PRIOR PRINTER'S NOS. 706, 1528, 2104, PRINTER'S NO. 2134 2109
No. 647 Session of 2007
INTRODUCED BY CIVERA, ADOLPH, BARRAR, BELFANTI, CALTAGIRONE, CAPPELLI, DALEY, DeLUCA, FABRIZIO, GINGRICH, JAMES, KENNEY, KILLION, MARSHALL, PETRI, SIPTROTH, STEIL, WATSON, YOUNGBLOOD, W. KELLER AND MURT, MARCH 6, 2007
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 27, 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; imposing penalties; and making an appropriation. 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, territories or 16 Dominion of Canada. 17 Section 504. Duration of license.
1 Section 505. Reporting of multiple licensure. 2 SECTION 506. LICENSE WITHOUT CERTIFICATION. <-- 3 Chapter 7. Administration and Enforcement 4 Section 701. Fees, fines and civil penalties. 5 Section 702. Violation of act. 6 Section 703. Refusal, suspension or revocation of license. 7 Section 704. Suspensions and revocations. 8 Section 705. Temporary and automatic suspensions. 9 Section 706. Reinstatement of license. 10 Section 707. Surrender of suspend or revoked license. 11 Section 708. Injunction. 12 Section 709. Subpoenas and oaths. 13 Chapter 21. Miscellaneous Provisions 14 Section 2101. Appropriation. 15 Section 2102. Regulations. 16 Section 2103. Effective date. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 CHAPTER 1 20 PRELIMINARY PROVISIONS 21 Section 101. Short title. 22 This act shall be known and may be cited as the Crane 23 Operator Licensure Act. 24 Section 102. Definitions. 25 The following words and phrases when used in this act shall 26 have the meanings given to them in this section unless the 27 context clearly indicates otherwise: 28 "Board." The State Board of Crane Operators. 29 "Certification." Certification from the National Commission 30 for the Certification of Crane Operators or another organization 20070H0647B2134 - 2 -
1 found by the State Board of Crane Operators to offer an 2 equivalent testing and certification program meeting the 3 applicable requirements of the American Society of Mechanical 4 Engineers ASME B30.5 as relating to mobile cranes, ASME B30.3 or 5 the requirements of ASME B30.4 as relating to tower cranes, and 6 the accreditation requirements of the National Commission for 7 Certifying Agencies or the American National Standards 8 Institute. 9 "Commissioner." The Commissioner of Professional and 10 Occupational Affairs within the Department of State. 11 "Conviction." Includes a judgment, an admission of guilt or 12 a plea of nolo contendere. 13 "Crane." A power-operated hoisting machine that has a power- 14 operated winch, load line and boom moving laterally by the 15 rotation of the machine on a carrier or base which has a 16 manufacturer's rated maximum lifting capacity of 15 tons or more 17 as specified in ASME B30.5, and includes a derrick, crawler 18 crane and wheel-mounted crane of both truck and self-propelled 19 wheel type. The term includes a tower crane, which has a 20 manufacturer's rated maximum lifting capacity of ten meter tons 21 or more, as specified in ASME B30.3 and ASME B30.4. The term 22 does not include a crane or drag line used in coal mining 23 operations, forklift, digger derrick truck, aircraft, bucket 24 truck, vehicle or machine not having a power-operated winch, tow 25 truck or wrecking crane when used for towing or vehicle 26 recovery, locomotive crane, load line or crane used in longshore 27 or other intermodal operations, or a crane used in manufacturing 28 applications. 29 "Crane operator." An individual licensed by the State Board 30 of Crane Operators to operate a crane. 20070H0647B2134 - 3 -
1 "Department." The Department of State of the Commonwealth. 2 "Immediate supervision." Circumstances in which the crane 3 operator is in the immediate area of the trainee, within visual 4 sighting distance and able to effectively communicate with the 5 trainee. 6 "Trainee." An individual who has not been issued a license 7 under this act or obtained certification but who is authorized 8 to operate a crane as set forth in this act when under the 9 immediate supervision of a crane operator. 10 CHAPTER 3 11 STATE BOARD OF CRANE OPERATORS 12 Section 301. Board. 13 (a) Establishment.--There is hereby established the State 14 Board of Crane Operators within the department. 15 (b) Composition.--The board shall consist of the following: 16 (1) The commissioner. 17 (2) Two public members. 18 (3) Four professional members. Professional members 19 shall have been actively engaged in crane-related operations 20 in this Commonwealth for at least five years immediately 21 preceding appointment. Except as set forth in subsection (f), 22 professional members shall be licensed under this act as 23 crane operators. 24 (c) Meeting.--The board shall meet within 30 days after the 25 appointment of the initial members and shall: 26 (1) Establish procedures for the board's operation and 27 administration of this act. 28 (2) Develop application forms for licensure. 29 (3) Circulate application forms. 30 (4) Educate the public regarding the requirements of 20070H0647B2134 - 4 -
