1202.1 - Code of conduct.

     § 1202.1.  Code of conduct.        (a)  Scope.--The board shall adopt a comprehensive code of     conduct prior to the consideration of any license, permit or     registration application. The code of conduct shall supplement     all other requirements under this part and 65 Pa.C.S. Pt. II     (relating to accountability) and shall provide guidelines     applicable to members, employees of the board, independent     contractors and the immediate family of the members, employees     and independent contractors to enable them to avoid any     perceived or actual conflict of interest and to promote public     confidence in the integrity and impartiality of the board. At a     minimum, the code of conduct adopted under this section shall     include registration of licensed entity representatives under     subsection (b) and the restrictions under subsections (c) and     (c.1).        (b)  Registration.--            (1)  A licensed entity representative shall register with        the board in a manner prescribed by the board, which shall        include the name, employer or firm, business address and        business telephone number of both the licensed entity        representative and any licensed entity, applicant for        licensure or other person being represented.            (2)  A licensed entity representative shall have an        affirmative duty to update its registration information on an        ongoing basis, and failure to do so shall be punishable by        the board.            (3)  The board shall maintain a registration list which        shall contain the information required under paragraph (1)        and which shall be available for public inspection at the        offices of the board and on the board's Internet website.        (c)  Restrictions.--In addition to the other prohibitions     contained in this part, a member shall:            (1)  (Reserved).            (2)  Not accept any discount, gift, gratuity,        compensation, travel, lodging or other thing of value,        directly or indirectly, from any applicant, licensed entity,        affiliate, subsidiary or intermediary of an applicant or a        licensed entity, permittee, registrant or licensed entity        representative.            (3)  Disclose and recuse himself from any hearing or        other proceeding in which the member's objectivity,        impartiality, integrity or independence of judgment may be        reasonably questioned due to the member's relationship or        association with a party connected to any hearing or        proceeding or a person appearing before the board.            (4)  Refrain from any financial or business dealing which        would tend to reflect adversely on the member's objectivity,        impartiality or independence of judgment.            (5)  Not hold or campaign for public office, hold an        office in any political party or political committee, as        defined in section 1513(d) (relating to political influence),        contribute to or solicit contributions to a political        campaign, political party, political committee or candidate,        publicly endorse a candidate or actively participate in a        political campaign.            (6)  Not solicit funds for any charitable, educational,        religious, health, fraternal, civic or other nonprofit entity        from any applicant, licensed entity, party, permittee,        registrant or licensed entity representative, or from any        affiliate, subsidiary, intermediary or holding company of any        applicant, licensed entity, party or licensed entity        representative. Subject to the provisions of section        1201(h)(4.1) (relating to Pennsylvania Gaming Control Board        established), a member may serve as an officer, employee or        member of the governing body of a nonprofit entity and may        attend, make personal contributions to and plan or preside        over the entity's fundraising events. A member may permit his        name to appear on the letterhead used for fundraising events        if the letterhead contains only the member's name and        position with the nonprofit entity.            (7)  Not meet or engage in discussions with any        applicant, licensed entity, permittee, registrant, licensed        entity representative, person who provides goods, property or        services to a slot machine licensee or any other person or        entity under the jurisdiction of the board unless the meeting        or discussion occurs on the business premises of the board        and is recorded in a log. The log shall be available for        public inspection during the regular business hours of the        board and shall be posted on the board's Internet website.        The log shall include the date and time of the meeting or        discussion, the names of the participants and the subject        discussed. The provisions of this paragraph shall not apply        to meetings to consider matters requiring the physical        inspection of the equipment or premises of an applicant or a        licensed entity provided the meeting is entered in the log.            (8)  Avoid impropriety and the appearance of impropriety        at all times and observe standards and conduct that promote        public confidence in the oversight of gaming.            (9)  Comply with any other laws, rules or regulations        relating to the conduct of a member.        (c.1)  Ex parte communications.