PRINTER'S NO. 706
No. 647 Session of 2007
INTRODUCED BY CIVERA, ADOLPH, BARRAR, BELFANTI, CALTAGIRONE,
CAPPELLI, DALEY, DeLUCA, FABRIZIO, GINGRICH, JAMES, KENNEY,
KILLION, MARSHALL, PETRI, SIPTROTH, STEIL, STERN, WATSON AND
YOUNGBLOOD, MARCH 6, 2007
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 6, 2007
AN ACT
1 Relating to crane operator licensure; establishing the State
2 Board of Crane Operators; conferring powers and imposing
3 duties relative to regulating the practice of crane
4 operation; making an appropriation; and imposing penalties.
5 TABLE OF CONTENTS
6 Chapter 1. Preliminary Provisions
7 Section 101. Short title.
8 Section 102. Definitions.
9 Chapter 3. State Board of Crane Operators
10 Section 301. Board.
11 Section 302. Powers and duties of board.
12 Chapter 5. Licensure
13 Section 501. Licensure.
14 Section 502. Qualifications.
15 Section 503. Crane operators in other states, terroritories or
16 Dominion of Canada.
17 Section 504. Duration of license.
18 Section 505. Reporting of multiple licensure.
1 Chapter 7. Administration and Enforcement
2 Section 701. Fees, fines and civil penalties.
3 Section 702. Violation of act.
4 Section 703. Refusal, suspension or revocation of license.
5 Section 704. Suspensions and revocations.
6 Section 705. Temporary and automatic suspensions.
7 Section 706. Reinstatement of license.
8 Section 707. Surrender of suspend or revoked license.
9 Section 708. Injunction.
10 Section 709. Subpoenas and oaths.
11 CHAPTER 21. Miscellaneous Provisions
12 Section 2101. Appropriation.
13 Section 2102. Regulations.
14 Section 2103. Effective date.
15 The General Assembly of the Commonwealth of Pennsylvania
16 hereby enacts as follows:
17 CHAPTER 1
18 PRELIMINARY PROVISIONS
19 Section 101. Short title.
20 This act shall be known and may be cited as the Crane
21 Operator Licensure Act.
22 Section 102. Definitions.
23 The following words and phrases when used in this act shall
24 have the meanings given to them in this section unless the
25 context clearly indicates otherwise:
26 "Board." The State Board of Crane Operators.
27 "Certification" or "certified." Certification from the
28 National Commission for the Certification of Crane Operators or
29 another organization found by the State Board of Crane Operators
30 to offer an equivalent testing and certification program meeting
20070H0647B0706 - 2 -
1 the requirements of the American Society of Mechanical Engineers
2 ASME B30.5 and the accreditation requirements of the National
3 Commission for Certifying Agencies or the American National
4 Standards Institute.
5 "Commissioner." The Commissioner of Professional and
6 Occupational Affairs within the Department of State.
7 "Conviction." Includes a judgment, an admission of guilt or
8 a plea of nolo contendere.
9 "Crane." A power-operated hoisting machine that has a power-
10 operated winch, load line and boom moving laterally by the
11 rotation of the machine on a carrier or base which has a
12 manufacturer's rated maximum lifting capacity of ten tons or
13 more. The term includes a tower crane, derrick, crawler crane
14 and wheel-mounted crane of both truck and self-propelled wheel
15 type. The term does not include a forklift, digger derrick
16 truck, aircraft, bucket truck, vehicle or machine not having a
17 power-operated winch and load line or crane used in longshore
18 operations.
19 "Crane operator." An individual licensed by the State Board
20 of Crane Operators to operate a crane.
21 "Department." The Department of State of the Commonwealth.
22 "Immediate supervision." Circumstances in which the crane
23 operator is in the immediate area of the trainee, within visual
24 sighting distance and able to effectively communicate with the
25 trainee.
26 "Trainee." An individual who has not been issued a license
27 under this act but who is authorized to operate a crane as set
28 forth in this act when under the immediate supervision of a
29 crane operator.
