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HomeMy WebLinkAbout00-1001 LightOPINION OF THE COMMISSION Before: Daneen E. Reese, Chair Austin M. Lee, Vice Chair Julius Uehlein Louis W. Fryman John J. Bolger Frank M. Brown Susan Mosites Bicket DATE DECIDED: 2/1/2000 DATE MAILED: 2/11/2000 Larry L. Light Director, Legislative and Political Affairs Pennsylvania Medical Society 777 East Park Drive P.O. Box 8820 Harrisburg, PA 17105 -8820 00 -1001 Re: Lobbying, Principal, PAC, Ticket, Gift, Hospitality, Political Fundraiser, State Official. Dear Mr. Light: This Opinion is issued in response to your advisory request received on November 15, 1999. I. ISSUE: Where an organization's affiliated Political Action Committee (PAC) purchases tickets to a golf fundraiser event, and the organization itself provides one of the tickets to a State official, is the value of the lunch, evening reception, golf, and gift which are provided to the State official at the event subject to the reporting requirements of the Lobbying Disclosure Act when: (1) the total contribution to the candidate's campaign committee is reported under the campaign finance law; and (2) the total value received by the State official would not cross the threshold for disclosure as to that official under Section 1305(b)(3) of the Act. II. FACTUAL BASIS FOR DETERMINATION: As the Director of Legislative and Political Affairs for the Pennsylvania Medical Society, you request an advisory opinion concerning the reporting of expenses under the Lobbying Disclosure Act. Light, 00 -1001 Page 2 You state your view that the language of Section 35.1(k)(2) of the Lobbying Disclosure Regulations, which pertains to the reporting of the value of gifts or transportation, lodging or hospitality associated with a complimentary ticket to a political fundraiser, is confusing because it requires the reporting of the "reasonable amount of goods or services received by the donee," but also excludes a "political contribution which is otherwise reported as required by law." You request an advisory as to reporting under the following hypothetical: The Pennsylvania Medical Society's affiliated PAC purchases tickets to a golf fundraiser event for which the total contribution to the candidate's campaign committee is duly reported under the campaign expense law. One of the tickets is provided to a public official who attends the event as the guest of the Pennsylvania Medical Society. Cost information is obtained from the candidate as to the lunch, evening reception, golf, and gift provided to the public official at the event. The cost of the lunch is estimated at less than $10. The individual costs for the evening reception, golf and gift are valued at more than $10. The total value received by the public official would not cross the threshold for disclosure as to that official under Section 1305(b)(3) of the Lobbying Disclosure Act. We take administrative notice of the fact that the Pennsylvania Medical Society has registered with this Commission as a principal subject to the Lobbying Disclosure Act. We shall refer to its PAC using the acronym listed in the registration statement, specifically, "PAMPAC." By letter dated January 19, 2000, you were notified of the date, time, and location of the public meeting at which your request for an Opinion was to be considered. At the public meeting on February 1, 2000, you and the General Counsel for the Senate Republican Caucus appeared and offered additional facts and commentary which may be fairly summarized as follows. Factually, the tickets to the political fundraiser are initially obtained by PAMPAC. PAMPAC obtains the tickets through a political contribution to a campaign committee. The officers of PAMPAC subsequently provide the tickets to the Pennsylvania Medical Society for use. PAMPAC reports the full amount of its contribution under both the State and Federal Election Codes. The recipient campaign committee also reports the contribution received from PAMPAC under the Election Code. You contend that since PAMPAC's initial purchase of the tickets is reported under the Election Code as a political contribution, the Pennsylvania Medical Society's subsequent provision of one of the tickets to a State official is not reportable under the Lobbying Disclosure Act. You offer the following arguments in support of your contention. You submit that the Lobbying Disclosure Act was intended to require disclosure of attempts to influence that would not otherwise be matters of record. You state that since political contributions are reportable under the Election Code, they are to be excluded from reporting under the Lobbying Disclosure Act. You note that the Lobbying Disclosure Act adopts the definition of "gift" from the Ethics Act, which definition excludes political contributions. You further note that the Lobbying Disclosure Regulations exclude political contributions from the valuation of a ticket to a political fundraiser. You submit that to require the Pennsylvania Medical Society to report under the Lobbying Disclosure Act its provision of a PAMPAC - purchased ticket to a State official Light, 00 -1001 Page 3 would create a false sense of activity, in that it would require duplicate