HomeMy WebLinkAbout136-SL PRA Services, Inc.PHONE: 717 -783 -1690 STATE ETHICS COMMISSION
TOLL FREE: 1- 800 - 932 -0936 FINANCE BUILDING
613 NORTH STREET, ROOM 309
HARRISBURG, PA 17120.0400
In Re: PRA Services, Inc., File Docket: 18 -009 -L
Respondent X -ref: Order No. 136 -SL
Date Decided: 10/24/18
Date Mailed: 11/14/18
Before: Nicholas A. Colafella, Chair
Mark R. Corrigan, Vice Chair
Roger Nick
Melanie DePalma
Monique Myatt Galloway
Michael A. Schwartz
Shelley Y. Simms
FACSIMILE: 717- 787 -0806
WEBSITE: www.ethics.aa.aov
This is a final adjudication of the State Ethics Commission as to the alleged
delinquency and/or deficiency of expense report s) required to be filed pursuant to
Pennsylvania's lobbying disclosure law, 65 Pa.C.S. 13A01 et se g., hereinafter referred to
as the "Lobbying Disclosure Law."
The Investigative Division initiated these proceedings by filing with the State Ethics
Commission and serving upon Respondent PRA Services, Inc. (hereinafter also referred to
as "Respondent ") a Notice of Alleged Noncompliance. The Respondent did not file an
Answer, Appeal, or other Request for Hearing. The record is complete. The Findings in
this Order are derived from the Notice of Alleged Noncompliance filed by the Investigative
Division.
Effective January 1, 2017, the Pennsylvania Department of State ( "Department
of State ")) increased the thresholds under 65 Pa.C.S. § 13A06 for registration under
65 Pa.C.S.§ 13A04 and the threshold for reporting under 65 Pa.C.S. § 13A05(d) from
$2,500.00 to $3,000.00.
In 2018 the Lobbying Disclosure Law was amended by Act 2 of 2018, and as of
April 16, 2018, the Department of State will not accept paper registrations or expense
reports.
ALLEGED NONCOMPLIANCE:
That Respondent, in its capacity as a principal registered with the Department of
State pursuant to the Lobbying Disclosure Law (65 Pa.C.S. § 13A04), negligently
failed to timely file a quarterly expense report pursuant to 65 Pa.C.S. § 13A05 for
the first (15i) quarter of 2018.
Il. FINDINGS:
Respondent is PRA Services, Inc. ( "Respondent ") and is a registered principal as
that term is defined by the Lobbying Disclosure Law, Act 134 of 2006, 65 Pa.C.S. §
13A01 et seq.
a. Respondent initially registered as a principal with the Department of State on
January 10, 2007, for the registration period January 1, 2007, through
December 31, 2008.
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b. Respondent's registration statement indicates that lobbying commenced on
January 5, 2007.
2. Respondent filed a principal registration statement with the Department of State for
the registration period January 1, 2017, through December 31, 2018.
a. By registering with the Department of State, Respondent consented to
receive service of notices, other official mailings, or process at the address
listed on the registration statement.
b. Respondent was assigned the principal registration number 701226."
C. In filing its principal registration, Respondent identified its registered mailing
address as:
224 Pine Street
Harrisburg, PA 17101
3. The Lobbying Disclosure Law, specifically 65 Pa. C.S. § 13A04, states the following
regarding the registration of an entity as a principal:
§ 13A04. Registration
a. General rule. -- Unless excluded under section 13A06
(relating to exemption from registration and reporting), a
lobbyist, lobbying firm or a principal must register with
the department electronically using the computerized
filing system developed by the department that is
consistent with the purposes of this chapter within ten
days of acting in any capacity as a lobbyist, lobbying
firm or principal. Registration shall be biennial and shall
begin January 1, 2007.
b. Principals and lobbying firms.- -
1. A principal or lobbying irm required to register
under subsection (a) shall file a single
Nistration statement setting forth the following
information with the department:
i. Name of the business.
ii. Permanent address.
iii. Daytime telephone number.
iv. E -mail address of the authorized
representative employee or agent, if
available.
V. Nature of business.
vi. Name, registration number and acronym
of any affiliated political action
committees.
vii. Name and permanent business address
of each individual who will for economic
consideration engage in lobbying on
behalf of the principal or lobbying firm.
viii. Registration number when available.