30 CHAPTER 3
20070H0647B0706 - 3 -
1 STATE BOARD OF CRANE OPERATORS
2 Section 301. Board.
3 (a) Establishment.--There is hereby established the State
4 Board of Crane Operators within the department.
5 (b) Composition.--The board shall consist of the following:
6 (1) The commissioner.
7 (2) Two public members.
8 (3) Four professional members. Professional members
9 shall have been actively engaged in crane-related operations
10 in this Commonwealth for at least five years immediately
11 preceding appointment. Except as set forth in subsection (f),
12 professional members shall be licensed under this act as
13 crane operators.
14 (c) Meeting.--The board shall meet within 30 days after the
15 appointment of its first members and shall:
16 (1) Set up operating procedures.
17 (2) Develop application forms for licensure.
18 (3) Circulate application forms.
19 (4) Educate the public regarding the requirements of
20 being licensed to operate a crane and to hold oneself out as
21 a crane operator in this Commonwealth.
22 (d) Term of membership.--Professional and public members
23 shall be appointed by the Governor with the advice and consent
24 of the Senate. Professional and public members shall be citizens
25 of the United States and residents of this Commonwealth. Except
26 as provided in subsection (e), professional and public members
27 shall serve a term of four years, or until a successor has been
28 appointed and qualified but in no event longer than six months
29 beyond the four-year period. In the event that a member dies or
30 resigns or otherwise is disqualified during the term of office,
20070H0647B0706 - 4 -
1 a successor shall be appointed in the same way and with the same
2 qualifications and shall hold office for an unexpired term. A
3 professional or public member shall not be eligible to hold more
4 than two consecutive terms.
5 (e) First appointments.--For professional and public members
6 first appointed to the board pursuant to this act, the term of
7 office shall be as follows:
8 (1) Three members shall serve for a term of four years.
9 (2) Two members shall serve for a term of three years.
10 (3) One member shall serve for a term of two years.
11 (f) Professional members and first appointments.--A
12 professional member first appointed to the board pursuant to
13 this act need not be licensed at the time of appointment but at
14 the time of appointment must have satisfied eligibility
15 requirements for licensure, including holding current
16 certification, as a crane operator as provided in this act.
17 (g) Quorum.--A majority of the members of the board shall
18 constitute a quorum. Except for temporary and automatic
19 suspensions under section 705, a member may not be counted as
20 part of a quorum or vote on any issue, unless the member is
21 physically in attendance at the meeting.
22 (h) Chairperson.--The board shall select annually a
23 chairperson from among its members. The board, with the approval
24 of the commissioner, shall select and fix the compensation of an
25 executive secretary who shall be responsible for the day-to-day
26 operation of the board and administration of the board's
27 activities.
28 (i) Expenses.--With the exception of the commissioner, each
29 member of the board shall receive $60 per diem when actually
30 attending to the work of the board. A member shall also receive
20070H0647B0706 - 5 -
1 the amount of reasonable traveling, hotel and other necessary
2 expenses incurred in the performance of the member's duties in
3 accordance with Commonwealth regulations.
4 (j) Forfeiture.--A professional or public member who fails
5 to attend three consecutive meetings shall forfeit the member's
6 seat unless the commissioner, upon written request from the
7 member, finds that the member should be excused from a meeting
8 because of illness or the death of a family member.
9 (k) Training seminars.--A public member who fails to attend
10 two consecutive statutorily mandated training seminars in
11 accordance with section 813(e) of the act of April 9, 1929
12 (P.L.177, No.175), known as The Administrative Code of 1929,
13 shall forfeit the member's seat unless the commissioner, upon
14 written request from the public member, finds that the public
15 member should be excused from a meeting because of illness or
16 the death of a family member.
17 (l) Frequency of meetings.--The board shall meet at least
18 four times a year in the City of Harrisburg and at such
19 additional times as may be necessary to conduct the business of
20 the board.
21 Section 302. Powers and duties of board.
22 The board shall have the following powers and duties:
23 (1) To provide for and regulate the licensing of
24 individuals engaged in operating a crane.
25 (2) To issue licenses, renew licenses, reinstate
26 licenses, fail to renew, suspend and revoke licenses as
27 provided in this act.