reporting and would have the effect of overstating the impact of ticket purchasing. You note that while PAMPAC is affiliated with the Pennsylvania Medical Society, it is a separate legal entity. You contend that the Pennsylvania Medical Society would not have made any expenditure for the ticket in the hypothetical scenario which you have presented, and you argue that it should not be required to report the value of a ticket given to a state official when PAMPAC is the entity that made the expenditure. You state that PAMPAC is not a principal and does not have a lobbyist, and that PAMPAC transactions would be outside the obligations of the Pennsylvania Medical Society unless PAC expenditures are to be imputed to the principal. Finally, you maintain that secondary and tertiary transactions are not reportable under the Lobbying Disclosure Act. III. DISCUSSION: It is initially noted that pursuant to Section 1308(c) of the Lobbying Disclosure Act in conjunction with Sections 1107(10) and 1107(11) of the Public Official and Employee Ethics Act (Ethics Act), 65 Pa.C.S. § §1107(10), (11), advisories are issued to the requestor based upon the facts which the requestor has submitted. The Commission does not engage in an independent investigation of the facts, nor does it speculate as to facts which have not been submitted, in issuing advisories. It is the burden of the requestor to truthfully disclose all of the material facts relevant to the inquiry. An advisory only affords a defense to the extent the requestor has truthfully disclosed all of the material facts. In order to decide the issues which you have raised, this Commission must review the pertinent definitions and substantive provisions of the Lobbying Disclosure Act and related Regulations. The stated intent of the Lobbying Disclosure Act is as follows: §1302. Statement of intent and jurisdiction (a) Intent. - -The Constitution of Pennsylvania recognizes the principle that all free government is founded upon the authority of the people. It further provides that the power to make law in this Commonwealth is vested in the General Assembly and the power to enforce law is vested in the Executive Department. The ability of the people to exercise their fundamental authority and to have confidence in the integrity of the process by which laws are made and enforced in this Commonwealth demands that the identity and the scope of activity of those employed to influence the actions of the General Assembly and the Executive Department be publicly and regularly disclosed. 65 Pa.C.S. §1302(a)(Emphasis added). Section 1303 of the Lobbying Disclosure Act defines "lobbying" as follows: "Lobbying." An effort to influence legislative action or administrative action. The term includes: (1) providing any gift, entertainment, meal, transportation or lodging to a State official or employee for the purpose of advancing the interest of the lobbyist or principal; and Light, 00 -1001 Page 4 (2) direct or indirect communication. 65 Pa.C.S. §1303. The key terms "legislative action," "administrative action," "direct communication," and "indirect communication" that are within the definition of "lobbying" are themselves defined as follows: "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 rejection of legislation; legislative motions; overriding or sustaining a veto by the Governor; or confirmation of appointments by the Governor or of appointments to public boards or commissions by a member of the General Assembly. "Administrative action." Any of the following: (1) An agency's: (i) proposal, consideration, promulgation or rescission of a regulation; (ii) development or modification of a guideline or a statement of policy; or (iii) approval or rejection of a regulation. (2) The review, revision, approval or disapproval of a regulation under the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act. (3) The Governor's approval or veto of legislation. (4) The nomination or appointment of an individual as an officer or employee of the Commonwealth. (5) The proposal, consideration, promulgation or rescission of an executive order. "Direct communication." An effort, whether written, oral or by any 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. "Indirect communication." An effort, whether written, oral or by any other medium, to encourage others, including the general public, to take action, the purpose or foreseeable effect of which is to directly influence legislative action or administrative action. The term includes letter- writing campaigns, mailings, telephone banks, print and electronic media advertising, billboards, publications and educational campaigns on public issues. The term does not include regularly published periodic newsletters primarily designed for Light, 00 -1001 Page 5 65 Pa.C.S. §1303. The terms "principal," and "lobbyist," and "State official or employee" are defined in the statute as follows: Id. and distributed to members of a bona fide association or charitable or fraternal nonprofit corporation. "Principal." Any individual, firm, association, corporation, partnership, business trust or business entity: (1) on whose behalf a lobbyist influences or attempts to influence an administrative action or a