§ 13.1. General provisions.
(a) An advice or an opinion may be requested by a public official or public employee as to his own conduct or by the authorized representative of the person, his present employer, or appointing authority of the person through majority action of the appointing authority, if applicable.
(b) The requester shall provide the following information in writing:
(1) The name, address and phone number of the person who is the subject of the request and if different, the name, address and phone number of the person initiating the request.
(2) The name of the governmental body with which the subject serves and the name or title of the person’s public office or position.
(3) If the requester is the appointing authority, employer or representative of the subject of the request, the nature of the relationship.
(4) The nature and duties of the subject’s office or job. Include an organization chart, bylaws of the organization, if available, and a job description.
(5) List the relevant facts and circumstances surrounding the request.
(c) The requester may ask that an opinion or advice be issued under either 65 Pa.C.S. § 1107(10) or (11) (relating to powers and duties of commission).
(d) The Commission will decide, within 14 days, whether an opinion or advice should be issued and will so advise the requester.
(e) If a requester seeks an opinion and is advised that an advice should be issued or if the requester seeks an advice and is advised that an opinion should be issued, the requester may either withdraw the request by notifying the Commission within 14 days of the date of receiving notice under subsection (d) or may elect to have the opinion or advice issued as docketed by the Commission.
(f) Advices and opinions are matters of public record except as provided in this section.
(g) A requester may seek a confidential advice or opinion in writing at the time of the request or within 7 days of notification of docketing as an advice or opinion.
(h) A confidential advice or opinion will be publicly filed but will contain deletions and changes to preserve the confidentiality of the requester’s or subject’s identity.
(i) The files relating to a confidential advice or opinion will not be public and will so remain unless released by the requester or the public official or public employee who is the subject of the advisory.
(j) If a Petition for Review or other legal pleading is filed in a court of law regarding a confidential advice or opinion, the files will become public on the date that the Commission record is transmitted to court or on the date the responsive pleading, motion, application or other legal document is filed by the Commission, whichever date comes first, unless the court directs otherwise.
(k) Documents and submissions to the Commission relating to a request for an opinion or an appeal of an advice shall be made at least 7 days prior to the meeting of the Commission during which the appeal or opinion will be reviewed.
Authority The provisions of this § 13.1 amended under 65 Pa.C.S. § 1107(1); and section 204(3) of the Commonwealth Documents Law (45 P.S. § 1204(3)).
Source The provisions of this § 13.1 amended April 19, 2024, effective April 20, 2024, 54 Pa.B. 2077. Immediately preceding text appears at serial pages (342989) to (342990).
Cross References This section cited in 51 Pa. Code § 13.5 (relating to public access).
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