28 (3) To administer and enforce the provisions of this
29 act.
30 (4) To investigate applications for licensure and to
20070H0647B0706 - 6 -
1 determine the eligibility of an individual applying for
2 licensure.
3 (5) To promulgate and enforce regulations, not
4 inconsistent with this act, as necessary only to carry into
5 effect the provisions of this act. This paragraph includes
6 the setting of fees and the adoption of standards for
7 certification of crane operators. Regulations shall be
8 adopted in conformity with the provisions of the act of July
9 31, 1968 (P.L.769, No.240), referred to as the Commonwealth
10 Documents Law, and the act of June 25, 1982 (P.L.633,
11 No.181), known as the Regulatory Review Act.
12 (6) To keep minutes and records of all its transactions
13 and proceedings.
14 (7) To submit annually to the department an estimate of
15 financial requirements of the board for its administrative,
16 legal and other expenses.
17 (8) To submit annually a report to the Consumer
18 Protection and Professional Licensure Committee of the Senate
19 and the Professional Licensure Committee of the House of
20 Representatives. The report shall include a description of
21 the types of complaints received, status of cases, the action
22 which has been taken and the length of time from initial
23 complaint to final resolution.
24 (9) To submit annually to the Appropriations Committee
25 of the Senate and the Appropriations Committee of the House
26 of Representatives, 15 days after the Governor has submitted
27 a budget to the General Assembly, a copy of the budget
28 request for the upcoming fiscal year which the board
29 previously submitted to the department.
30 CHAPTER 5
20070H0647B0706 - 7 -
1 LICENSURE
2 Section 501. Licensure.
3 (a) General rule.--Except as provided in subsection (c), an
4 individual may not operate a crane, offer himself for employment
5 as an individual who may operate a crane or hold himself out as
6 a crane operator unless licensed by the board.
7 (b) Business entities.--Except as provided in subsection
8 (c), an individual, corporation, partnership, firm or other
9 entity shall not employ an individual to operate a crane or
10 allow or direct an individual to operate a crane unless the
11 individual is licensed under this act.
12 (c) Trainee.--For purposes of acquiring the experience
13 necessary to obtain certification, a trainee may operate a crane
14 when under the immediate supervision of a crane operator. In
15 order to qualify as a trainee under this subsection, the
16 individual must be 18 years of age or older and have
17 demonstrated, to the satisfaction of the entity employing the
18 crane operator, that the trainee is physically capable of
19 operating a crane.
20 (d) Duty of crane operator.--When providing immediate
21 supervision to a trainee pursuant to subsection (c), the crane
22 operator shall have no other duties.
23 (e) Title.--An individual who holds a license as a crane
24 operator or is maintained on inactive status pursuant to section
25 504(b) shall have the right to use the title "licensed crane
26 operator" and the abbreviation "L.C.O." No other individual
27 shall use the title "licensed crane operator" or the
28 abbreviation "L.C.O." Except as provided in subsection (c), no
29 other individual shall hold himself out as being able to operate
30 a crane or being authorized to operate a crane.
20070H0647B0706 - 8 -
1 (f) Additional requirement.--A license to operate a crane
2 shall be valid only in conjunction with certification and only
3 in the specialty for which the crane operator is certified.
4 (g) Specialties.--The board shall establish specialties for
5 certification. Specialties shall include:
6 (1) Tower crane.
7 (2) Lattice boom crawler.
8 (3) Lattice boom truck.
9 (4) Telescopic boom crane with a rotating control
10 station.
11 (5) Telescopic boom crane with a fixed control station.
12 (6) Any other specialty deemed appropriate by the board.
13 Section 502. Qualifications.
14 (a) General rule.--To be eligible to apply for licensure, an
15 applicant must fulfill the following requirements:
16 (1) Be of good moral character.
17 (2) Be 18 years of age or older.
18 (3) Hold current certification from the National
19 Commission for the Certification of Crane Operators or
20 another organization recognized by the board to offer an
21 equivalent program and testing as the National Commission for
22 the Certification of Crane Operators. In no case shall the
23 board recognize an organization unless the organization meets
24 the requirements of the American Society of Mechanical
25 Engineers ASME B30.5 and the accreditation requirements of
26 the National Commission for Certifying Agencies or the
27 American National Standards Institute.
28 (4) Pay the fee set by the board.