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ix. Name of the authorized representative,
employee or agent.
d. Amendments. --
1. If there is a change of information required for
the registration statement under subsection
(b) 1) or (2) or (c), an amended registration
statement shall be filed with the department
electronically using the computerized filing
system developed by the department that is
consistent with the purpose of this chapter within
14 days after the change occurs.
2. When there is a change in information required
for the registration statement under subsection
(b)(3), an amended registration statement shall
be filed with the department electronically using
the computerized filing system developed by the
department that is consistent with the purpose of
this chapter within 14 days of the end of the year
in which the change occurs.
65 Pa.C.S. § 13A04(a), (b)(1), (d).
4. In addition to the Lobbying Disclosure Law, the duly promulgated Regulations
provide further information in relation to registration periods and reporting periods:
§ 51.3. Registration periods and reporting periods.
a. Registration under section 13A04 of the act (relating to
registration) shall be biennial. The first registration
eriod which commenced January 1, 2007, continues
hrough December 31, 2008. Subsequent registrations
shall commence on January 1 of each odd numbered
year.
51 Pa. Code § 51.3(a).
5. Section 13A05 of the Lobbying Disclosure Law sets forth, in part, the following
requirements for the contents of quarterly reporting forms filed by principals:
§ 13A05. Reporting
(a) General rule. -- A registered principal shall, subject to
the penalties under 18 Pa.C.S. 4904 (relating to
unsworn falsification to authorities), file quarterly
expense reports with the department electronically
using the computerized filing system developed by the
department that is consistent with the purpose of this
chapter no later than 30 days after the last day of the
quarter.
(b) Content. --
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(1) Each expense report must list the names and
registration numbers when available of all
lobbyists by whom lobbying is conducted on
behalf of the principal and the general subject
matter or issue being lobbied.
(2) Each expense report shall include the total costs
of all lobbying for the period. The total shall
include all office expenses, personnel expenses,
expenditures related to gifts, hospitality,
transportation and lodging to State officials or
employees, and any other lobbying costs. The
total amount reported under this paragraph shall
be allocated in its entirety among the following
categories:
(i) The costs for gifts, hospitality,
transportation and lodging given to or
provided to State officials or employees or
their immediate families.
(ii) The costs for direct communication.
(iii) The costs for indirect communication.
(iv) Expenses required to be reported under
this subsection shall be allocated to one
of the three categories listed under this
section and shall not be included in more
than one category.
65 Pa.C.S. § 13A05(a), (b)(1)-(2).
6. In addition to the Lobbying Disclosure Law, the duly promulgated Regulations
provide further instructions in relation to registration periods and reporting periods:
§ 51.3. Registration periods and reporting periods.
(b) Reporting under section 13A05 of the act (relating to
reporting shall be quarterly within each calendar year:
for January through March; April through June; July
through September; and October through December.
Quarterly expense reports shall be filed on or before the
30th day after the quarterly reporting period ends.
51 Pa. Code § 51.3(b).
7. [As a registered principal, Respondent is required to electronically file with the
Department of State either a quarterly expense report or a statement of failure to
meet the reporting threshold for each quarter it has been registered as a principal,
by no later than the 30th day after each qquarterly reporting period has ended. 65
Pa.C.S. § 13A05(a), (d); 51 Pa. Code § 55.1(d)].
8. Section 13A05 of the Lobbying Disclosure Law additionally sets forth the threshold
with regard to reporting expenditures:
PRA Services Inc., 18009 -L
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(d) Thresholds for reporting, An expense report
required under this section shall be filed electronically
using the computerized filing system developed by the
department that is consistent with the purpose of this
chapter when total expenses for lobbying exceed
[$3,000] for a registered. principal in a reporting period.
n are ortin I period �n which total expenses are
[$3,000 or less, a statement to that effect shall be filed
electronically using the computerized filing system
developed by the department that is consistent with the
purpose of this chapter.
65 Pa.C.S. § 13A05(d).
Section 13A03 of the Lobbying Disclosure Law defines the following terms:
"Lobbying." An effort to influence legislative action or
administrative action in this Commonwealth. The term
includes:
1 direct or indirect communication;
2 office expenses; and
3 providing any gift, hospitality, transportation or lodging
to a State official or employee for the purpose of
advancing the interest of the lobbyist or principal.
