§ 162.16. Investigation; subpoenas; injunctions; court orders
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 10 P.S. Charities and Welfare
10 P.S. § 162.16
§ 162.16. Investigation; subpoenas; injunctions; court orders
(1) Except as provided in paragraph (2), any documentary material or other information produced by any person pursuant to this section shall not, unless otherwise ordered by any court of competent jurisdiction for good cause shown, be produced for inspection or copying by or be disclosed to any person other than the authorized representative of the Attorney General, the secretary or the district attorney without the consent of the person who produced such material.
(2) Under such reasonable terms and conditions that the Attorney General, the secretary or the district attorney shall prescribe, documentary material in paragraph (1) shall be available for inspection and copying by the person who produced such material or any duly authorized representative of such person. The Attorney General, the secretary or the district attorney or his duly authorized representative may use such documentary material or copies thereof as he determines necessary in the enforcement of this act, including presentation in any subsequent administrative or judicial proceeding.
(f) Compliance.--Any person upon whom a notice is served pursuant to this section shall comply with the terms thereof unless otherwise provided by an order of court. Any person who fails to appear or, with intent to avoid, evade or prevent compliance, in whole or in part, with any civil investigation under this act, removes from any place, conceals, withholds or destroys, mutilates, alters or by any other means falsifies any documentary material in the possession, custody or control of any person subject to any notice, or knowingly conceals any relevant information, shall be assessed a civil penalty of not more than $5,000. The Attorney General or the district attorney may petition for an order of court for enforcement of this section. Additionally, the secretary may take appropriate action to petition for an order of court for the enforcement of this section in accordance with the act of October 15, 1980 (P.L. 950, No. 164), known as the Commonwealth Attorneys Act.1 Any disobedience of any final order entered under this section by any court shall be punished as contempt thereof.
(4) Any charitable organization, fundraising counsel, or professional solicitor having its principal place of business other than within this Commonwealth, or organized under and by virtue of the laws of a foreign state, which is subject to the provisions of this act, shall be deemed to have irrevocably appointed the Secretary of State as its agent upon whom may be served any summons, subpoena duces tecum or other process directed to such charitable organization, fundraising counsel, professional solicitor, or any partner, principal officer or director of any of them, in any action or proceeding brought under the provisions of this act. Service of such process upon the Secretary of State shall be made by personally delivering to and leaving with him a copy thereof at his office in the city of Harrisburg, Pennsylvania, and such service shall be sufficient service, provided notice of such service and a copy of such process shall be forthwith sent by said secretary to such charitable organization, fundraising counsel, professional solicitor or other person to whom it is directed by registered mail, with return receipt requested, at the last address known to said secretary.
Credits
1990, Dec. 19, P.L. 1200, No. 202, § 16, effective in 60 days.
Footnotes
71 P.S. § 732-101 et seq.
10 P.S. § 162.16, PA ST 10 P.S. § 162.16
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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