legislative action; or (2) that engages in lobbying on the principal's own behalf. "Lobbyist." Any individual, firm, association, corporation, partnership, business trust or business entity that engages in lobbying on behalf of a principal for economic consideration. The term includes an attorney who engages in lobbying. "State official or employee." An individual elected or appointed to a position in State government or employed by State government, whether compensated or uncompensated, who is involved in legislative action or administrative action. The Lobbying Disclosure Act defines the term "gift" as it is defined in the Ethics Act, which is as follows: "Gift." Anything which is received without consideration of equal or greater value. The term shall not include a political contribution otherwise reported as required by law or a commercially reasonable loan made in the ordinary course of business. 65 Pa.C.S. §1303 ; 65 Pa.C.S. §1102. The Lobbying Disclosure Regulations define the term "gift" in pertinent part as follows: Gift -- Anything which is received without consideration of equal or greater value. (i) The term does not include a political contribution which is otherwise reported as required by law or a commercially reasonable loan made in the ordinary course of business. (ii) For the purpose of categorizing a reportable item under section 1304 or 1305 of the act, or under section 1105(b)(6) or (7) of the Ethics Act, the term does not include "transportation and lodging or hospitality received in connection with public office or employment" as defined in this section, which is Light, 00 -1001 Page 6 51 Pa. Code §31.1. The Lobbying Disclosure Regulations also include the following pertinent definitions: Id. otherwise reported as required by law. Anything of value- - (i) For the limited purpose of reporting gifts, transportation, lodging or hospitality under section 1304 or 1305 of the act (relating to registration; and reporting), or under section 1105(b)(6) or (7) of the Ethics Act (relating to statement of financial interests), these terms mean anything of any nature whatsoever which is not or would not ordinarily be obtainable in the marketplace without consideration, including, but not limited to: (L) A complimentary ticket/pass, or the purchase of a ticket /pass, to an event such as a reception, rally, fund - raiser, sporting event, theater, opera, concert, exhibition, or the like. Hospitality -- Includes the following: (i) Meals. (ii) Beverages. (iii) Recreation and entertainment. Transportation and lodging or hospitality received in connection with public office or employment—Transportation, lodging or hospitality received in the course of, or incident to, the performance of official duties or responsibilities, or received on the basis of the status of the recipient as a public official or employe or State official or employe, as those terms are defined under the Ethics Act or the act, respectively. Section 35.1(k)(2) of the Lobbying Disclosure Regulations provides in pertinent part: § 35.1. Quarterly expense reports. (k) For purposes of reporting the value of gifts or transportation, lodging or hospitality to be disclosed under section 1304 or 1305 of the act, or under section 1105(b)(6) or (7) of the Ethics Act: Light, 00 -1001 Page 7 (2) The valuation of a complimentary ticket to a fundraiser shall be based upon the reasonable amount of the goods or services received by the donee. Such valuation shall not include a political contribution which is otherwise reported as required by law. 51 Pa. Code §35.1(k)(2). Finally, Section 35.1(g)(6) of the Lobbying Disclosure Regulations provides for a certain exception to the reporting requirements: § 35.1. Quarterly expense reports. (g) A quarterly expense report of a principal required to be registered under the act shall include the following information: (6) The total costs for gifts, entertainment, meals, transportation, lodging and receptions, given to or provided to State officials or employes or their immediate families, except that any cost under this paragraph which is of a value not exceeding $10 need not be reported under section 1305(b)(3) of the act. If the same or similar gift, hospitality or transportation or lodging is provided to more than one State official or employe, the aggregate economic value of which is $10 or more, such value shall be included in the appropriate totals reported under section 1305(b)(2) of the act. 51 Pa. Code §35.1(g)(6). Having set forth the pertinent provisions of the Lobbying Disclosure Act and the Lobbying Disclosure Regulations, we initially note that your hypothetical as it has been posed pertains to a ticket to a political fundraiser which is provided to a "public official." For reporting under the Ethics Act, the terms "public official" and "public employee" have legal significance. However, in order for the provision of gifts, hospitality, and the like to a "public official" to have significance under the Lobbying Disclosure Act, the "public official" must be within the definition of "State official or employee." Based upon your submissions it is clear that you intended to pose your hypothetical as to a State official, and so we shall hereafter refer