"Legislative action." An action taken by a State official or
employee involving the preparation, research, drafting,
introduction, consideration, modification, amendment,
approval, passage, enactment, tabling, postponement, defeat
or refection of:
1 legislation;
2 legislative motions;
3 a veto by the Governor; or
4 confirmation of appointments by the Governor or
appointments to public boards or commissions by a
member of the General Assembly.
"Legislation." Bills, resolutions, amendments and
nominations pending or proposed in either the Senate or the
House of Represent. The The term includes any other matter
which may become the subject of action by either chamber of
the General Assembly.
"Direct communication." An effort, whether written, oral or by
an other medium, made by a lobbyist or principal, directed to
a State official or employee, the purpose or foreseeable effect
of which is to influence legislative action or administrative
action. The term may include personnel expenses and office
expenses.
65 Pa.C.S. § 13A03.
10. [As a registered principal, Respondent is required to electronically file with the
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Department of State either a quarterly expense report or a statement of failure to
meet the reporting threshold for each quarter it has been registered as a principal,
by no later than the 30th day after each quarterly reporting period has ended. 65
Pa.C.S. § 13A05(a), (d); 51 Pa. Code § 55.1(d)].
a. Respondent filed a quarterly expense report for the fourth (4th) quarter of
2017 on January 22, 2018.
b. Resppondent did not file a first (1St) quarter 2018 expense report by April 30,
2019.
11. The Regulations promulgated under the Lobbying Disclosure Law specifically
provide the following in relation to a delinquent filing:
§ 51.4. Delinquency.
(a) A registration statement or report required to be filed
under section 13A04 or 13A05 of the act (relating to
registration; and reporting) is delinquent if not received
by the Department on the date due as follows:
(1) Hard copy filings must be received by 5 p.m. in
the office. For quarterly expense reports, from 5
p.m. until 12 a.m. midnight, a hard copy filing
may be filed with the Department's designee.
The filing location and the Department's
designee will be on the Department's web site.
Hard copy filings are no longer allowed
pursuant to Act 2018 -2 (H.B.1175), § 2,
approved February 14, 2018, eff. April
[15], 2018.
(2) Electronic filings may be filed until 12 a.m.
midnight.
(b) A failure to timely file a registration statement, a
quarterly expense report, a separate expense report, a
notice of termination or an amendment to one of these
filings constitutes a failure to register or report as
required by the act; delinquency continues until the filing
is received by the Department in proper form.
51 Pa. Code § 51.4(a) -(b).
12. [In relation] to the filing requirements of quarterly expense reports, the Regulations
read, in part:
§ 55.1. Quarterly expense reports.
(a) A quarterly expense report is required to be filed as set
forth in this section when the total lobbying expenses of
a registered principal, registered lobbying firm or
registered lobbyist lobbyin on the principal's behalf,
together, exceed [$3,DDOjq in a quarterly reporting
period. The threshold of [$3,000] includes any
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economic consideration paid by a principal to a lobbying
firm or lobbyist for lobbying. Individuals exempt under
section 13A06 of the act (relating to exemption from
registration and reporting) need not register or report.
(b) For a quarterly reporting period in which the total
lobbying expenses of a registered principal, registered
lobbying firm or registered lobbyist lobb rng on the
principal`s behalf, together, are [$3,00or less, a
statement to that effect shall be filed with the
Department by checking the appropriate block on the
quarterly expense report form.
(d) The principal shall file a quarterly expense report or
statement of failure to meet the reporting threshold on
or before the 30th day after the quarterly reporting
period ends.
(g) A quarterly expense report of a principal required to be
registered under the act must include at least the
following information:
(3) The total costs of all lobbying for the period. The
total must include all office expenses, personnel
expenses, expenditures related to gifts,
hospitality, transportation and lodging to State
officials or employees, and any other lobbying
costs.
(i) The total amount reported under this
paragraph shall be allocated in its entirety
among the following categories:
(A) The costs for gifts, hospitality,
transportation and Iodging given to
or provided to State officials or
employees or their immediate
families.
(B) The costs for direct communication.
(C) The costs for indirect
communication.
(ii) Registrants shall use a good faith effort to
allocate expenses required to be reported
under this subsection to one of the three
categories listed herein. A given expense
may not be included in more than one
category....
