Section 401.17. Exercise of subpoena power

(a) If the Committee or its authorized representative is denied access to records which it has a duty to acquire and which it has attempted to obtain under § 401.12(a) (relating to access rights of the Committee), the Committee, upon approval of a majority of its membership, may issue a subpoena under the hand and seal of its Chairperson under section 3(5) of the act (46 P. S. § 70.3(5)). A person who willfully neglects or refuses to comply with a subpoena issued on behalf of the Committee shall be subject to the penalties provided by statute.

(b) If the Committee or its authorized representative is denied access to records which it has a duty to acquire and which it has attempted to obtain under § 401.12(b), the Committee, with the concurrent resolution of both Houses, has the authority to issue subpoenas to compel the production of records under authority of section 12 of the Sunset Act (71 P. S. § 1795.12). A person who willfully neglects or refuses to comply with a subpoena issued on behalf of the Committee in pursuit of its duties under the Sunset Act (71 P. S. § § 1795.1—1795.14) is subject to the penalties provided by statute.

The provisions of this § 401.17 adopted January 3, 1986, effective January 4, 1986, 16 Pa.B. 6; amended August 10, 1990, effective August 11, 1990, 20 Pa.B. 4299. Immediately preceding text appears at serial page (103909).