§ 93A15.1. Determination that defense of a regulation, statute
or constitutional provision is warranted.
(a) Notification of panel.--If the special investigative
counsel, upon completion of a preliminary investigation under
this chapter, determines that there are no reasonable grounds to
believe that a pending judicial proceeding challenges the
constitutionality, legality, validity or enforceability of all
or part of a regulation or statute or provision of the
Constitution of Pennsylvania and the Attorney General and the
executive branch of government will not defend the regulation,
statute or constitutional provision, the special investigative
counsel shall promptly notify the panel, and the panel shall
have no power to appoint an independent counsel with respect to
the matters involved. The notification shall contain a summary
of the information received and a summary of the results of the
preliminary investigation. The summary shall be confidential and
not subject to public disclosure.
(b) Application for appointment.--The special investigative
counsel shall apply to the panel for the appointment of an
independent counsel if either of the following apply:
(1) The special investigative counsel, upon completion
of a preliminary investigation under this chapter, determines
that there are reasonable grounds to believe a pending
judicial proceeding challenges the constitutionality,
legality, validity or enforceability of all or part of a
regulation or statute or provision of the Constitution of
Pennsylvania and the Attorney General or an executive agency
or an independent agency will not defend the regulation,
statute or constitutional provision in the proceeding.
(2) The 90-day period referred to under section 93A13(a)
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