Current through Register Vol. 54, No. 45, November 9, 2024
Section 977.32 - Participant cooperation(a) At a minimum, the participant shall cooperate by: (1) Providing all information requested by the Fund including tank system design documents, inventory records, tank tightness test results, contracts and other information pertinent to a claim within 30 days of the request of the Fund, or additional time as set by the Fund.(2) Permitting the Fund or its agent to inspect, sample and monitor on a continuing basis the property or operation of the participant.(3) Providing access to interview employees, agents, representatives or independent contractors of the participant; and to review any documents within the possession, custody or control of the participant concerning the claim.(4) Submitting, and requiring employees, consultants and other interested parties subject to its control to submit, to an examination under oath upon the request of the Fund.(5) Obtaining competitive proposals for work to be performed when requested by the Fund.(b) The participant shall cooperate in all respects with the Fund, its investigators, attorneys and agents during the investigation and resolution of a claim, including the defense of a suit, as provided in § 977.35 (relating to third-party suit) and any subrogation action as provided in § 977.40 (relating to subrogation for corrective action cost).(c) Lack of cooperation by the participant with the Fund or its investigators, attorneys, or agents may result in denial of the claim or cessation of further payments on a claim. This section cited in 25 Pa. code §977.32 (relating to eligibility requirements); 25 Pa. Code § 977.35 (relating to third-party suit); and 25 Pa. Code § 977.40 (relating to subrogation for corrective action cost).