to the official as a "State official." In applying the above provisions of law to the facts which you have submitted, we shall begin by analyzing each step of the process from the initial purchase of the tickets to the ultimate receipt of the related hospitality and gift by the State official. The first step in the process is the purchase of the tickets by the Pennsylvania Medical Society's affiliated PAC, " PAMPAC." Although PAMPAC is the affiliated PAC of the Pennsylvania Medical Society, the two are separate entities. Under the hypothetical as Light, 00 -1001 Page 8 you have submitted it, PAMPAC's total contribution to the candidate's campaign is reported under the campaign expense law. Contributions to, and expenditures by, a PAC which are properly reportable by the PAC under the Election Code are not reportable under the Lobbying Disclosure Act. See, Sunday, Opinion 99 -1028; see also, DeWall, Opinion 99 -1029 (regarding contributions to PACs). However, our analysis does not end with PAMPAC's purchase of the tickets. PAMPAC subsequently provides the tickets to the Pennsylvania Medical Society, and the Pennsylvania Medical Society in turn provides one of the tickets to a State official. In DeWall, supra, we observed that there is a distinction between a contribution to a PAC through the purchase of a ticket to a political fundraiser, and the subsequent provision of such a ticket to a State official or employee. Id. at 5 -6. It is now for this Commission to rule upon the latter, in light of the language of Section 35.1(k)(2) of the Lobbying Disclosure Regulations. We would note that we have reviewed the transcript of a pertinent discussion as to this Section of the Regulations which occurred among the Members of the Lobbying Disclosure Committee (Committee), key Senate staff, and Commission staff at the Committee's Public Meeting of June 22, 1999 (see, Transcript at 54 -76). It was at this particular meeting that the Committee approved the final Lobbying Disclosure Regulations which ultimately took effect. It is clear from the transcript that there were some who advocated to the Committee that for political fundraisers, the purchase of a ticket and subsequent provision of it to a State official or employee should not be reportable at all under the Lobbying Disclosure Act. It is also clear that others at the meeting, including the Committee Chair, who is Vice -Chair of this Commission, and Commission staff, voiced a contrary view that such should be reportable under the Lobbying Disclosure Act. The transcript reflects particular concerns as to events where something substantial would be provided to the State official or employee. This Commission must interpret the language that resulted from the Committee's efforts and set a precedent on this issue. We hold that although the initial purchase of a ticket from a PAC is not reportable under the Lobbying Disclosure Act, the subsequent provision of that ticket by a registrant to a State official or employee is reportable under the Lobbying Disclosure Act. Our holding is based upon the following analysis. The initial purchase of the ticket from the PAC is a separate transaction from the subsequent provision of the ticket to a State official or employee. A sequence of transactions occurs which is fundamentally no different than, for example, the purchase of a $50 fruit basket at a store and the subsequent provision of that fruit basket to the State official or employee. Separate transactions, consisting of the purchase from the source /supplier, and the subsequent transfer to the State official /employee, take place. The fact that in this case, a PAC rather than a store is the supplier of the ticket does not alter the analysis. If the ticket to the political fundraiser would be provided to the State official by PAMPAC, such would not be reportable under the Lobbying Disclosure Act conditioned upon the assumption that the distribution of the ticket to the State official would be reportable under the Election Code, as it would appear to be (see, 25 P.S. § §3241(d); 3246(b)(4)). But where the ticket to the political fundraiser would be provided to the State official by the Pennsylvania Medical Society, which is not a PAC but rather is a registered principal, such would be reportable under the Lobbying Disclosure Act. Under this particular factual scenario, there would be three separate transactions involving the ticket: (1) the purchase of the ticket by PAMPAC; (2) the transfer of the ticket from PAMPAC to the Pennsylvania Medical Society; and (3) the transfer of the ticket from the Pennsylvania Medical Society to the State official. The third transaction, the transfer of the ticket from Light, 00 -1001 Page 9 the Pennsylvania Medical Society to the State official, would not be part of the initial "political contribution" made by PAMPAC and would not be reported under the Election Code at all. Reporting it under the Lobbying Disclosure Act would therefore not duplicate reporting under the Election Code. The Pennsylvania Medical Society is a registered principal. Its provision of the ticket to the State official is in reality the provision of the related gift and hospitality encompassed by the ticket. Such provision of gifts and hospitality is within the statutory definition of "lobbying" which includes, inter alia, "providing any gift, entertainment, meal, transportation or lodging to a State official or employee for the purpose of advancing the interest of the lobbyist or principal; . . ." 