Opinion by
National Apartment Leasing Company (NALCO) appeals here from an order of the Court of Common Pleas of Allegheny County which imposed a fine of $500.00 upon NALCO for being in contempt of court. We affirm.
This case had its genesis in the trial court when the Commonwealth petitioned that court to enforce a subpoena served upon NALCO pursuant to the provisions of Section 919(a) of The Administrative Code of 1929 (Administrative Code).
NALCO did not appear; instead, on May 31, 1985 it filed a petition with the trial court to have the order of May 8, 1985 vacated. On the same day that the petition was filed, the trial court denied it and set yet another date for NALCO to comply with the Attorney General’s subpoena. That order again warned that failure to comply with its terms would be punished as contempt. NALCO did not comply with that order.
The Commonwealth then filed a petition on July 19, 1985 for a rule to show cause why NALCO should not be held in contempt. The court entered an order making the rule returnable on August 14, 1985. The record does not show what transpired in court on that date but the trial court’s order entered on that date states that “after hearing, at which counsel for Respondent [NALCO] admitted that the Respondent was in contempt of this court’s order entered May 31, 1985”, the court adjudged NALCO to be in contempt. The order further stated that NALCO could purge itself of the
Section 919(a) of the Administrative Code provides in pertinent part as follows:
The Attorney General shall be authorized to require the attendance and testimony of witnesses and the production of any books, accounts, papers, records, documents, and files relating to any commercial and trade practices which the Bureau of Consumer Protection has authority to investigate . . . and, for this purpose, the Attorney General or his representative may sign subpoenas. ... In case of disobedience of any subpoena . . . the Attorney General or his representative may invoke the aid of . . . any court of record of the Commonwealth, and such court may thereupon issue an order requiring the person subpoenaed to obey the subpoena or to give evidence or to produce books, accounts, papers, records, documents and files relative to the matter in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof. (Emphasis added.)
It is true, of course, as NALCO contends, that NALCO is entitled to due process of law. The ultimate question, however, is how much process is due? Without again reviewing in detail all of the petitions and motions filed in this case, it is clear to us that numerous opportunities were afforded to NALCO to challenge the Attorney Generals subpoena but NALCO chose to do nothing except defy the trial court. NALCO contends that it was never afforded a hearing “on the substantive merits” of the Attorney Generals subpoena or the petition to compel compliance.
There is no requirement in Section 919(a) of the Administrative Code that a hearing must be afforded to the recipient of the subpoena before an enforcement order can be entered. We are not certain what the “substantive merit” of a subpoena encompasses but we assume that NALCO believes that the Commonwealth must show good cause for the issuance of a subpoena.
In any event NALCO could have been present at the time the enforcement petition was presented to request or insist upon a hearing before the court entered its order. NALCO contends that inasmuch as two orders were attached to the petition when it accepted service thereof, it fairly concluded that a hearing would be held. We reject that contention because it is just as plausible to us that NALCO should have been aware from the other proposed order that the trial court might choose to act without a hearing unless one was requested. In any event, NALCO subsequently did present a petition to vacate the enforcement order and argument was heard by the trial court before that court acted to deny the prayer of the petition.
NALCO also directs our attention to the Rules of Civil Procedure
Finally, we must observe that the order before us on appeal is an order imposing a sanction for NALCOs failure to obey a court order. As Judge Narick correctly points out in his memorandum opinion in support of that order, the U. S. Supreme Court has held that “an order issued by a court with jurisdiction over the
We hold that the order of the trial court must be sustained.
Order
The order of the Court of Common Pleas of Allegheny County entered September 18, 1985 is affirmed.
Act of April 9, 1929, P.L. 177, as amended, added by Section 1 of the Act of December 17, 1968, P.L. 1221, 71 P.S. §307-3.
May 8, 1985.
NALCO paid the fine after requests for a stay were denied by the trial court and by this Court.
Pa. R.C.P. Nos. 206—209.
