§ 7131.503. Procedure
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety
35 P.S. § 7131.503
§ 7131.503. Procedure
(a) Investigative report.--The Attorney General shall, within 120 days of the receipt of the disclosure statement from the contractor or contributor, prepare and transmit to the department an investigative report on the contractor or contributor, based in part upon the disclosure statement, except that this deadline may be extended for a reasonable period of time, for good cause, by the Attorney General. The investigative report prepared by the Attorney General shall be evaluated by the department pursuant to sections 308(g) and 310(c)1 of the Low-Level Radioactive Waste Disposal Act under the continuing obligation of the department to evaluate the compliance history of the contractor and contributors covered by this act. In preparing this report, the Attorney General may request and receive criminal history information from the Federal Bureau of Investigation and the Pennsylvania State Police.
(b) Duty of contractors and contributors.--All contractors and contributors shall have the continuing duty to provide any assistance or information requested by the Attorney General and to cooperate in any inquiry or investigation conducted by the Attorney General and in any inquiry, investigation or hearing conducted by the department. If, upon issuance of a formal request to answer any inquiry or produce information, evidence or testimony, any contractor or contributor refuses to comply, the agreement or contract with that person may be revoked by the department.
(c) Fee.--The Attorney General may charge and collect, in accordance with a fee schedule adopted by regulation, such fees from contractors and contributors as may be necessary to cover the costs of enforcing this act. The fee shall be calculated on the basis of $100 per each individual required to be listed in the disclosure statement or shown to have a beneficial interest other than an equity interest or debt liability in the business of the contractor or the contributor. The Attorney General may revise the fee by regulation.
(d) Disclosure statement changes.--The contractor or contributor shall provide to the Attorney General, in writing, any changes to information in the disclosure statement or any supplemental information within 30 days of any change in information contained in the disclosure statement or receipt of the supplemental information. If a class of equity securities of the contractor or contributor, or its parent organization or a subsidiary of a publicly traded corporation, is registered on a national securities exchange, the contractor or contributor will be deemed in compliance with the requirements of this subsection, as to revised and supplemental disclosure of holders of its equity and debt liabilities, if it supplies to the Attorney General, within 30 days of the receipt thereof, copies of any relevant Schedule 13-D or Schedule 13-G received by the contractor or contributor, or its parent organization or a subsidiary of a publicly traded corporation.
(1) All contractors, contributors and persons required by section 502(2)2 to be listed on the disclosure form have a duty to cooperate in providing testimony, books, papers, correspondence, memoranda, agreements or any other documents or testimony needed to comply with this chapter.
(2) The Attorney General, for the purpose of any investigation under this chapter, believing that a person or entity may be in possession, custody or control of documentary evidence or may have information relevant to the subject matter of this chapter, may administer oaths or affirmations, subpoena witnesses, compel their attendance, take evidence and require the production of any books, papers, correspondence, memoranda, agreements or any other documents or records which the Attorney General deems relevant to the inquiry.
(3) A request for information shall state the subject matter of the investigation, and shall describe the material to be produced with reasonable particularity so as to fairly identify the documents demanded, provide a return date within which the material is to be produced and identify the member of the Attorney General to whom the material should be given.
(4) The Attorney General may invoke the aid of a court of record of the Commonwealth for failure to obey a subpoena of a witness appearing before the Attorney General or his representative, and the court may thereupon issue an order requiring the person subpoenaed to obey the subpoena or give evidence or produce the books, records, accounts, papers, documents or files relative to the matter in question. Failure to obey an order may be punished by the court as a contempt. Any motion to challenge a subpoena shall be filed with the court of record. Any appeal of the decision of the issuing authority shall be to the appropriate court of record.
(5) If a contractor or contributor, after a diligent effort, cannot obtain the cooperation of persons required by section 502(2) to be listed on the disclosure form to provide the information required by this chapter and the information is not available from other sources accessible to the public, the contractor or contributor shall provide the name or names of such persons to the Attorney General. The contractor or contributor shall provide an explanation of the information requested, the steps taken to obtain the information and the response of the person being asked to provide the information. The Attorney General may use the authority contained in this section to obtain the information required to be included on the disclosure form.
Credits
1990, July 11, P.L. 436, No. 107, § 503, imd. effective.
35 P.S. § 7131.503, PA ST 35 P.S. § 7131.503
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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