Learn About The Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2025 | Updated by Findlaw Staff
The chief counsel:
(1) Shall furnish legal advice prior to the initiation of any action to the independent agency concerning any legal matter or issue arising in connection with the exercise of the official powers or performance of the official duties of the agency.
(2) May request the assistance of the General Counsel or the Attorney General, or both of them, in any matter or action involving the agency. If advice is requested from the Attorney General, such advice when received shall be followed by the agency, and, when followed, the agency shall not in any way be liable for doing so, upon an official bond or otherwise.
(3) Upon the instructions of the independent agency:
(i) initiate appropriate proceedings or defend the agency when an action or matter has been referred to the Attorney General and the Attorney General refuses or fails to initiate appropriate proceedings or defend the agency: Provided, however, That the chief counsel shall not agree to the entry of a consent decree in any action without the approval of the Governor and the Attorney General and notice to the General Assembly through the Secretary of the Senate and the Chief Clerk of the House of Representatives; and
(ii) represent the agency if the Attorney General has initiated litigation against it.
(4) Upon the instructions of the independent agency, appeal any decisions adverse to it rendered by the Attorney General under subsection (f) of section 204. 1
(5) Review and approve for form and legality all proposed rules and regulations of the agency before they are deposited with the Legislative Reference Bureau as required by section 207 of the act of July 31, 1968 (P.L. 769, No. 240), known as the “Commonwealth Documents Law.” 2
(6) Review for form and legality all Commonwealth deeds, leases and contracts to be executed by the agency. The chief counsel may prepare uniform instrument forms and preapprove all such documents which are prepared in accordance with such forms and applicable instructions.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 71 P.S. State Government § 732-402. Powers and duties of counsel - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-71-ps-state-government/pa-st-sect-71-732-402/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)