29 (b) Renewal of license.--In the case of a licensee applying
30 for renewal of license where certification will expire before
20070H0647B0706 - 9 -
1 the biennial renewal cycle will expire, the licensee shall
2 submit evidence satisfactory to the board that the licensee has
3 renewed certification. Failure to maintain certification or to
4 submit evidence of renewal of certification shall subject the
5 licensee to disciplinary action. The board shall promulgate
6 regulations setting forth the evidence necessary to demonstrate
7 renewal of certification as provided in this subsection.
8 (c) Convictions prohibited.--
9 (1) The board shall not issue a license to an individual
10 who has been convicted of a felonious act prohibited by the
11 act of April 14, 1972 (P.L.233, No.64), known as The
12 Controlled Substance, Drug, Device and Cosmetic Act, or
13 convicted of a felony relating to a controlled substance in a
14 court of law of the United States or any other state,
15 territory or country unless:
16 (i) at least ten years have elapsed from the date of
17 conviction;
18 (ii) the individual satisfactorily demonstrates to
19 the board that the individual has made significant
20 progress in personal rehabilitation since the conviction
21 such that licensure of the individual should not be
22 expected to create a substantial risk of harm to the
23 health and safety of crane operators, trainees or the
24 public or a substantial risk of further criminal
25 violations; and
26 (iii) the individual otherwise satisfies the
27 qualifications provided in this act.
28 (2) An individual's statement on the application
29 declaring the absence of a conviction shall be deemed
30 satisfactory evidence of the absence of a conviction, unless
20070H0647B0706 - 10 -
1 the board has some evidence to the contrary.
2 Section 503. Crane operators in other states, territories or
3 Dominion of Canada.
4 The board may issue a license to an individual who is
5 licensed as a crane operator in any other state or territory of
6 the United States or the Dominion of Canada, if all of the
7 following requirements are met:
8 (1) The individual is currently certified by the
9 National Commission for the Certification of Crane Operators.
10 (2) The individual meets the requirements as to
11 character, age and absence of convictions, as set forth in
12 section 502.
13 (3) The individual pays the required fee.
14 Section 504. Duration of license.
15 (a) Duration of license.--A license issued pursuant to this
16 act shall be on a biennial basis. The biennial expiration date
17 shall be established by regulation of the board. Application for
18 renewal of a license shall biennially be forwarded to an
19 individual holding a current license prior to the expiration
20 date of the current renewal biennium. The application form must
21 indicate whether certification will expire before the biennial
22 renewal cycle will expire.
23 (b) Inactive status.--An individual licensed under this act
24 may request an application for inactive status. The application
25 form may be completed and returned to the board. Upon receipt of
26 an application, the individual shall be maintained on inactive
27 status without fee and shall be entitled to apply for a
28 licensure renewal at any time. An individual who requests the
29 board to activate his license and who has been on inactive
30 status for a period of five consecutive years shall, prior to
20070H0647B0706 - 11 -
1 receiving an active license, satisfy the requirements of the
2 board's regulations for ensuring continued competence, including
3 holding current certification and remitting the required fee.
4 The board shall promulgate regulations to carry into effect the
5 provisions of this subsection.
6 Section 505. Reporting of multiple licensure.
7 A crane operator who is also licensed to operate a crane in
8 any other state, territory, possession of the United States or
9 country shall report this information to the board on the
10 biennial registration application. Any disciplinary action taken
11 in another state, territory, possession of the United States or
12 country shall be reported to the board on the biennial
13 registration application or within 90 days of final disposition,
14 whichever is sooner. Multiple licensure shall be noted by the
15 board on the crane operator's record, and the state, territory,
16 possession or country shall be notified by the board of any
17 disciplinary actions taken against the crane operator in this
18 Commonwealth.
19 CHAPTER 7
20 ADMINISTRATION AND ENFORCEMENT
21 Section 701. Fees, fines and civil penalties.
22 (a) Fees.--All fees required under this act shall be fixed
23 by the board by regulation and shall be subject to the act of
24 June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
25 Act. If the revenues raised by the fees, fines and civil
26 penalties imposed under this act are not sufficient to meet
27 expenditures over a two-year period, the board shall increase
28 those fees by regulation so that projected revenues will meet or
29 exceed projected expenditures.