PRA Services Inc., 18 -009 -L
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51 Pa. Code § 55.1(a), (b), (d), (g)(3)(i) -(ii).
13. By Warning Notice letter dated June 22, 2018, Respondent was served with notice
in accordance with Section 13A09 of the Lobbying Disclosure Law and Section
63.4(1) of the Lobbying Disclosure Regulations of the specific allegations that
Respondent failed to file a quarterly expense report for the first (11it) quarter of 2018.
a. Said Warning Notice was mailed to:
PRA Services, Inc.
224 Pine Street
Harrisburg, PA 17101
b. This is the same address as listed on Respondent's principal registration
statement.
C. By submitting the principal registration statement, Respondent consented to
receipt of service of notices, other official mailings or process at the address
listed on the registration statement. See, Paragraph 2(a) a6ove).
14. Said Warning Notice letter set forth the nature of the alleged noncompliance and
the administrative and criminal penalties for failing to file.
15. Said Warning Notice letter provided Respondent an opportunity, to cure the alleged
noncompliance and avoid the institution of these proceedings as to alleged
noncompliance by filing a quarterly expense report for the time period covering the
first (1St) quarter of 2018 with the Department of State within thirty (30) days from
the mailing date of the Warning Notice letter.
16. The Chief of the Division of Campaign Finance and Lobbying Disclosure for the
Commonwealth of Pennsylvania — Department of State conducted a search of the
Department of State's records, and, as of July 27, 2018, no first (1 st) quarter 2018
expense report was found to have been filed with the Department of Slate for PRA
Services, Inc.
17. The Lobbying Disclosure Law provides for civil and criminal penalties for failing to
comply with the registration statement filing and quarterly expense reporting
requirements thereof. Specifically, the Lobbying Disclosure Law provides that:
a. Negligent failure to register or report as required by this
chapter is punishable by an administrative penalty not
exceeding the following:
i� For the first ten late days, $50 for each late (Jay.
ii) For each late day after the first ten late days through
the 20th late day $100 for each late day.
(iii) For each late day after the first 20 late days, $200 for
each late day.
65 Pa.C.S. § 13A09(c)(1).
b. The total amount of the administrative penalty that may be levied after
hearing. by a majority vote of all of the Commission Members shall not be
limited by any other provision of law. 65 Pa.C.S. § 13A09(c)(2).
G, Any person that fails to comply with the requirements of the Lobbying
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Disclosure Law, after notice of noncompliance and after a hearing if one is
requested, may be prohibited from lobbyin for economic consideration for
up to five (5) years [in accordance with 65 Pa.C.S. § 13A09(e)(4)]. 65
Pa.C.S. §§ 13A09(d), (e)(4).
d. A person that intentionally fails to register or report as required by the law
commits a misdemeanor of the second degree. 65 Pa.C.S. § 13AO9(e)(1).
e. A registrant who files a report under the law with knowledge that the report
contains a false statement or is incomplete commits a misdemeanor of the
second degree. 65 Pa.C.S. § 13A09(e)(2).
f. Except as set forth in paragraph (d) or (e) above, a person that intentionally
violates [the Lobbying Disclosure Law] commits a misdemeanor of the third
degree. In addition to any other penalties imposed under [the Lobbying
Disclosure Law], the court may impose a fine not to exceed $25,000 against
a principal who is found guilty under [Section 13A09(e)(3) of the Lobbying
Disclosure Law].
g. In addition to any criminal penalties imposed under [the Lobbying Disclosure
Law], the Commission may prohibit a person from lobbying for economic
consideration for up to five years for conduct which constitutes an offense
under [Section 13AO9(e) of the Lobbying Disclosure Law]. Criminal
prosecution or conviction is not required for imposition of [such prohibition].
The Commission shall not impose [[such prohibition] unless the person has
been afforded the opportunity for a hearing, which shall be conducted by the
Commission in accordance with sections 1107 14) and 1108(e) [of the Public
Official and Employee Ethics Act, 65 Pa.C.S. § 1107(14) and 1108(e)].
18. As of the date of the filing of the instant Notice of Alleged Noncompliance [July 30,
2018], Respondent's expense report was a total of 90 days delinquent.
a. Respondent's first (1st) quarter 2018 Expense Report was 90 days
delinquent [as of July 30, 20181 (May 1, 2018 - July 30, 2018).