--            (1)  No member or hearing officer of the board shall        engage in any ex parte communication with any person. No        attorney of the Office of Chief Counsel advising the board on        a particular licensing issue or proceeding shall engage in        any ex parte communication with any person.            (2)  No attorney representing the bureau or the Office of        Enforcement Counsel or an applicant, licensee or permittee in        any proceeding shall engage in an ex parte communication with        a member, an attorney of the Office of Chief Counsel who is        advising the board on a proceeding or a hearing officer of        the board.            (3)  No employee of the bureau or the Office of        Enforcement Counsel shall engage in an ex parte communication        with a member, an attorney of the Office of Chief Counsel who        is advising the board on a proceeding or a hearing officer of        the board.        (c.2)  Procedures relating to ex parte communications.--            (1)  An ex parte communication received or engaged in by        a member or hearing officer shall be recorded in a log. The        log shall be available for public inspection during the        regular business hours of the board and shall be posted on        the board's Internet website. The log shall include:                (i)  The name of the individual documenting the ex            parte communication.                (ii)  The date and time of the ex parte            communication.                (iii)  The names of all individuals involved in the            ex parte communication.                (iv)  The subject discussed.            (2)  In addition to documenting an ex parte communication        under paragraph (1), notification of the substance of the        communication and an opportunity to respond shall be provided        to all parties to a hearing or other proceeding directly        affected by the anticipated vote or action of the hearing        officer or board related to the ex parte communication.            (3)  (i)  A member or hearing officer who engaged in or            received an ex parte communication shall recuse himself            from any hearing or other proceeding related to the ex            parte communication if the context and substance of the            ex parte communication creates substantial reasonable            doubt as to the individual's ability to act objectively,            independently or impartially.                (ii)  A member or hearing officer who engaged in or            received an ex parte communication who elects not to            recuse himself from a hearing or other proceeding shall            state his reasons for not recusing himself on the record            prior to the commencement of the hearing or proceeding.                (iii)  If a legislative appointee recuses himself            from any hearing or other proceeding under this section,            any qualified majority vote required under this part            shall consist of all of the remaining legislative            appointees and at least two gubernatorial appointees.                (iv)  Failure of a hearing officer who engaged in or            received an ex parte communication to recuse himself from            a hearing or other proceeding when required under            subparagraph (i) shall be grounds for appeal to the            board.                (v)  Failure of a member who engaged in or received            an ex parte communication to recuse himself from a            hearing or other proceeding when required under            subparagraph (i) shall be grounds for appeal to a court            of competent jurisdiction if the board action being            appealed could not have occurred without the            participation of the member.            (4)  This subsection shall not preclude a member from        consulting with other members individually if the        consultation complies with 65 Pa.C.S. Ch. 7 (relating to open        meetings) or with employees or independent contractors whose        functions are to assist the board in carrying out its        adjudicative functions.        (d)  Ex officio members.--The restrictions under subsection     (c)(5) shall not apply to ex officio members.        (e)  Definitions.--As used in this section, the following     words and phrases shall have the meanings given to them in this     subsection:        "Ex parte communication."  An off-the-record communication     engaged in or received by a member or hearing officer of the     board regarding the merits of or any fact in issue relating to a     pending matter before the board or hearing officer or which may     reasonably be expected to come before the board or hearing     officer in a contested on-the-record proceeding. The term shall     not include off-the-record communications by or between a member     or hearing officer of the board, department, Pennsylvania State     Police, Attorney General or other law enforcement official prior     to the beginning of the proceeding solely for the purpose of     seeking clarification or correction to evidentiary materials     intended for use in the proceedings. The term shall also not     include communications between the board or a member and the     office of chief counsel.        "Licensed entity representative." (Deleted by amendment).     (Nov. 1, 2006, P.L.1243, No.135, eff. imd.; Jan. 7, 2010, P.L.1,     No.1, eff. imd.)        Cross References.  Section 1202.1 is referred to in sections     1201, 1512, 1512.1, 1516.1 of this title.