30 (b) Fee increase.--If the Bureau of Professional and
20070H0647B0706 - 12 -
1 Occupational Affairs determines that the fees established by the
2 board under subsection (a) are inadequate to meet the minimum
3 enforcement efforts required by this act, then the bureau, after
4 consultation with the board and subject to the Regulatory Review
5 Act, shall increase the fees by regulation in an amount such
6 that adequate revenues are raised to meet the required
7 enforcement effort.
8 (c) Deposit of fees.--All fees, fines and civil penalties
9 imposed in accordance with this act shall be paid into the
10 Professional Licensure Augmentation Account established pursuant
11 to, and for use in accordance with, the act of July 1, 1978
12 (P.L.700, No.124), known as the Bureau of Professional and
13 Occupational Affairs Fee Act.
14 (d) Permitted fees.--The board may charge a fee, as set by
15 the board by regulation, for licensure, for renewing licensure
16 and for other services of the board as permitted by this act or
17 by regulation.
18 Section 702. Violation of act.
19 (a) General rule.--An individual or the responsible officers
20 or employees of a corporation, partnership, firm or other entity
21 violating a provision of this act or a regulation of the board
22 commits a misdemeanor of the third degree and shall, upon
23 conviction, be sentenced to pay a fine of not more than $1,000
24 or to imprisonment for not more than six months for the first
25 violation. For the second and each subsequent conviction, the
26 person, upon conviction, shall be sentenced to pay a fine of not
27 more than $2,000 or to imprisonment for not less than six months
28 or more than one year, or both.
29 (b) Civil penalty.--In addition to any other civil remedy or
30 criminal penalty provided for in this act, the board, by a vote
20070H0647B0706 - 13 -
1 of the majority of the maximum number of the authorized
2 membership of the board as provided by law or by a vote of the
3 majority of the duly qualified and confirmed membership or a
4 minimum of five members, whichever is greater, may levy a civil
5 penalty of up to $1,000 on any of the following:
6 (1) A crane operator who violates a provision of this
7 act.
8 (2) An individual who operates a crane in violation of
9 this act.
10 (3) An individual who holds himself out as a crane
11 operator without being properly licensed as provided in this
12 act.
13 (4) The responsible officers or employees of a
14 corporation, partnership, firm or other entity violating a
15 provision of this act.
16 (c) Procedure.--The board shall levy the civil penalty set
17 forth in subsection (b) only after affording the accused the
18 opportunity for a hearing as provided in 2 Pa.C.S. (relating to
19 administrative law and procedure).
20 Section 703. Refusal, suspension or revocation of license.
21 (a) General rule.--The board may refuse, suspend or revoke a
22 license in a case where the board finds:
23 (1) The licensee is negligent or incompetent in
24 operating a crane.
25 (2) The licensee is unable to operate a crane with
26 reasonable skill and safety by reason of mental or physical
27 illness or condition or physiological or psychological
28 dependence upon alcohol, hallucinogenic or narcotic drugs or
29 other drugs which tend to impair judgment or coordination, so
30 long as such dependence shall continue. In enforcing this
20070H0647B0706 - 14 -
1 paragraph, the board shall, upon probable cause, have
2 authority to compel a licensee to submit to a mental or
3 physical examination as designated by the board. After
4 notice, hearing, adjudication and appeal failure of a
5 licensee to submit to such examination when directed shall
6 constitute an admission of the allegations unless failure is
7 due to circumstances beyond the licensee's control,
8 consequent upon which a default and final order may be
9 entered without the taking of testimony or presentation of
10 evidence. A licensee affected under this paragraph shall at
11 reasonable intervals be afforded the opportunity to
12 demonstrate that the licensee can resume competent, safe and
13 skillful operation of a crane.
