§ 13A09. Penalties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 65 Pa.C.S.A. Public OfficersEffective: April 16, 2018
Effective: April 16, 2018
65 Pa.C.S.A. § 13A09
§ 13A09. Penalties
(5) Appeals of the commission's determination shall be in accordance with section 1108(i). If a court of competent jurisdiction determines that any complaint or investigation which involves an attorney at law is under the jurisdiction of the board, the matter shall be referred by the court to the board to be investigated, considered and resolved in a manner consistent with the Rules of Professional Conduct.
(d) Failure to comply after notice.--A person that fails to comply with the requirements of this chapter, after notice of noncompliance and after a hearing if one is requested, may be prohibited from lobbying for economic consideration for up to five years. The prohibition shall be imposed under subsection (e)(4).
(3) Except as set forth in paragraph (1) or (2), a person that intentionally violates this chapter commits a misdemeanor of the third degree. In addition to any other penalties imposed under this chapter, the court may impose a fine not to exceed $25,000 against a principal who is found guilty under this paragraph.
(4) In addition to any criminal penalties imposed under this chapter, the commission may prohibit a person from lobbying for economic consideration for up to five years for conduct which constitutes an offense under this subsection. Criminal prosecution or conviction is not required for the imposition of the prohibition authorized by this paragraph. The commission shall not impose the prohibition under this paragraph unless the person has been afforded the opportunity for a hearing, which shall be conducted by the commission in accordance with sections 1107(14) and 1108(e).
(h) Criminal enforcement.--If the department or commission has reason to believe an intentional violation of this chapter has been committed, it shall refer all relevant documents and other information to the Office of Attorney General and, if the lobbyist or principal is an attorney at law, to the board. The Attorney General shall have exclusive jurisdiction to prosecute criminal violations under this chapter.
(i) Attorney General.--In addition to the authority conferred upon the Attorney General under the act of October 15, 1980 (P.L. 950, No. 164),1 known as the Commonwealth Attorneys Act, the Attorney General has the authority to investigate and prosecute a violation of this chapter.
Credits
2006, Nov. 1, P.L. 1213, No. 134, § 3, effective Jan. 1, 2007. Amended 2018, Feb. 14, P.L. 2, No. 2, § 4.
Footnotes
71 P.S. § 732-101 et seq.
65 Pa.C.S.A. § 13A09, PA ST 65 Pa.C.S.A. § 13A09
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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