Section 732-402 - Powers and duties of counselThe 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 . (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." (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.1980, Oct. 15, P.L. 950, No. 164, § 402, effective 1/20/1981.