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§ 162.19. Civil penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 10 P.S. Charities and Welfare

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 10 P.S. Charities and Welfare (Refs & Annos)
Chapter 6. Solicitation of Funds for Charitable Purposes Act (Refs & Annos)
10 P.S. § 162.19
§ 162.19. Civil penalties
(a) General rule.--Whenever the Attorney General or any district attorney shall have reason to believe, or shall be advised by the secretary, that the person is operating in violation of the provisions of this act, the Attorney General or district attorney may bring an action in the name of the Commonwealth against such person who has violated this act, to enjoin such person from continuing such violation and for such other relief as the court deems appropriate. In any proceeding under this subsection, the court may make appropriate orders, including:
(1) the appointment of a master or receiver;
(2) the sequestration of assets;
(3) the reimbursement of persons from whom contributions have been unlawfully solicited;
(4) the distribution of contributions in accordance with the charitable purpose expressed in the registration statement or in accordance with the representations made to the person solicited;
(5) the reimbursement of the Commonwealth for attorney fees and the costs of investigation, including audit costs;
(6) the assessment of a civil penalty not exceeding $1,000 per violation of the act, which penalty shall be in addition to any other relief which may be granted; and
(7) the granting of other appropriate relief.
(b) Assurance of voluntary compliance.--In any case where the Attorney General or district attorney has authority to institute an action or proceeding under this act, he may accept an assurance of voluntary compliance through which any person alleged to be engaged in any method, act or practice in violation of this act agrees to discontinue such method, act or practice. Such assurance may, among other terms, include a stipulation of a voluntary payment by such person of the cost of the investigation or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved persons, or both. Any such assurance of compliance shall be in writing and shall be filed with a court of the Commonwealth. Matters closed may at any time be reopened by the court for further proceedings in the public interest. In the event of an alleged violation of the assurance of voluntary compliance, the Attorney General or district attorney may, at his discretion, either initiate contempt proceedings or proceed as if the assurance of voluntary compliance has not been accepted. Evidence of a violation of such assurance shall be prima facie evidence of a violation of this act in any subsequent proceeding brought by the Attorney General or district attorney.

Credits

1990, Dec. 19, P.L. 1200, No. 202, § 19, effective in 60 days.
10 P.S. § 162.19, PA ST 10 P.S. § 162.19
Current through 2020 Regular Session Act 140. Some statute sections may be more current, see credits for details.
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