§ 13.2. Advice of counsel.
(a) Advice of counsel will be based exclusively on one or more of the following authorities:
(1) Prior Commission opinions.
(2) The act.
(3) This title.
(4) Court opinions interpreting the act.
(b) The Chief Counsel will issue the advice on behalf of the Commission within 21 working days after receipt of the request, but the time may be extended for good cause.
(c) Clarification of an advice may be requested in cases where the original advice was incomplete, inconsistent or unclear.
(d) Requests for clarification shall be filed within the 30-day period normally applicable for appealing an advice to the Commission.
(e) The timely filing of a request for clarification will toll the applicable period for appealing an advice to the Commission.
(f) Supplemental advice may be requested in cases in which additional facts are present or circumstances have changed from those in the original request.
(g) An advice of counsel may be appealed to the Commission by the requester or the subject of the request.
(h) An appeal from an advice to the Commission shall be in writing and filed within 30 days of the issuance of the advice.
(i) An appeal from an advice will be considered by the Commission after which an opinion will be issued either affirming, modifying or reversing the original advice.
(j) Reconsideration may be requested under § 21.29 (relating to finality; reconsideration) of an opinion disposing of an appeal of an advice if the request is filed within 30 days of the issuance of the opinion.
(k) An advice shall be a complete defense in an enforcement proceeding initiated by the Commission, and evidence of good faith conduct in another civil or criminal proceeding, if the requester, at least 21 working days prior to the alleged violation, requested written advice from the Commission in good faith, disclosed truthfully the material facts and committed the acts complained of either in reliance on the advice or because of the failure of the Commission to provide advice within 21 working days of the request or the later extended time.
Authority The provisions of this § 13.2 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 § 13.2 amended May 5, 1995, effective May 6, 1995, 25 Pa.B. 1777; amended April 19, 2024, effective April 20, 2024, 54 Pa.B. 2077. Immediately preceding text appears at serial pages (342990) and (258151).
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