Subchapter X. INSPECTOR GENERAL

 There is created within the Executive Office of the Governor the Office of State Inspector General.

 The purpose of the Office of State Inspector General is as follows:

   (1)  To deter, detect, prevent and eradicate fraud, waste, misconduct and abuse in the programs, operations and contracting of executive agencies. For purposes of this subchapter, the term ‘‘executive agency’’ has the meaning given to it by section 102 of the Commonwealth Attorneys Act (71 P. S. §  732-102).

   (2)  To keep the heads of executive agencies and the Governor fully informed about problems and deficiencies relating to the administration of programs, operations and contracting in executive agencies.

   (3)  To provide leadership, coordination and control over satellite Inspector General Offices in designated executive agencies to insure a coordinated and efficient administration of duties and use of staff. The existing Office of Inspector General in the Department of Transportation shall continue as a satellite Inspector General Office, and it and other satellite Inspector General Offices in executive agencies shall report to and follow the direction of the State Inspector General.

 It is the duty and responsibility of the State Inspector General to:

   (1)  Initiate, supervise and coordinate investigative activities relating to fraud, waste, misconduct or abuse in executive agencies.

   (2)  Recommend policies for and to conduct, supervise and coordinate activities designed to deter, detect, prevent and eradicate fraud, waste, misconduct and abuse in executive agencies.

   (3)  Report expeditiously to and cooperate fully with the General Counsel. Whenever the State Inspector General has reasonable grounds to believe there has been a violation of criminal law or that a civil action should be initiated by the Commonwealth, the State Inspector General shall immediately refer the matter to the General Counsel. The General Counsel is responsible for referring matters to the appropriate agency for criminal prosecution or civil litigation.

   (4)  Refer matters to the heads of executive agencies whenever the State Inspector General determines that disciplinary or other administrative action is appropriate.

 (a)  Additional duties and responsibilities. In addition to the authority otherwise provided in this subchapter, the State Inspector General, in carrying out duties and responsibilities, is authorized to:

   (1)  Make investigations and reports relating to the administration of the programs and operations of an executive agency as are, in the judgment of the State Inspector General, necessary or desirable. If the State Inspector General determines that a report should be issued, he shall consult with the General Counsel before issuing the report to insure against an adverse impact on a grand jury proceeding or prosecution being conducted by a law enforcement agency.

   (2)  Request information or assistance necessary for carrying out the duties and responsibilities provided by this subchapter from a Federal, State or local government agency or unit thereof.

   (3)  Require and obtain immediately by written notice from officers and employes of executive agencies and the Executive Department, to the fullest extent permitted to the Governor by PA. CONST. art. 4, §  10 or other law, information, documents, reports, answers, records, accounts, papers and other necessary data and documentary evidence.

   (4)  Have direct and prompt access to the heads of executive agencies when necessary for a purpose pertaining to the performance of functions and responsibilities under this subchapter.

   (5)  Select, appoint and employ officers and employes necessary for carrying out the functions, powers and duties of the office. The officers and employes shall be employed in accordance with current procedures of the Office of Administration and may be assigned by the State Inspector General to designated executive agencies.

 (b)  Request for information.

   (1)  Upon request of the State Inspector General for information or assistan ce, executive agencies shall immediately furnish the information and assistance to the State Inspector General or an authorized designee.

   (2)  If information or assistance requested is, in the judgment of the State Inspector General, unreasonably refused or not provided, the State Inspector General may report the circumstances to the head of the agency, the General Counsel and the Governor for appropriate action.

 (a)  The State Inspector General may receive and investigate complaints or information concerning the possible existence of an activity in an executive agency constituting a violation of law, rules or regulations, or mismanagement, fraud, waste of funds, abuse of authority, malfeasance, misfeasance, nonfeasance or a substantial and specific danger to the public health and safety.

 (b)  No person may take or threaten to take action against an employe as a reprisal for making a complaint or disclosing information to the State Inspector General, unless the complaint was made or the information disclosed with the knowledge that it was false or with willful disregard for its truth or falsity.

 (c)  The protections in this subchapter for employes who report, in good faith, fraud, waste, misconduct, malfeasance, misfeasance, nonfeasance or abuse are in addition and supplementary to protections provided by the Whistleblower Law (43 P. S. § §  1421—1428).

 Executive Order 1979-11 is rescinded.

   The provisions of this §  1.296 adopted by Executive Order No. 1987-7, dated April 6, 1987, effective April 6, 1987, 17 Pa.B. 1661.