§ 7.153. Gifts and favors.

 (a)  No employe, appointee or official in the Executive Branch of the Commonwealth may solicit or accept for the personal use of himself or another, a gift, gratuity, favor, entertainment, loan or other thing of monetary value from a person who:

   (1)  Is seeking to obtain business from or has financial relations with the Commonwealth.

   (2)  Conducts operations or activities that are regulated by the Commonwealth.

   (3)  Is engaged, either as principal or attorney, in proceedings before the Commonwealth or in court proceedings in which the Commonwealth is an adverse party.

   (4)  Has interests that may be substantially affected by the performance or nonperformance of the official duty of the employe.

 (b)  The only exceptions are limited to the following instances:

   (1)  The solicitation or acceptance of something of monetary value from a friend, parent, spouse, child or other close relative when the circumstances make it clear that the motivation for the action is a personal or family relationship.

   (2)  Acceptance of food and refreshment of nominal value on infrequent occasions in the ordinary course of a luncheon or dinner meeting or other meeting.

   (3)  The acceptance of loans from banks or other financial institutions on customary terms of finance for proper and usual activities, such as home mortgage loans.

   (4)  Acceptance of unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal intrinsic value.

   (5)  Receipts of bona fide reimbursement for actual expenses for travel and other necessary subsistence as is compatible with other restrictions set forth in this part and for which no Commonwealth payment or reimbursement is made. However, an employe may not be reimbursed, and payment may not be made on his behalf, for excessive personal living expenses, gifts, entertainment or other personal benefits nor may an employe be reimbursed by a person for travel on official business under Commonwealth orders.

   (6)  Participation in the affairs of or acceptance of an award for a meritorious public contribution or achievement from a charitable, religious, professional, social, fraternal or nonprofit educational, recreational, public service or civic organization.

   (7)  A voluntary gift of nominal value or donation in a nominal amount made on a special occasion such as marriage, illness or retirement.

   (8)  A plaque, memento or gift of nominal value offered as a token of esteem or appreciation on the occasion of a public appearance, visit, speech or the like.

   This section cited in 4 Pa. Code §  7.159 (relating to enforcement).