Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 7348 (November 26, 2022).

4 Pa. Code § 7.153. Gifts and favors.

§ 7.153. Gifts and favors.

 (a)  No employee, appointee or official in the Executive Branch of the Commonwealth may solicit or accept for the personal use of the employee or another, a gift, gratuity, favor, entertainment, hospitality, loan or any other thing of monetary value, including in-kind gifts, from a person who:

   (1)  Is seeking to obtain business from or has financial relations with the Commonwealth.

   (2)  Conducts operations or activities that are regulated by the Commonwealth.

   (3)  Is engaged, either as principal or attorney, in proceedings before the Commonwealth or in court proceedings in which the Commonwealth is an adverse party.

   (4)  Has interests that may be substantially affected by the performance or nonperformance of the official duty of the employee.

 (b)  The only exceptions are limited to the following instances:

   (1)  The solicitation or acceptance of something of monetary value from a friend, parent, spouse, child or other close relative under circumstances which make it clear that the gift is motivated by a family relationship or personal friendship rather than the position of the employee. Relevant factors in making a determination include the history of the relationship (for example, does the friendship predate employment by the Commonwealth) and whether the family member or friend pays for the gift.

   (2)  The acceptance of loans from banks or other financial institutions on customary terms of finance for proper and usual activities, such as home mortgage loans.

   (3)  Participation in widely attended gatherings free of charge is permissible when officials have been invited and are acting in furtherance of their official duties. But no food or drink can be accepted without payment at market value.

Source

   The provisions of this §  7.153 amended by Executive Order No. 2015-01, dated January 20, 2015, 45 Pa.B. 655. Immediately preceding text appears at serial pages (333870) and (321477).

Cross References

   This section cited in 4 Pa. Code §  7.159 (relating to enforcement).



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