Section 399.45 - Powers and duties of Small Business Advocate(a) Representing interests of small business consumers.--In addition to any other authority conferred upon him by this act, the Small Business Advocate is authorized, and it shall be his duty in carrying out his responsibilities under this act, to represent the interest of small business consumers as a party, or otherwise participate for the purpose of representing an interest of small business consumers before the commission in any matter properly before the commission, and before any court, or agency, initiating proceedings if in his judgment such may be necessary, in connection with any matter involving regulation by the commission or the corresponding regulatory agency of the United States, whether on appeal or otherwise initiated.(b) Monitoring and participating in proceedings.--The Small Business Advocate may monitor all cases before corresponding regulatory agencies of the United States, including the Federal Communications Commission and the Federal Energy Regulatory Commission, which impact upon the interests of Pennsylvania small business consumers, and may formally participate in those proceedings which in his judgment warrant such participation.(c) Exercise of discretion.--The Small Business Advocate may exercise discretion in determining the interests which will be advocated in any particular proceeding and in determining whether or not to participate in or initiate any particular proceeding and, in so determining, shall consider the public interest, the resources available and the substantiality of the effect of the proceeding on the interest of small business consumers. The Small Business Advocate may refrain from intervening when, in the judgment of the Small Business Advocate, such is not necessary to represent adequately the interest of small business consumers.(d) Action upon petition.--In addition to any other authority conferred upon him by this act, the Small Business Advocate is authorized to represent an interest of small business consumers which is presented to him for his consideration upon petition in writing by a substantial number of small business consumers. The Small Business Advocate shall notify the principal sponsors of any such petition of the action taken or intended to be taken by him with respect to the interest of consumers presented in such petition. If the Small Business Advocate declines or is unable to represent such interest, he shall notify such sponsors and shall state his reasons.(e) Name in which action is brought.--Any action brought by the Small Business Advocate before a court or any agency of this Commonwealth shall be brought in the name of the Small Business Advocate. The Small Business Advocate may name a small business consumer or group of small business consumers in whose name the action may be brought or may join consumers in bringing such action.(f) Issuance of written statement.--At such time as the Small Business Advocate determines, in accordance with applicable time limitations, to initiate, intervene or otherwise participate in any commission, agency or court proceeding, he shall issue publicly a written statement, a copy of which he shall file in the proceeding in addition to any required entry of his appearance, stating concisely the specific interest of small business consumers to be protected.1988, Dec. 21, P.L. 1871, No. 181, § 5, imd. effective.