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25 Pa. Code § 86.234. Penalties.

§ 86.234. Penalties.

 (a)  An employe who fails or refuses to file a statement of employment and financial interests by the prescribed filing date, or who fails or refuses to remedy a prohibited financial interest determined as provided in this subchapter, shall be subject to disciplinary action including but not limited to reassignment, transfer or termination of employment.

 (b)  An employe who fails or refuses to remedy a prohibited financial interest determined as provided in this subchapter shall be subject to:

   (1)  Criminal penalties as provided in section 1928-A of The Administrative Code of 1929 (71 P. S. §  510-28), which provides:

   ‘‘No employe of the Department of Environmental Resources performing any function or duty within the scope of activities covered by the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87 (95th Congress) shall have a direct or indirect financial interest in any underground or surface coal mining operating as defined by this act. Whoever knowingly violates the provisions of this section shall, upon conviction, be punished by a fine of not more than two thousand five hundred dollars ($2,500) or by imprisonment of not more than one (1) year, or both.’’

   (2)  Criminal penalties as provided in section 517(g) of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C.A. §  1267(g)), which provides:

   ‘‘No employe of the State regulatory authority performing any function or duty under this Act shall have a direct or indirect financial interest in any underground or surface coal mining operation. Whoever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than $2,500, or by imprisonment of not more than one year, or by both.’’

Source

   The provisions of this §  86.234 adopted December 19, 1980, 10 Pa.B. 4789, effective July 31, 1982, 12 Pa.B. 2382; amended July 30, 1982, 12 Pa.B. 2473, effective July 31, 1982, 12 Pa.B. 2382.


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