1518.2 - Additional authority.

     § 1518.2.  Additional authority.        (a)  General rule.--The director of the Office of Enforcement     Counsel within the bureau may petition a court of record having     jurisdiction over information in the possession of an agency in     this Commonwealth or, if there is no such court, then the     Commonwealth Court for authorization to review or obtain     information in the possession of an agency in this Commonwealth     by averring specific facts demonstrating that the agency has in     its possession information material to a pending investigation     or inquiry being conducted by the bureau pursuant to this part     and that disclosure or release is in the best interest of the     Commonwealth. The petition shall request that the court enter a     rule upon the agency to show cause why the agency should not be     directed to disclose to the bureau, or identified agents     thereof, information in its possession about any pending matter     under the jurisdiction of the bureau pursuant to this part. If a     respondent is a local agency, a copy of any rule issued pursuant     to this section shall be provided to the district attorney of     the county in which the local agency is located and the Office     of Attorney General. Upon request of a local agency, the     district attorney or the Attorney General may elect to enter an     appearance to represent the local agency in the proceedings.        (b)  Procedure.--The filing of a petition pursuant to this     section and related proceedings shall be in accordance with     court rule, including issuance as of course. A party to the     proceeding shall not disclose the filing of a petition or answer     or the receipt, content or disposition of a rule or order issued     pursuant to this section without leave of court. Any party to     the proceedings may request that the record be sealed and     proceedings be closed. The court shall grant the request if it     is in the best interest of any person or the Commonwealth to do     so.        (c)  Court determination.--Following review of the record,     the court shall grant the relief sought by the director of the     Office of Enforcement Counsel if the court determines that the     agency has in its possession information material to the     investigation or inquiry and that disclosure or release of the     information is in the best interest of the Commonwealth, that     the disclosure or release of the information is not otherwise     prohibited by statute or regulation and that the disclosure or     release of the information would not inhibit an agency in the     performance of the agency's duties. If the court so determines,     the court shall enter an order authorizing and directing the     information be made available for review in camera.        (d)  Release of materials or information.--If, after an in     camera review by the court, the director of the Office of     Enforcement Counsel seeks to obtain copies of materials in the     agency's possession, the court may, if not otherwise prohibited     by statute or regulation, enter an order that the requested     materials be provided. Any order authorizing the release of     materials or other information shall contain direction regarding     the safekeeping and use of the materials or other information     sufficient to satisfy the court that the materials or     information will be sufficiently safeguarded. In making this     determination the court shall consider the input of the agency     in possession of the information and any input from any agency     with which the information originated concerning any pending     investigation or ongoing matter and the safety of person and     property.        (e)  Modification of order.--If subsequent investigation or     inquiry by the bureau warrants modification of any order entered     pursuant to this section, the director of the Office of     Enforcement Counsel may petition to request the modification.     Upon such request, the court may modify its orders at any time     and in any manner it deems necessary and appropriate. The agency     named in the original petition shall be given notice and an     opportunity to be heard.        (f)  Use of information or materials.--Any person who, by any     means authorized by this section, has obtained knowledge of     information or materials solely pursuant to this section may use     such information or materials in a manner consistent with any     directions imposed by the court and appropriate to the proper     performance of the person's official duties under this part.        (g)  Violation.--In addition to any remedies and penalties     provided in this part, any violation of the provisions of this     section may be punished as contempt of the court.        (h)  Definition.--As used in this section the term "agency"     shall mean a "Commonwealth agency" or a "local agency" as those     terms are defined in section 102 of the act of February 14, 2008     (P.L.6, No.3), known as the Right-to-Know Law.     (Jan. 7, 2010, P.L.1, No.1, eff. imd.)        2010 Amendment.  Act 1 added section 1518.2.