1. The first quarter expense report period closed March 31, 2018.
See, 65 Pa.C.S. § 13AO3 Definitions- "Reporting period."
2. Expense reports were to be filed within thirt yy (30) dayys of March 31,
2018, that date being April 30, 2018, See, 65 Pa.C.S. § 13A05(a).
3. The first day on which Respondent's first (1 It) quarter 2018 Expense
Report was delinquent was May 1, 2018. j
19. [As of the date of the filing of the instant Notice of Alleged Noncompliance (July 30,
2018)], Respondent's first (1St) quarter 2018 Expense Report continued to be
delinquent, as it had not yet been filed with the Department of State.
20. The thirty -day deadline set forth in the said Warning Notice letter to Respondent
ex ired with Respondent failing to comply with the specific requirements of the
Lobbying Disclosure Law.
21. The Commission may impose a maximum administrative penalty of $50.00 per day
for the first ten late days, $100.00 for each late day after the first ten late days
through the 20th late day, and $200.00 for each late day after the first 20 late days
that Respondent's first (1 st) quarter 2018 Expense Report has remained delinquent,
PRA Services Inc., 18 -009 -L
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calculated from May 1, 2018, the first day the quarterly expense report was
delinquent, through the date Respondent files the outstanding quarterly expense
report with the Department of State [or this Commission decides this matter,
whichever occurs first]. 51 Pa. Code § 63.6(2).
22. [In addition to its authority to impose an administrative penalty for negligent failure to
register or report as required by the Lobbying Disclosure Law, 65 Pa.C.S. §
13A09(c), this Commission has authority to prohibit a respondent that has
intentionally violated the Lobbying Disclosure Law from lobbying for economic
consideration for up to five years, pursuant to 65 Pa.C.S. § 13A09(e)(4).
a. The procedures for imposing a prohibition against lobbying for economic
consideration are set forth at 51 Pa, Code Chapter 65.
b. The instant proceeding is limited to an alleged negligent failure to timely file a
quarterly expense report for the first quarter of 2018.]
23. There are no mitigating circumstances concerning Respondent's failure to file the
outstanding quarterly expense report.
III. DISCUSSION:
In the instant matter, the alleged noncompliance is that Respondent, as a principal
registered with the Pennsylvania Department of State ("Department of State ") pursuant to
the Lobbying Disclosure Law, negligent) failed to timely file a quarterly expense report
pursuant to 65 Pa.C.S. § 13A05 for the first quarter of 2018.
The relevant provisions of the Lobbying Disclosure Law are set forth in the Fact
Findings above. Certain relevant provisions of the Lobbying Disclosure Regulations, 51
Pa. Code § 51.1 et sec.., are also set forth in the Fact Findings. We shall now summarize
the relevant facts..
Respondent initially registered as a principal with the Department of State on
January 10, 2007, for the registration period January 1, 2007, through December 31, 2008.
Respondent's registration statement indicated that lobbying commenced on January 5,
2007.
Per the Department of State's website, on April 20, 2017, Respondent registered as
a principal with the Department of State for the registration period January 1, 20'17, through
December 31, 2098. Respondent was assigned the principal registration number
"P01226."
Pursuant to Section 13A05 of the Lobbying Disclosure Law, 65 Pa.C.S. § 13A05,
and Section 51.3 of the Lobbying Disclosure Regulations, 51 Pa. Code § 51.3, expense
reports are filed on a quarterly basis. When a registered principal's total expenses for
lobbying exceed $3,000 for a reporting period /quarter, the principal is required to file a
quarterly expense report with the Department of State by no later than 30 days after the
last day of such quarter. For a reporting period in which total expenses are $3,000 or less,
a statement to that effect must be filed with the Department of State by the pprincipal by
checking the appropriate block on the quarterly expense report form. 51 Pa. Code §
55.1(b). Thus, a registered principal must file either a quarterly expense report or a
statement of failure to meet the reporting threshold by no later than the 30th day after each
quarterly reporting period ends. 51 Pa. Code § 55.1(d).
Having registered on April 20, 2017, for the registration period January 1, 2017,
through December 31, 2018, Respondent was required to file either a quarterly expense
PRA Services Inc., 18 -009 -L
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report or a statement of failure to meet the reporting threshold for the first quarter of 2018.
