§ 3505. Penalties for false certification.
(a) Penalties.--Subject to the provisions of section 3504(b) (relating to certification), if the department determines that a person has provided a false certification form to a Commonwealth entity under section 3504, the person shall be subject to the following:
(1) A civil penalty in the amount of $250,000 or twice the amount of the contract, whichever is greater. Only one civil penalty may be imposed upon a person per investment.
(2) Suspension of the existing contract with the Commonwealth entity for a period of three years from the date of the determination that the person submitted the false certification. Following the three-year suspension period, the Commonwealth entity or the department may terminate the contract.
(b) Report of false certification.--The department shall report to the Attorney General the name of the person who submitted the false certification and the pertinent information that led to the department's determination. No later than three years after the department makes a determination under subsection (a), the Attorney General shall determine whether to bring a civil action against the person to collect the penalty described in subsection (a). If a court determines the person submitted a false certification, the person shall pay all reasonable costs and fees incurred in the civil action. Reasonable costs shall include the reasonable costs incurred by the Commonwealth entity in investigating the authenticity of the certification. Only one civil action against the person may be brought for a false certification on a contract.
(c) No private right of action.--Nothing in this section may be construed to create or authorize a private right of action.
(Oct. 21, 2014, P.L.2517, No.149, eff. July 1, 2015)
2014 Amendment. Act 149 added section 3505.
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