§ 86.239. Gifts and gratuities.
(a) Except as provided in subsection (c), employes may not solicit or accept, directly or indirectly, any gift, gratuity, favor, entertainment, loan or any other thing of monetary value, from a company which:
(1) Conducts or is seeking to conduct coal mining operations or activities that are regulated by the Department.
(2) Has interests, operations or activities that may be substantially affected by the performance or nonperformance of the employe’s official duty.
(b) Except as provided in subsection (c), gifts and gratuities shall be immediately reported to both the employe’s supervisor and the review committee. Failure to report such gifts and gratuities shall constitute a major violation of this subchapter.
(c) The prohibitions in subsection (a) do not apply in the context of obvious family or personal relationships, such as those between the parents, children or spouse of the employe and the employe, when the circumstances make it clear that it is those relationships rather than the business of the persons concerned which are the motivating factors. An employe may accept unsolicited advertising or promotional material, such as pens, pencils, note pads, calendars and other items of nominal value.
Source The provisions of this § 86.239 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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