Pennsylvania Code
Title 51 - PUBLIC OFFICERS
Part I - State Ethics Commission
Chapter 25 - WRONGFUL USE OF THE ACT
Section 25.4 - Appeal of determination
Current through Register Vol. 54, No. 12, March 23, 2024
(a) Both the complainant and the subject have standing and either may appeal the preliminary determination to the Commission.
(b) The issuance of Orders to Show Cause is governed by the following:
(c) If the complainant appeals, the Commission will issue a Rule to Show Cause requiring the complainant to file an answer to the averments in the Rule as to why the Rule should not be made absolute as to a finding of wrongful use of the act. The Commission will schedule a hearing for the complainant's appeal. The investigative staff of the Commission will present the Commission's case and will have the burden of proving wrongful use of the act by clear and convincing evidence.
(d) If the Commission makes a final determination that the act has been wrongfully used, it will release to the subject the name and address of the complainant solely for the purpose of initiating an action for wrongful use of the act. The complainant's identity will not otherwise be publicly released.
(e) If the Commission makes a final determination that the act was not wrongfully used, it will issue a final determination setting forth the reasons and evidence for its finding.
(f) The procedures of §§ 21.21-21.29 will apply to the hearing to the extent applicable.