Respondent failed to file either.
Failure to timely meet the aforesaid filing requirement constitutes a failure to report
as required by the Lobbying Disclosure Law, and the delinquency continues until the filing
is received by the Department of State in proper form. 51 Pa. Code § 51.4(b).
By Warning Notice letter dated June 22, 2018, Respondent was served with notice
of the alleged noncompliance in accordance with Section 63.4(1) of the Lobbying
Disclosure Regulations, 51 Pa. Code § 63.4(1). The Warning Notice letter provided
Respondent an opportunity to cure the alleged noncompliance and avoid the institution of
these proceedings by filing a quarterly expense report for the first quarter of 2018 with the
Department of Sate within thirty (30) days of the mailing date of the Warning Notice letter.
As of July 27, 2018, no first quarter 2018 expense report was found to have been filed with
the Department of State for Respondent.
Indeed, per the Department of State's website, Respondent still has not filed either a
quarterly expense report or a statement of failure to meet the reporting threshold for the
first quarter of 2018 as of the date of our decision in this matter October 24, 2018).
An application of Section 13A09(a), (c) of the Lobbying Disclosure Law to this case
establishes that this Commission has the discretion to impose a maximum administrative
penalty against Respondent for the aforesaid delinquency.
The prerequisite service of a warning notice in accordance with Section 63.4(1) of
the Lobbying Disclosure Regulations, 51 Pa. Code 63.4(1), was satisfied. Respondent
did not cure its noncompliance with the Lobbying Disclosure Law within the 30 -day cure
period. The Investigative Division then instituted formal proceedings against the
Respondent by filing with the State Ethics Commission and serving upon Respondent a
Notice of Alleged Noncompliance. Respondent did not file an Answer, Appeal, or other
Request for Hearing as to the Notice of Alleged Noncompliance.
We hold that PRA Services, Inc., in its capacity as a principal registered with the
Department of State under principal registration number °P01226," violated Section 13A05
of the Lobbying Disclosure Law, 65 Pa.C.S. § 13A05, when it failed to timely file with the
Department of State either a quarterly expense report or a statement of failure to meet the
reporting threshold for the first quarter of 2018.
We determine that the violation of the Lobbying Disclosure Law outlined above was
negligent in nature, and there is no basis in the record for imposing less than a maximum
administrative penalty against Respondent. See, 51 Pa. Code § 63.6(3).
The Regulations promulgated under the Lobbying Disclosure Law specifically
provide the following in relation to the calculation of an administrative penalty for a late or
deficient filing:
§ 63.6. Administrative penalties for late or deficient filings.
(2) An administrative penalty will be calculated from the first day
the registration statement or report is delinquent or deficient,
through the date a complete and accurate registration
statement or report is filed or the Commission decides the
matter, whichever occurs first.
51 Pa. Code § 63.6(2).
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For the first quarter of 2018, the reporting deadline was April 30, 2018. See, 65
Pa.C.S. § 13A05(a). The first day on which Respondent's first quarter 2018 expense
report or statement of failure to meet the reporting threshold was delinquent was May 1,
2018. As of the date of our decision in this matter (October 24, 2018), Respondent's first
quarter 2018 expense report or statement of failure to meet the reporting threshold is a
total of 177 days delinquent.
Negligent failure to register or report as required by the Lobbying Disclosure Law is
punishable by an administrative penalty as follows: (1) for the first ten late days, $50.00 for
each late day; (2) for each late day after the first ten late days through the 20th late day,
$100 for each late day; and (3) for each late day after the first 20 late days, $200 for each
late day. 65 Pa.C.S. § 13A09(c)(1).
Pursuant to Section 13A09(c) of the Lobbying Disclosure Law, 65 Pa.C.S. §
13A09(c), this Commission hereby levies one administrative penalty against Respondent
PRA Services, Inc. in the total amount of $32,900.00, calculated as follows: $50 per day for
the first ten days its first quarter 2018 expense report or statement of failure to meet the
reporting threshold was delinquent, plus $100.00 per day for the next ten days its first
quarter 2018 expense report or statement of failure to meet the reporting threshold was
delinquent, plus $200 per day for the remaining 157 days its first quarter 2018 expense
re ort or statement of failure to meet the re ortin threshold was delinquent (10 days x
$50.00 + 10 days x $100.00 + 157 days x $200.00 = $32,900.00).
