§ 21.3. Preliminary inquiries.
(a) A preliminary inquiry will be terminated or opened as a full investigation within 60 days of the initiation thereof. A preliminary inquiry is considered initiated at the time when it is officially docketed.
(b) The Commission will keep information, records and proceedings relating to a preliminary inquiry confidential. The Commission will, however, have the authority to refer the case to law enforcement officials during a preliminary inquiry or any time thereafter without providing notice to the subject of the inquiry.
(c) If, after preliminary inquiry, there is reason to believe that the act has been violated, the Executive Director will commence an investigation. An investigation will be considered commenced when the respondent is notified under § 21.5(b) (relating to conduct of investigations).
(d) The Commission, through its Executive Director, will close the preliminary inquiry if:
(1) The occurrence giving rise to the complaint is not within the purview of the act as having been committed and completed prior to the act.
(2) The occurrence giving rise to the complaint is clearly not within the purview of the act.
(3) The respondent is not a person subject to the act.
(4) There is no reason to believe that the act has been violated.
(5) The violation complained of has a de minimis economic impact.
(e) If the preliminary inquiry is closed, the Commission will notify the complainant and the respondent.
Cross References This section cited in 51 Pa. Code § 43.2 (relating to Commission proceedings under section 1307 of the act); 51 Pa. Code § 43.5 (relating to investigative process for late or deficient filings); 51 Pa. Code § 63.2 (relating to Commission proceedings regarding prohibited activities under section 13A07 of the act); and 51 Pa. Code § 63.5 (relating to investigative process for late or deficient filings).
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