51 Pa. Code § 19.3 - Late or deficient filings
(a) If an audit
or inspection determines that a required filing is deficient or that a required
filing has not been made, the Commission will provide written notice to the
individual required to file, detailing the deficiency and the penalties for
deficient filing or failure to file.
(b) If a complaint is received alleging that
a required filing is deficient or has not been made, the Commission may elect
to proceed in the matter under this section rather than through the
investigative procedures of Chapter 21 (relating to investigations).
(1) Upon election, the complainant will be
notified of the decision as well as the final resolution of the
matter.
(2) In determining whether
to proceed under this section, the Commission may consider whether:
(i) The deficient filing or failure to file
was intentional.
(ii) The filer had
prior notice of the requirements of the act.
(iii) The filer has in the past complied with
the act.
(c)
The individual notified in accordance with subsection (a) has 20 days from the
mailing date of the notice to correct deficiencies or to file a Statement of
Financial Interests. If the individual fails to file or to correct his
Statement within that time, the Commission will review the matter to determine
whether a civil penalty is appropriate under the act.
(d) If the Commission determines that a
penalty is appropriate, it will issue a rule to show cause, notifying the
individual of his deficiency under the act and of the grounds for the rule and
of his opportunity to respond in writing to the rule. If cause is not shown,
the rule and penalty therein become absolute.
(e) The Commission may assess a penalty of
not more than $25 per day for the time a Statement of Financial Interests
remains delinquent or deficient, up to a maximum of $250 total.
(f) The penalty in subsection (d) is in
addition to other penalties provided by law and the filing of a Statement of
Financial Interests in accordance with subsection (a) does not otherwise
vitiate the failure to comply with the act.
Notes
This section cited in 51 Pa. Code § 21.1 (relating to complaints).
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.