Current through Register Vol. 54, No. 44, November 2, 2024
Section 1003.75 - Office of Trial Counsel(a)Designation. The TLD will include an Office of Trial Counsel to be comprised of at least one attorney admitted to practice law before the Supreme Court of Pennsylvania. Trial counsel will be appointed by the Executive Director and will provide legal counsel and representation to the following departments:(1) The Enforcement Department.(2) Other departments of the Authority permitted by the act, this part or order of the Authority.(b)Duties generally. The Office of Trial Counsel has the following duties and powers:(1) To advise the Enforcement Department on all matters, including the granting of rights, certificates or registrations, the conduct of background investigations, audits and inspections and the investigation of potential violations of the act, this part or an order of the Authority.(2) Make recommendations and objections relating to the issuance of certificates, registrations or other rights.(3) Initiate, in its sole discretion, proceedings for violations of the act, this part or an order of the Authority by filing a complaint or other pleading with the Authority seeking civil fines or penalties, the imposition of conditions on a certificate, registration, other right or the suspension or cancellation of conditions on a certificate, registration or other right.(4) Withdraw, amend or otherwise alter, in its sole discretion, a complaint or other pleading with the Authority in a manner consistent with this part.(5) Act as the prosecutor in enforcement proceedings.(6) Seek a settlement that may include fines, penalties or other actions or limitations on rights subject to approval by the presiding officer.(7) Appear at administrative hearings and other proceedings before a presiding officer or the Authority.(c)Supervision. The Office of Trial Counsel will be supervised by the then longest continually appointed trial counsel and will have no reporting obligations to the Director. The supervising trial counsel will report to the General Counsel on administrative matters and otherwise adhere to the requirements in this subchapter. This section cited in 52 Pa. Code § 1001.10 (relating to definitions); and 52 Pa. Code § 1003.71 (relating to definitions).