Respondent PRA Services, Inc. is ordered to pay the aforesaid administrative
penalty in the total amount of $32,900.00 by way of certified check or money order in the
amount of $32,900.00 payable to the Commonwealth of Pennsylvania and forwarded to
this Commission by no later than the thirtieth (3011) day after the mailing date of this
adjudication and Order.
Additionally, Respondent PRA Services, Inc. is ordered to file a complete and
accurate first quarter 2018 expense report or statement of failure to meet the reportin
threshold, as appropriate, with the Department of State by no later than the thirtieth (30th'l
day after the mailing date of this adjudication and Order.
Noncompliance will result in the Commission initiating appropriate enforcement
action(s).
IV. CONCLUSIONS OF LAW:
1. As a principal registered with the Pennsylvania Department of State ( "Department of
State ") under principal registration number "P01226," PRA Services, Inc. has been
subject to the reporting requirements of Section 13A05 of Pennsylvania's lobbying
disclosure law ("'Lobbying Disclosure Law "), 65 Pa.C.S. § 13A05.
2. PRA Services, Inc., in its capacity as a principal registered with the Department of
State under principal registration number "P01226,' violated Section 13A05 of the
Lobbying Disclosure Law, 65 Pa.C.S. § 13A05, when it failed to timely file with the
Department of State either a quarterly expense report or a statement of failure to
meet the reporting threshold for the first quarter of 2018.
3. The violation of the Lobbying Disclosure Law outlined in paragraph 2 immediately
above is deemed to be negligent in nature.
4. The prerequisite service of a warning notice in accordance with Section 63.4(1) of
the Lobbying Disclosure Regulations, 51 Pa. Code § 63.4(1), was satisfied.
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Based upon the totality of the circumstances in this case, the imposition of an
administrative penalty in the total amount of $32,900.00 is warranted (10 days x
$50.00+ 10 days x $100.00 + 157 days x $200.00 = $32,900.00).
In Re: PRA Services, Inc., File Docket: 18 -009 -L
Respondent Date Decided: 10/24/18
Date Mailed: 11/14/18
ORDER NO. 136 -SL
PRA Services, Inc., in its capacity as a principal registered with the Pennsylvania
Department of State ( "Department of State ") under principal registration number
°P01226," violated Section 13A05 of Pennsylvania's lobbying disclosure law
( "Lobbying Disclosure Law "), 65 Pa.C.S. § 13A05, when it failed to timely file with
the Department of State either a quarterly expense report or a statement of failure
to meet the reporting threshold for the first quarter of 2018.
2. The violation of the Lobbying Disclosure Law outlined in paragraph 1 immediately
above is deemed to be negligent in nature.
3. Pursuant to Section 13A09(c) of the Lobbying Disclosure Law, 65 Pa.C.S.
13A09(c), this Commission hereby levies one administrative penalty against PRA
Services, Inc. in the total amount of $32,900.00, calculated as follows: 50 per day
for the first ten days its first quarter 2018 expense report or statement of failure to
meet the reporting threshold was delinquent, plus $100.00 per day for the next ten
days its first quarter 2018 expense report or statement of failure to meet the
reporting threshold was delinquent, plus $200 per day for the remaining 157 days its
first quarter 2018 expense report or statement of failure to meet the reporting
threshold was delinquent (10 days x $50.00 f 10 days x $100.00 * 157 days x
$200.00 = $32,900.00).
4. PRA Services, Inc. is ordered to pay the aforesaid administrative penalty in the total
amount of $32,900.00 by way of certified check or money order in the amount of
$32,900.00 payable to the Commonwealth of Pennsylvania and forwarded to the
Pennsylvania State Ethics Commission by no later than the thirtieth (30th) day after
the mailing date of this Order.
5. PRA Services, Inc. is further ordered to file a complete and accurate first quarter
2018 expense report or statement of failure to meet the reporting threshold, as
appropriate, with the Department of State by no later than the thirtieth (30th) day
after the mailing date of this Order.
6. Noncompliance with Paragraph 4 or 5 of this Order will result in the Commission
initiating appropriate enforcement action(s).
BY THE COMMISSION,
■ Ila, Chair