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Investigations by commission - 65 Pa. Cons. Stat. § 1108

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     § 1108.  Investigations by commission.
        (a)  Preliminary inquiry.--Upon a complaint signed under
     penalty of perjury by any person or upon its own motion, the
     commission, through its executive director, shall conduct a
     preliminary inquiry into any alleged violation of this chapter.
     The commission shall keep information, records and proceedings
     relating to a preliminary inquiry confidential. The commission
     shall, however, have the authority to refer the case to law
     enforcement officials during a preliminary inquiry or anytime
     thereafter without providing notice to the subject of the
     inquiry. The commission shall complete its preliminary inquiry
     within 60 days of its initiation.
        (b)  Termination of preliminary inquiry.--If a preliminary
     inquiry fails to establish reason to believe that this chapter
     has been violated, the commission shall terminate the inquiry
     and so notify the complainant and the person who had been the
     subject of the inquiry. If the commission determines that a
     complaint is frivolous, it shall so state.
        (c)  Initiation of investigation.--If a preliminary inquiry
     establishes reason to believe that this chapter has been
     violated, the commission may, through its executive director,
     initiate an investigation to determine if there has been a
     violation. The commission shall keep information, records and
     proceedings relating to an investigation confidential until a
     final determination is made, except as otherwise provided in
     subsection (g). No investigation may be commenced until the
     person who is the subject of the investigation has been notified
     and provided a general statement of the alleged violation or
     violations of this chapter and other applicable statutes with
     respect to such investigation. Service of notice is complete
     upon mailing which shall be by certified or registered mail. The
     commission shall notify the complainant within 72 hours of the
     commencement of an investigation, and, thereafter, the
     commission shall advise the complainant and the person who is
     the subject of the investigation of the status of the
     investigation at least every 90 days until the investigation is
     terminated. The commission shall, within 180 days of the
     initiation of an investigation, either terminate the
     investigation pursuant to subsection (d) or issue a findings
     report pursuant to subsection (e). Upon a showing by the
     executive director of the need for extension of this period, the
     commission may extend an investigation for up to two 90-day
     periods, provided that each 90-day extension shall be approved
     by a majority vote of members present. In no event shall a
     findings report be issued later than 360 days after initiation
     of an investigation.
        (d)  Termination of investigation.--If an investigation
     conducted under this chapter indicates that no violation has
     been committed, the commission shall immediately terminate the
     investigation and send written notice of such determination to
     the complainant and the person who was the subject of the
     investigation.
        (e)  Findings report.--The commission, upon the completion of
     an investigation, shall issue a findings report to the subject
     of the investigation setting forth the pertinent findings of
     fact. The subject shall have the right to respond to said
     findings and to request an evidentiary hearing on said matter.
     The commission shall grant any request for a hearing. Said
     hearing shall be held in Harrisburg or, at the request of the
     subject, in either Philadelphia or Pittsburgh. Any response to
     the findings report must either admit or deny by corresponding
     number and letter the pertinent facts set forth. The subject of
     the investigation shall have access to any evidence intended to
     be used by the commission at the hearing and any exculpatory
     evidence developed by the commission in the course of its
     investigation. Matters not specifically denied in the response
     shall be deemed admitted. The response must be filed within 30
     days of the issuance of the findings report unless the time
     period is extended by the commission for good cause shown.
     Hearings conducted upon request shall be instituted within 45
     days after the filing of the response.
        (f)  Final order.--Within 30 days of the receipt by the
     commission of the hearing record or, if no hearing is to be
     held, within 30 days of the receipt by the commission of the
     response to the findings report, the commission shall issue an
     order which shall be final. Upon receipt of a final order, the
     subject shall have the right to file a petition for
     reconsideration in accordance with the regulations of the
     commission.
        (g)  Procedure for hearing.--Hearings conducted pursuant to
     this section shall be closed to the public unless the subject
     requests an open hearing. Any person who appears before the
     commission shall have all of the due process rights, privileges
     and responsibilities of a party or witness appearing before an
     administrative agency of this Commonwealth. All witnesses
     summoned for such hearings shall receive reimbursement for
     reasonable expenses in accordance with 42 Pa.C.S. § 5903
     (relating to compensation and expenses of witnesses). At the
     conclusion of a hearing concerning an alleged violation and in a
     timely manner, the commission shall deliberate on the evidence
     and determine whether there has been a violation of this
     chapter. At least four members of the commission present at a
     meeting must find a violation by clear and convincing proof. The
     names of the members finding a violation and the names of those
     dissenting and abstaining shall be listed in the order. The
     determination of the commission, in the form of a final order
     and findings of fact, shall be a matter of public record.
        (h)  Availability of final orders, files and records.--Orders
     which become final in accordance with the provisions of this
     section shall be available as public documents, but the files
     and records of the commission relating to the case shall remain
     confidential.
        (i)  Appeal.--Any person aggrieved by an opinion or order
     which becomes final in accordance with the provisions of this
     chapter who has direct interest in such opinion or order shall
     have the right to appeal therefrom in accordance with law and
     general rules.
        (j)  Retaliation prohibited.--No public official or public
     employee shall discharge any official or employee or change his
     official rank, grade or compensation or deny him a promotion or
     threaten to do so for filing a complaint with or providing
     information to the commission or testifying in any commission
     proceeding. No member of the commission and no employee of the
     commission shall discharge any employee of the commission or
     change his official rank, grade or compensation or threaten to
     do so for providing any information about the internal
     operations of the commission, not required by law to be kept
     secret, to any legislator or legislative staff member or
     testifying in any legislative proceeding.
        (k)  Confidentiality.--As a general rule, no person shall
     disclose or acknowledge to any other person any information
     relating to a complaint, preliminary inquiry, investigation,
     hearing or petition for reconsideration which is before the
     commission. However, a person may disclose or acknowledge to
     another person matters held confidential in accordance with this
     subsection when the matters pertain to any of the following:
            (1)  final orders of the commission as provided in
        subsection (h);
            (2)  hearings conducted in public pursuant to subsection
        (g);
            (3)  for the purpose of seeking advice of legal counsel;
            (4)  filing an appeal from a commission order;
            (5)  communicating with the commission or its staff, in
        the course of a preliminary inquiry, investigation, hearing
        or petition for reconsideration by the commission;
            (6)  consulting with a law enforcement official or agency
        for the purpose of initiating, participating in or responding
        to an investigation or prosecution by the law enforcement
        official or agency;
            (7)  testifying under oath before a governmental body or
        a similar body of the United States of America;
            (8)  any information, records or proceedings relating to
        a complaint, preliminary inquiry, investigation, hearing or
        petition for reconsideration which the person is the subject
        of; or
            (9)  such other exceptions as the commission by
        regulation may direct.
        (l)  Frivolous complaints and wrongful disclosure.--If a
     public official or public employee has reason to believe the
     complaint is frivolous as defined by this chapter, or without
     probable cause and made primarily for a purpose other than that
     of reporting a violation of this chapter, or a person publicly
     disclosed or caused to be disclosed that a complaint against the
     public official or public employee has been filed with the
     commission, the public official or public employee shall notify
     the commission and the commission, through its executive
     director, shall conduct an investigation.
        (m)  Limitation of time.--The commission may conduct an
     investigation within five years after the alleged occurrence of
     any violation of this chapter.

        Cross References.  Section 1108 is referred to in sections
     1106, 1107, 1109, 13A08, 13A09 of this title.

Last modified: November 27, 2007