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§ 162.16. Investigation; subpoenas; injunctions; court orders

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. § 162.16
§ 162.16. Investigation; subpoenas; injunctions; court orders
(a) Permissible investigations.--The Attorney General, the secretary or the district attorney may make or cause to be made an investigation of any person as deemed necessary. In conducting such investigation, he may:
(1) Require or permit any person to file a statement in writing, under oath or otherwise, as to all the facts and circumstances concerning the matter to be investigated.
(2) Administer oaths or affirmations.
(3) Take testimony under oath.
(4) Require the attendance and testimony of witnesses and the production of any books, accounts, papers, records, documents, audits and files relating to any solicitation or any practice subject to this act or the regulations of the department.
(5) Issue subpoenas.
(6) Conduct private or public hearings.
(7) Examine witnesses and receive evidence during any investigation or public or private hearings.
(b) Notice.--Notice of the time and place for the examination of documentary material shall be given by the Attorney General, the secretary or the district attorney at least ten days prior to the date of such examination or taking of testimony.
(c) Contents of notice.--Each notice shall:
(1) State the time and place for the taking of testimony or the examination and the name and address of the person to be examined, if known, and if the name is not known, a general description sufficient to identify him or the particular class or group to which he belongs.
(2) State the statute thereof, if any, of the alleged violation which is under investigation and state the general subject matter of the investigation.
(3) Describe the class or classes of documentary material to be produced thereunder with reasonable specificity, so as fairly to indicate the material demanded.
(4) Prescribe a return date within which the documentary material is to be produced.
(5) Identify the members of the Office of Attorney General's staff, the secretary's staff or the district attorney's staff to whom such documentary material is to be made available for inspection and copying.
(d) Restrictions on notices.--No such notice shall contain any requirement which would be unreasonable or improper if contained in a subpoena duces tecum issued by a court of the Commonwealth.
(e) Restriction on materials.--
(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.
(g) Service.--Service of a subpoena may be made in any one of the following ways:
(1) Delivering a duly executed copy thereof to the person to be served or to a partner or to any officer or agent authorized by appointment or by law to receive service of process on behalf of such person.
(2) Delivering a duly executed copy thereof to the principal place of business in this Commonwealth of the person to be served.
(3) Mailing by registered or certified mail a duly executed copy thereof addressed to the person to be served at his principal place of business in this Commonwealth or if said person has no place of business in this Commonwealth, to the last address of such person known to the secretary.
(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 2020 Regular Session Act 140. Some statute sections may be more current, see credits for details.
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