Section 39.5. Independent constitutional offices

(a) With respect to officials and employes of the Office of Attorney General, the Department of Auditor General and the Treasury Department, the responsibilities assigned by this subchapter to the General Counsel shall be performed respectively for each agency by a designee of the Attorney General, the Auditor General and the State Treasurer, except as provided by subsection (b).

(b) Determinations of eligibility under § 39.3 (relating to civil cases involving intentional or malicious conduct) affecting payments by or obligations of insurance or self-insurance plans or programs maintained by the Department of General Services shall be made independently by the General Counsel or a designee under this subchapter and applicable regulations, statements of policy and management directives.

The provisions of this § 39.5 adopted November 11, 1994, effective November 12, 1994, 24 Pa.B. 5655.