65 Pa.C.S. §1303. The provision of gifts or hospitality to a State official or employee by a lobbyist or principal is inherently within the definition of "lobbying" and is reportable by a registrant under the Act. See, Cook, Opinion 99 -1001; Chiavetta, Opinion 99 -1003; McGee, Opinion 99 -1022. When the purchase of a ticket to a political fundraiser is properly recognized as a separate transaction from the subsequent provision of that ticket to a State official or employee, the meaning of Section 35.1(k)(2) of the Lobbying Disclosure Regulations is clear, and the two sentences comprising the section are consonant. The first sentence of the provision, specifically, The valuation of a complimentary ticket to a fundraiser shall be based upon the reasonable amount of the goods or services received by the donee," means that for any fundraiser, political or otherwise, the value of what is received by the State official or employee is the value of the gifts, hospitality, lodging, and the like which are provided to the State official /employee, not the amount paid for the ticket. The second sentence of the provision, specifically, Such valuation shall not include a political contribution which is otherwise reported as required by law," emphasizes specifically as to political fundraisers that the first transaction consisting of the purchase of the ticket to the political fundraiser is a political contribution which is to be reported under the Election Code, not the Lobbying Disclosure Act. There is nothing in Section 35.1(k)(2), or for that matter, the remainder of the Lobbying Disclosure Regulations or the Lobbying Disclosure Act itself, which would exclude from reporting under the Lobbying Disclosure Act the value of the goods or services received by the State official at the political fundraiser. Our holding in this matter is consistent with the stated intent of the General Assembly in promulgating the Lobbying Disclosure Act that the scope of activity of those employed to influence the actions of the General Assembly and the Executive Department be publicly and regularly disclosed." 65 Pa.C.S. §1302(a). We shall next address the valuation and reporting of the ticket in your hypothetical. Clearly, a complimentary ticket to a fundraiser has value, and such is in fact among the items listed within the definition of "anything of value" in the Lobbying Disclosure Regulations. 51 Pa. Code §31.1. Factually, the political fundraiser in your hypothetical includes a lunch valued at less than $10, together with golfing, an evening reception and gift, each of which exceeds $10 in value. You state that the total for the event would not cross the thresholds for gifts or transportation /lodging /hospitality so as to require the identification of this State official in the Expense Report per Section 1305(b)(3) of the Lobbying Disclosure Act. Where the registrant providing such a complimentary ticket to the State official would make an expenditure to acquire the ticket, the total value of the goods and services received by the State official including the lunch, golfing, evening reception, and gift, would be included within the total figures reported at Blocks 13 and 15 of the Expense Report form, pursuant to Sections 1305(b)(2)(i) and (iii) of the Lobbying Disclosure Act. However, where, as in your hypothetical, the registrant filing the Expense Report would not make any expenditure to acquire the ticket, there would be no related "amounts spent" or "costs" Light, 00 -1001 Page 10 for the registrant to include in Block 13 or 15. As for Section 1305(b)(3) of the Lobbying Disclosure Act, that Section requires a registrant to identify any State official or employee to whom is provided gifts valued in the aggregate at $250 or more in a calendar year or transportation /lodging /hospitality valued in the aggregate at more than $650 in a calendar year. The disclosure mandated by Section 1305(b)(3) is not contingent upon there having been an expenditure by the registrant to acquire the gifts, transportation, lodging, or hospitality provided. Therefore, regardless of whether there would be any related expenditure by the registrant, it would be necessary for the registrant to keep an account of such gifts, transportation, lodging, or hospitality provided to the State official. If and when the aggregate(s) would exceed the applicable threshold(s) noted above, reporting would be required as to the State official pursuant to Section 1305(b)(3) of the Lobbying Disclosure Act, using Blocks 17 and /or 18 of the Expense Report form. Of course, under the Lobbying Disclosure Regulations, where the value of a gift, or transportation /lodging /hospitality provided to a given State official or employee would be $10 or less, it would not be included for purposes of calculating whether the respective reporting threshold has been met for that individual, Buzydlowski, Opinion 99 -1014, and it would not need to be reported