Conflict of Interest in Mining and Oil and Gas Regulation

Act 175 of 1929, § 1928-A, under THE ADMINISTRATIVE CODE OF 1929.

Act 175 of 1929, § 1928-A

Section 1928-A. Conflict of Interest in Mining and Oil and Gas Regulation.--(a) No employe of the Department of Environmental Resources performing any function or duty within the scope of activities covered by the Surface Mining Control and Reclamation Act of 1977, Public Law 95-87 (95th Congress) shall have a direct or indirect financial interest in any underground or surface coal mining operation as defined by this act. Whoever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than two thousand five hundred dollars ($2,500) or by imprisonment of not more than one (1) year, or both. Rules and regulations shall be promulgated hereunder to establish methods by which the provisions of this subsection will be monitored and enforced by the Department of Environmental Resources, including but not limited to appropriate provisions for the filing by such employes and the review of statements and supplements thereto concerning any financial interest which may be affected by this subsection.

(b) No employe of the Department of Environmental Resources performing the function or duty of an oil or gas inspector shall act as a manager, employe or agent of any oil or gas drilling operation or of any mine or mining operation, nor shall he or she be interested in any pecuniary way in such operations in this Commonwealth. Whoever knowingly violates the provisions of this subsection shall, upon conviction, be punished by a fine of not more than two thousand five hundred dollars ($2,500) or by imprisonment of not more than one (1) year, or both. Rules and regulations shall be promulgated hereunder to establish methods by which the provisions of this subsection will be monitored and enforced by the Department of Environmental Resources, including but not limited to appropriate provisions for the filing by such employes and the review of statements and supplements thereto concerning any financial interest which may be affected by this subsection.

(1928-A amended May 7, 1982, P.L.383, No.111)

Compiler's Note: The Department of Environmental Resources, referred to in this section, was abolished by Act 18 of 1995. Its functions were transferred to the Department of Conservation and Natural Resources and the Department of Environmental Protection.