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COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

58 Pa. Code § 405a.4. Conduct.

§ 405a.4. Conduct.

 (a)  As provided in section 1202.1(c.1) of the act (relating to code of conduct), an attorney representing the Bureau or Office of Enforcement Counsel, or an employee involved in the hearing process, may not engage in an ex parte communication with a member or presiding officer of the Board, the Chief Counsel or an attorney from the Office of Chief Counsel who is advising the Board in relation to that matter.

 (b)  A member or presiding officer of the Board, the Chief Counsel or an attorney from the Office of Chief Counsel who advises the Board may not direct, restrict or influence any employee of the Board or Bureau with respect to the conduct and scope of an enforcement proceeding or hearing with which the employee is involved.

 (c)  If it becomes necessary for the Chief Counsel or an attorney from the Office of Chief Counsel or a Board member to become involved on behalf of the Board in any enforcement proceeding, the Chief Counsel or the attorney from the Office of Chief Counsel or the Board member involved shall be prohibited from participating in the adjudication of that matter.

 (d)  The Bureau may not disclose any portion of a background investigation report to a member of the Board, the Chief Counsel or an attorney from the Office of Chief Counsel who is advising the Board, prior to the Office of Enforcement Counsel’s submission to the Board of the final background investigation report relating to an applicant’s suitability and eligibility for a license, permit, certification or registration.

Authority

   The provisions of this §  405a.4 amended 4 Pa.C.S. § §  1202.1 and 1516.1.

Source

   The provisions of this §  405a.4 amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5368. Immediately preceding text appears at serial pages (344533) to (344534).


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