under Section 1305(b)(3) of the Lobbying Disclosure Act if and when the reporting threshold would be met. 51 Pa. Code §35.1(g)(6). However, we hold that one may not fragment a singular item or event into component parts for valuation, except to segregate the "gift" components from the " transportation /lodging /hospitality" components to allow for proper categorization. To hold otherwise would be to nullify the Lobbying Disclosure Act by allowing anything to be broken down into parts valued at less than $10. Taken to its logical extreme, such a theory would enable the fragmentation of a $50 meal into "component parts" consisting of each course, or each drink, so as to avoid the reporting requirements of Section 1305(b)(3). Such a ludicrous result was never intended by the General Assembly. Thus, the fact that the cost of the lunch in your hypothetical, as one of the component parts of the transportation /lodging /hospitality category encompassed by the ticket, is estimated at less than $10 would not allow the exclusion of this amount from the record - keeping and possible future reporting as to the State official. Rather, it would be necessary to keep an account of the above expenses and other such gifts or transportation, lodging and hospitality provided to that State official. As we stated above, if and when the aggregate(s) would exceed the applicable threshold(s) noted above, reporting would be required as to that State official pursuant to Section 1305(b)(3) of the Lobbying Disclosure Act. We parenthetically note that written notice would also have to be given to the State official of his inclusion in an Expense Report within seven days of the Report's submission to this Commission, as per Section 1305(b)(3)(ii) of the Lobbying Disclosure Act. The propriety of the proposed conduct has only been addressed under the Lobbying Disclosure Act and derivatively the Ethics Act to the extent applicable; the applicability of any other statute, code, ordinance, regulation or other code of conduct has not been considered in that they do not involve an interpretation of the Lobbying Disclosure Act. IV. CONCLUSION: Expenditures by a PAC which are properly reportable by the PAC under the Election Code are not reportable under the Lobbying Disclosure Act. Where a ticket to a political fundraiser would be provided to a State official by a PAC, such would not be reportable under the Lobbying Disclosure Act conditioned upon the assumption that it would be reportable under the Election Code. Where a ticket to a political fundraiser would be purchased by a PAC but Light, 00 -1001 Page 11 subsequently provided to a State official by a registered principal affiliated with the PAC, the value of such ticket would be reportable by the principal under the Lobbying Disclosure Act. Where the registrant would make an expenditure to acquire the ticket, the total value of the goods and services received by the State official would be included within the total figures reported pursuant to Sections 1305(b)(2)(i) and (iii) of the Lobbying Disclosure Act. Where the registrant would not make any expenditure to acquire the ticket, there would be no related amounts to be included within the total figures reported by the registrant pursuant to Sections 1305(b)(2)(i) and (iii) of the Lobbying Disclosure Act. The disclosure mandated by Section 1305(b)(3) of the Lobbying Disclosure Act is not contingent upon there having been any related expenditure by the registrant. Reporting would be required pursuant to Section 1305(b)(3) of the Lobbying Disclosure Act if and when the aggregate value(s) of the gifts and transportation /lodging /hospitality provided by the registrant to the State official would exceed the applicable threshold(s). Where the value of a gift, or transportation /lodging /hospitality provided to a given State official or employee would be $10 or less, it would not be included for purposes of calculating whether the respective reporting threshold was met for that individual, and it would not need to be reported under Section 1305(b)(3) of the Act if and when the reporting threshold would be met. A singular item or event may not be fragmented into component parts for valuation, except that "gift" components may be segregated from " transportation /lodging /hospitality" components to allow for proper categorization. Pursuant to Section 1308 of the Lobbying Disclosure Act, a requestor who truthfully discloses all material facts in a request for an advisory and who acts in good faith based upon a written opinion of the Commission issued to the requestor shall not be held liable for a violation of the Lobbying Disclosure Act. This Opinion is a public record and will be made available as such. Finally, a party may request this Commission to reconsider its Opinion. The reconsideration request must be received at this Commission within thirty days of the mailing date of this Opinion. The party requesting reconsideration must include a detailed explanation of the reasons as to why reconsideration should be granted in conformity with 51 Pa. Code §39.1. By the Commission, Austin M. Lee Vice Chair Chair Daneen E. Reese, Commissioner Louis W. Fryman, and Commissioner John J. Bolger dissent.