Current through Register Vol. 54, No. 49, December 7, 2024
Section 21.1 - Complaints(a) A complaint alleging a violation of the act shall contain the name, position or office held by the respondent and the basis of the complaint which would delineate the facts and circumstances of the alleged violation.(b) A complaint shall be sworn and signed by the complainant.(c) The identity of the complainant will remain confidential unless there is a wrongful use of the act.(d) The Commission will acknowledge, in writing, the receipt of the complaint.(e) The Commission through its Executive Director will review complaints and proceed only if the complaint: (1) Contains sufficient information.(3) Is within the Commission's jurisdiction.(4) Concerns an alleged violation of the act having a greater than de minimis economic impact.(f) A complaint not meeting the requirements of subsection (e) will be dismissed without prejudice to refile if the requirements are satisfied.(g) Upon the receipt of a complaint which satisfies the criteria of subsection (e), the Commission, through its Executive Director, will initiate a preliminary inquiry. If the preliminary inquiry establishes reason to believe that the act was violated, the Commission, through its Executive Director, may initiate a full investigation.(h) A complainant will be notified of the dismissal of a complaint under subsection (f).(i) In the case of sworn complaints alleging a violation of the Statements of Financial Interests filing requirements, the Commission may elect to proceed under § 19.3 (relating to late or deficient filings), in which event this chapter does not apply.(j) This section supersedes 1 Pa. Code §35.9 (relating to formal complaints generally). This section cited in 51 Pa. Code §31.1 (relating to definitions); 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); and 51 Pa. Code § 63.2 (relating to Commission proceedings regarding prohibited activities under section 13A07 of the act).