Section 732-301 - General CounselThere is hereby established the Office of General Counsel which shall be headed by a General Counsel appointed by the Governor to serve at his pleasure who shall be the legal advisor to the Governor and who shall:
(1) Appoint deputy general counsel, and appoint for the operation of each executive agency such chief counsel and assistant counsel as are necessary for the operation of each executive agency.(2) Supervise, coordinate and administer the legal services provided by the deputy general counsel, and the chief counsel and assistant counsel for each executive agency.(3) Render such legal advice, and such representation prior to initiation of any action, as are required concerning every matter and issue arising in connection with the exercise of the official powers and duties, and performance thereof, in the operation of such executive agency and, upon request, each independent agency.(4) Upon request, assist and cooperate fully with the Attorney General and the counsel of each independent agency in the furtherance of the performance of their duties.(5) Until otherwise provided by law, serve as chief administrative officer of the following agencies which are hereby placed and made administrative agencies of the Office of General Counsel:(i) Repealed by 1984, Dec. 30, P.L. 1299, No. 245, § 7(a), imd. effective.(ii) The Juvenile Court Judges' Commission established under sections 905.1 and 905.2 of "The Administrative Code of 1929," and the act of December 21, 1959 (P.L.1962, No. 717), entitled "An act providing for the creation and operation of the Juvenile Court Judges' Commission in the Department of Justice; prescribing its powers and duties; and making an appropriation." (iii) The administrator and the office of Administrator for Arbitration Panels for Health Care established under section 301 of the act of October 15, 1975 (P.L. 390, No. 111) , known as the "Health Care Services Malpractice Act." (iv) The Crime Victim's Compensation Board established under sections 477.6, 477.7 and 477.12 of "The Administrative Code of 1929." (v) The Board of Commissioners on Uniform State Laws established under section 404 of "The Administrative Code of 1929." (vi) The State Health Facility Hearing Board established under sections 501, 502, 503, 504, 505, 506 and 507 of the act of July 19, 1979 (P.L. 130, No. 48) , known as the "Health Care Facilities Act." (6) Initiate appropriate proceedings or defend the Commonwealth or any executive 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 Commonwealth or executive agency.(7) Represent the Governor or the executive agency if the Attorney General has initiated litigation against him or it.(8) Upon the request of the Governor, appeal any decisions adverse to an executive agency rendered by the Attorney General under section 204(f) . (9) Issue such rules, guidelines, standards and regulations as are necessary to carry out the duties of the General Counsel provided for in this act.(10) Review and approve for form and legality all proposed rules and regulations of executive agencies 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." (11) Review for form and legality, all Commonwealth deeds, leases and contracts to be executed by executive agencies, and he may prepare uniform instrument forms and preapprove all such documents which are prepared in accordance with such forms and applicable instructions.(12) Not agree to the entry of a consent decree in any action against the Commonwealth or any executive agency without the approval of the Governor and the Attorney General and notice to the General Assembly through the offices of the Secretary of the Senate and Chief Clerk of the House of Representatives.1980, Oct. 15, P.L. 950, No. 164, § 301, effective 1/20/1981. As affected 1984, Dec. 30, P.L. 1299, No. 245, § 7(a), imd. effective.