§ 405a.3. Office of Enforcement Counsel.
(a) The Office of Enforcement Counsel within the Bureau has the following powers and duties:
(1) Advise the Bureau on all matters, including the granting of licenses, permits, certifications or registrations, the conduct of background investigations, audits and inspections and the investigation of potential violations of the act or this part.
(2) Make recommendations and objections relating to the issuance of licenses, permits, certifications and registrations.
(3) Initiate, in its sole discretion, proceedings for violations of the act or this part by filing a complaint or other pleading with the Board seeking civil fines or penalties, the imposition of conditions on a license, permit, certification or registration, or the suspension or revocation of a license, permit, certification or registration.
(4) Act as the prosecutor in enforcement actions under the act.
(5) Seek a settlement that may include fines, penalties or other actions subject to approval by the Board.
(6) Appear at administrative hearings and other proceedings before the Board.
(7) Petition the Board for the appointment of a trustee under section 1332 of the act (relating to appointment of trustee).
(8) Review all information discovered during an investigation relating to an applicant’s suitability and eligibility for a license, permit, certification or registration and, in accordance with law, independently determine the content and scope of that information to be included in the final background investigation report.
(9) Prepare a final background investigation report for inclusion in the applicant’s suitability report to the Board relating to an applicant’s suitability and eligibility for a license, permit, certification or registration.
(b) The Chief Enforcement Counsel will report to the Executive Director of the Board on administrative matters.
(c) The Chief Enforcement Counsel may be removed by the Board only for good cause shown.
Authority The provisions of this § 405a.3 amended under 4 Pa.C.S § § 1202, 1202.1, 1207, 1320 and 1517.
Source The provisions of this § 405a.3 amended March 28, 2008, effective March 29, 2008, 38 Pa.B. 1474; amended October 7, 2011, effective October 8, 2011, 41 Pa.B. 5368. Immediately preceding text appears at serial page (344533).
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