14 (3) The licensee has willfully or repeatedly violated
15 any of the provisions of this act or a regulation of the
16 board.
17 (4) The licensee has committed fraud or deceit in:
18 (i) the operation of a crane; or
19 (ii) securing licensure or certification.
20 (5) The licensee has been convicted of a felony or a
21 crime of moral turpitude, or received probation without
22 verdict, disposition in lieu of trial or an Accelerated
23 Rehabilitative Disposition in the disposition of felony
24 charges in the courts of this Commonwealth, the United States
25 or any other state, territory, possession of the United
26 States or any other country.
27 (6) The licensee has had the licensee's license
28 suspended or revoked or has received other disciplinary
29 action by the proper licensing authority in another state,
30 territory, possession of the United States or country.
20070H0647B0706 - 15 -
1 (7) With respect to the operation of a crane, the
2 licensee has acted in such a manner as to present an
3 immediate and clear danger to health, safety or property.
4 (8) The licensee possessed, used, acquired or
5 distributed a controlled substance.
6 (9) The licensee has been found guilty of unprofessional
7 conduct. Unprofessional conduct shall include departure from
8 or failing to conform to operating practices or professional
9 standards embraced by the crane operating profession,
10 including those recognized by the American Society of
11 Mechanical Engineers ASME B30.5 and an agency of the Federal
12 Government. In a proceeding based on this paragraph, actual
13 injury to a person or damage to property need not be
14 established.
15 (10) The licensee falsely advertised or made misleading,
16 deceptive, untrue or fraudulent material representations
17 regarding licensure, certification or operation of a crane.
18 (b) Acts authorized.--When the board finds that the license
19 of crane operator may be refused, revoked or suspended pursuant
20 to subsection (a), the board may:
21 (1) Deny the application for a license.
22 (2) Administer a public reprimand.
23 (3) Revoke, suspend, limit or otherwise restrict a
24 license.
25 (4) Require a licensee to submit to the care, counseling
26 or treatment of a physician or a psychologist designated by
27 the board.
28 (5) Suspend enforcement of its finding and place a
29 licensee on probation with the right to vacate the
30 probationary order for noncompliance.
20070H0647B0706 - 16 -
1 (6) Restore or reissue, in its discretion, a suspended
2 license and impose any disciplinary or corrective measure
3 which it might originally have imposed.
4 Section 704. Suspensions and revocations.
5 A suspension or revocation shall be made only in accordance
6 with the regulations of the board and only by majority vote of
7 the members of the board after a full and fair hearing. An
8 action of the board shall be taken subject to the right of
9 notice, hearing and adjudication, and the right of appeal, in
10 accordance with 2 Pa.C.S. (relating to administrative law and
11 procedure). The board, by majority action and in accordance with
12 its regulations, may reissue a license which has been suspended.
13 If a license has been revoked, the board shall reissue a license
14 only in accordance with section 706.
15 Section 705. Temporary and automatic suspensions.
16 (a) General rule.--A license issued under this act may be
17 temporarily suspended under circumstances determined by the
18 board to be an immediate and clear danger to public health or
19 safety. The board shall issue an order to that effect without a
20 hearing, but upon due notice, to the licensee concerned at the
21 licensee's last known address, which shall include a written
22 statement of all allegations against the licensee. The
23 provisions of section 704 shall not apply to temporary
24 suspension. The board shall commence formal action to suspend,
25 revoke or restrict the license of the crane operator as
26 otherwise provided for in this act. All actions shall be taken
27 promptly and without delay. Within 30 days following the
28 issuance of an order temporarily suspending a license, the board
29 shall conduct or cause to be conducted a preliminary hearing to
30 determine that there is a prima facie case supporting the
20070H0647B0706 - 17 -
1 suspension. The crane operator whose license has been
2 temporarily suspended may be present at the preliminary hearing
3 and may be represented by counsel, cross-examine witnesses,
4 inspect physical evidence, call witnesses, offer evidence and
5 testimony and make a record of the proceedings. If it is
6 determined that there is not a prima facie case, the suspended
7 license shall be immediately restored. The temporary suspension
8 shall remain in effect until vacated by the board, but in no
9 event longer than 180 days.
