4 Pa. Code § 39.14 - Independent agencies
(a)
Purpose and scope.
(1) Under
sections 216 and 709(f) of The Administrative Code of 1929 (71 P. S. §
§
76 and
249(f)), the Executive Board
has authority to make rules and regulations defining the expenses incurred in
the performance of public duties for which officers and employes of the
executive branch of State Government may be reimbursed. Under that authority,
Subchapter A (relating to defense of suits against Commonwealth employes)
defines those expenses relating to the defense of personal criminal and civil
actions asserted against Commonwealth officials and employes of an executive
branch agency of the Commonwealth government which might be paid by the
Commonwealth from any source.
(2)
Under Subchapter A, the General Counsel or a designee is required to determine,
except in the cases involving officials and employes of the Office of Attorney
General, the Department of Auditor General and the Treasury Department,
whether, in each individual case, a Commonwealth official or employe is
entitled to receive the benefits prescribed in that subchapter.
(3) This section is adopted to harmonize the
requirements of Subchapter A with the Commonwealth Attorneys Act (71 P. S. §
§
732-101-732-506) and other statutes establishing the independence of certain
agencies from the General Counsel and the fiscal independence of certain
executive branch agencies from the Governor.
(b)
Definitions. As used in
this section, an independent agency is defined as follows:
(1) For purposes of providing legal
representation to a Commonwealth official or employe, or advancing or paying
legal fees incurred in his defense, an independent agency is defined as
provided by section 102 of the Commonwealth Attorneys Act (71 P. S. §
732-102) and is further defined to include
the Public Utility Commission and other agencies specified by law as
independent agencies under the Commonwealth Attorneys Act.
(2) For purposes of providing reimbursement
of expenses, other than attorneys' fees, or indemnification to a Commonwealth
official or employe in connection with a criminal or civil action involving the
official or employe in his personal capacity, an independent agency is defined
as an agency for which the Governor has no power or authority under law to
appoint a comptroller.
(c)
Legal representation. In
cases when an official or employe of an independent agency, as defined by
subsection (b)(1), is the subject of a criminal or civil proceeding in his
personal capacity arising out of the performance of his public duties, the
General Counsel designates the chief counsel of the agency, or a designee, to
determine under Subchapter A whether the Commonwealth must or should provide
legal representation to the official or employe or pay, advance or reimburse
legal fees incurred by him.
(d)
Reimbursement and indemnification.
(1) In cases when an official or employe of
an independent agency, as defined by subsection (b)(2), is the subject of a
criminal or civil proceeding in his personal capacity arising out of the
performance of his public duties, the General Counsel designates the chief
counsel of the agency, or a designee, to determine under Subchapter A whether
the Agency must or should reimburse or indemnify the official or employe for
his expenses or otherwise make payment in satisfaction of his personal
liabilities or obligations.
(2) In
those cases described in paragraph (1), the General Counsel does not designate
the chief counsel of the agency to determine whether the Department of General
Services, Bureau of Risk and Insurance Management (BRIM), will make payments on
behalf of the official, employe or agency from any insurance or self-insurance
program which it maintains. Determinations affecting the obligation of BRIM to
make payments on behalf of an official, employe or agency, including the Office
of Attorney General, the Department of Auditor General and the Treasury
Department, will be made by the General Counsel or a designee.
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