Investigations
Any standing
committee, subcommittee or select committee, upon resolution introduced and
approved by majority vote of the House, may be authorized and empowered to
conduct hearings at any place in the Commonwealth to investigate any matter
provided for in such resolution. When authorized by such a resolution, such
committee shall be empowered to issue subpoenas under the hand and seal of the
chair thereof commanding any person to appear before it and answer questions
touching matters properly being inquired into by the committee and produce such
books, papers, records, accounts, reports, and documents as the committee deems
necessary. Such subpoenas may be served upon any person and shall have the
force and effect of subpoenas issued out of the courts of this Commonwealth.
Where any person willfully neglects or refuses to comply with any subpoena
issued by the committee or refuses to testify before the committee on any
matter regarding which the person may be lawfully interrogated, it shall be the
duty of the committee to report such disobedience or refusal to the House of
Representatives, and such person shall be subject to the penalties provided by
the laws of the Commonwealth in such cases. All such subpoenaed books, papers,
records, accounts, reports, and documents shall be returned to the person from
whom such material was subpoenaed when the committee has completed its
examination of such material, but in no event later than the date on which the
committee completes its investigation. Such material, or any information
derived therefrom not a part of public sessions of the committee, shall not be
turned over to any person or authority without the consent of the person from
whom such material was subpoenaed. Each member of the committee shall have
power to administer oaths and affirmations to witnesses appearing before the
committee. The Sergeant-at-Arms of the Legislature or other person designated
by the committee shall serve any subpoenas issued by the committee, when
directed to do so by the committee. The subpoena shall be addressed to the
witness, state that such proceeding is before a committee of the House at which
the witness is required to attend and testify at a time and place certain and
be signed by the chair of the committee commanding attendance of such witness.
Mileage and witness fees shall be paid to such witness in an amount prescribed
by law.
The chair of the
investigative hearing shall call the committee to order and announce in an
opening statement the subject or purposes of the investigation.
A copy of this rule
shall be made available to the witnesses at least three calendar days prior to
his or her scheduled testimony. Witnesses at investigative hearings, may be
accompanied by their own counsel for the purpose of advising them concerning
their constitutional rights. The chair, for breaches of order or decorum or of
professional ethics on the part of counsel, may exclude counsel from the
hearing. Counsel may interpose legal objection to any and all questions which
in the opinion of counsel may violate the civil or constitutional rights of his
or her clients.
If the committee
determines that evidence or testimony at an investigative hearing may tend to
defame, degrade or incriminate any person, it shall:
(1) receive such
evidence or testimony in executive session;
(2) afford such
person an opportunity voluntarily to appear as a witness; and
(3) receive and
dispose of requests from such person to subpoena additional witnesses.
No evidence or
testimony taken in executive session may be released to any person or authority
or used in public sessions without the consent of the committee.
Proceedings of all
public hearings shall be either stenographically or electronically recorded.
The committee shall determine which parts of such recorded proceedings, if any,
shall be transcribed and four copies thereof shall be distributed and
additional copies made available as provided in Rule 50. Such stenographic or
electronic records shall be preserved by the Chief Clerk until directed to
dispose of same by an affirmative vote of three-quarters of the entire
membership of the Rules Committee and shall be made available to any member
upon written request for the purpose of transcription at that member's expense.
Any transcribed records and any reports of the committee shall be filed with
the Chief Clerk or a designee and shall be made available to any person in
accordance with reasonable rules and regulations prescribed by the Chief Clerk.
Upon payment of a
reasonable cost to be determined by the Chief Clerk, a person may obtain a copy
of the transcript of any testimony given at a public session or, if given at an
executive session when authorized by the committee. All standing committees,
subcommittees, special committees or commissions which are authorized to hold
public hearings and investigations shall file a final report before being
discharged of delegated responsibilities.