10 (b) Commitment of crane operator.--A license issued under
11 this act shall automatically be suspended upon the legal
12 commitment of a crane operator to an institution because of
13 mental incompetency from any cause upon filing with the board a
14 certified copy of such commitment, conviction of a felony under
15 the act of April 14, 1972 (P.L.233, No.64), known as The
16 Controlled Substance, Drug, Device and Cosmetic Act, or
17 conviction of an offense under the laws of another jurisdiction,
18 which, if committed in Pennsylvania, would be a felony under The
19 Controlled Substance, Drug, Device and Cosmetic Act. Automatic
20 suspension under this subsection shall not be stayed pending an
21 appeal of a conviction. Restoration of the license shall be made
22 as provided in the case of revocation or suspension of a
23 license.
24 Section 706. Reinstatement of license.
25 Unless ordered to do so by the Commonwealth Court or an
26 appeal therefrom, the board shall not reinstate the license of
27 an individual which has been revoked. An individual whose
28 license has been revoked may reapply for a license after a
29 period of at least five years, but must meet all of the
30 licensing requirements of this act.
20070H0647B0706 - 18 -
1 Section 707. Surrender of suspended or revoked license.
2 The board shall require an individual whose license has been
3 suspended or revoked to return the license in such manner as the
4 board directs. Failure to do so, upon conviction thereof, shall
5 be a misdemeanor of the third degree.
6 Section 708. Injunction.
7 Whenever in the judgment of the board a person has engaged in
8 an act or practice which constitutes or will constitute a
9 violation of this act, the board or its agents may make
10 application to the appropriate court for an order enjoining such
11 act or practice and, upon a showing by the board that the person
12 has engaged or is about to engage in such act or practice, an
13 injunction, restraining order or such order as may be
14 appropriate shall be granted by the court. The remedy by
15 injunction is in addition to any other civil or criminal
16 prosecution and punishment.
17 Section 709. Subpoenas and oaths.
18 (a) Authority granted.--The board shall have the authority
19 to issue subpoenas, upon application of an attorney responsible
20 for representing the Commonwealth in disciplinary matters before
21 the board, for the purpose of investigating alleged violations
22 of the act or regulation of the board. The board shall have the
23 power to subpoena witnesses, to administer oaths, to examine
24 witnesses and to take such testimony or compel the production of
25 such books, records, papers and documents as it may deem
26 necessary or proper in and pertinent to any proceeding,
27 investigation or hearing held or had by the board. The board is
28 authorized to apply to the Commonwealth Court to enforce its
29 subpoenas. The court may impose limitations on the scope of the
30 subpoena as is necessary to prevent unnecessary intrusion into
20070H0647B0706 - 19 -
1 client confidential information.
2 (b) Disciplinary matters.--An attorney responsible for
3 representing the Commonwealth in disciplinary matters before the
4 board shall notify the board immediately upon receiving
5 notification of an alleged violation of this act or a regulation
6 of the board. The board shall maintain current records of all
7 reported alleged violations and periodically review the records
8 for the purpose of determining that each alleged violation has
9 been resolved in a timely manner.
10 CHAPTER 21
11 MISCELLANEOUS PROVISIONS
12 Section 2101. Appropriation.
13 The sum of $85,000, or as much thereof as may be necessary,
14 is hereby appropriated from the Professional Licensure
15 Augmentation Account to the department for the payment of costs
16 associated with processing licenses and renewing licenses, for
17 the operation of the board and for other costs associated with
18 this act. The appropriation shall be repaid by the board within
19 three years of the beginning of issuance of licenses by the
20 board.
21 Section 2102. Regulations.
22 Within 18 months of the effective date of this section, the
23 board shall promulgate regulations to carry out this act.
24 Section 2103. Effective date.
25 This act shall take effect as follows:
26 (1) This section shall take effect immediately.
27 (2) Sections 501, 503, 702 and 706 shall take effect in
28 24 months.
29 (3) The remainder of this act shall take effect in 60
30 days.
L26L63BIL/20070H0647B0706 - 20 -