1 being licensed to operate a crane and to hold oneself out as 2 a crane operator in this Commonwealth. 3 (d) Term of membership.--Professional and public members 4 shall be appointed by the Governor with the advice and consent 5 of the Senate. Professional and public members shall be citizens 6 of the United States and residents of this Commonwealth. Except 7 as provided in subsection (e), professional and public members 8 shall serve a term of four years, or until a successor has been 9 appointed and qualified but in no event longer than six months 10 beyond the four-year period. In the event that a member dies or 11 resigns or otherwise is disqualified during the term of office, 12 a successor shall be appointed in the same way and with the same 13 qualifications and shall hold office for an unexpired term. A 14 professional or public member shall not be eligible to hold more 15 than two consecutive terms. 16 (e) Initial appointments.--For professional and public 17 members first appointed to the board pursuant to this act, the 18 term of office shall be as follows: 19 (1) Three members shall serve for a term of four years. 20 (2) Two members shall serve for a term of three years. 21 (3) One member shall serve for a term of two years. 22 (f) Professional members and initial appointments.--A 23 professional member initially appointed to the board pursuant to 24 this act need not be licensed at the time of appointment but at 25 the time of appointment must have satisfied eligibility 26 requirements for licensure, including holding current 27 certification, as a crane operator as provided in this act. 28 (g) Quorum.--A majority of the members of the board shall 29 constitute a quorum. Except for temporary and automatic 30 suspensions under section 705, a member may not be counted as 20070H0647B2134 - 5 -
1 part of a quorum or vote on any issue, unless the member is 2 physically in attendance at the meeting. 3 (h) Chairperson.--The board shall select annually a 4 chairperson from among its members. 5 (i) Expenses.--With the exception of the commissioner, each 6 member of the board shall receive $60 per diem when actually 7 attending to the work of the board. A member shall also receive 8 the amount of reasonable traveling, hotel and other necessary 9 expenses incurred in the performance of the member's duties in 10 accordance with Commonwealth regulations. 11 (j) Forfeiture.--A professional or public member who fails 12 to attend three consecutive meetings shall forfeit the member's 13 seat unless the commissioner, upon written request from the 14 member, finds that the member should be excused from a meeting 15 because of illness or the death of a family member. 16 (k) Training seminars.--A public member who fails to attend 17 two consecutive statutorily mandated training seminars in 18 accordance with section 813(e) of the act of April 9, 1929 19 (P.L.177, No.175), known as The Administrative Code of 1929, 20 shall forfeit the member's seat unless the commissioner, upon 21 written request from the public member, finds that the public 22 member should be excused from a meeting because of illness or 23 the death of a family member. 24 (l) Frequency of meetings.--The board shall meet at least 25 four times a year in the City of Harrisburg and at such 26 additional times as may be necessary to conduct the business of 27 the board. 28 Section 302. Powers and duties of board. 29 The board shall have the following powers and duties: 30 (1) To provide for and regulate the licensing of 20070H0647B2134 - 6 -
1 individuals engaged in operating a crane. 2 (2) To issue licenses, renew licenses, reinstate 3 licenses, refuse to renew, suspend and revoke licenses as 4 provided in this act. 5 (3) To administer and enforce the provisions of this 6 act. 7 (4) To investigate applications for licensure and to 8 determine the eligibility of an individual applying for 9 licensure. 10 (5) To promulgate and enforce regulations, not 11 inconsistent with this act, as necessary only to carry into 12 effect the provisions of this act. This paragraph includes 13 the setting of fees and the adoption of standards for 14 certification of crane operators. Regulations shall be 15 adopted in conformity with the provisions of the act of July 16 31, 1968 (P.L.769, No.240), referred to as the Commonwealth 17 Documents Law, and the act of June 25, 1982 (P.L.633, 18 No.181), known as the Regulatory Review Act. 19 (6) To keep minutes and records of all its transactions 20 and proceedings. 21 (7) To submit annually to the department an estimate of 22 financial requirements of the board for its administrative, 23 legal and other expenses. 24 (8) To submit annually a report to the Consumer 25 Protection and Professional Licensure Committee of the Senate 26 and the Professional Licensure Committee of the House of 27 Representatives. The report shall include a description of 28 the types of complaints received, status of cases, the action 29 which has been taken and the length of time from initial 30 complaint to final resolution. 20070H0647B2134 - 7 -
1 (9) To submit annually to the Appropriations Committee 2 of the Senate and the Appropriations Committee of the House 3 of Representatives, 15 days after the Governor has submitted 4 a budget to the General Assembly, a copy of the budget 5 request for the upcoming fiscal year which the board 6 previously submitted to the department. 7 CHAPTER 5 8 LICENSURE 9 Section 501. Licensure. 10 (a) General rule.--Except as provided in subsection (c), an 11 individual may not operate a crane, offer himself for employment 12 as an individual who may operate a crane or hold himself out as 13 a crane operator unless licensed by the board. 14 (b) Business entities.--Except as provided in subsection 15 (c), an individual, corporation, partnership, firm or other 16 entity shall not employ an individual to operate a crane or 17 allow or direct an individual to operate a crane unless the 18 individual is licensed under this act. 19 (c) Trainee.--For purposes of acquiring the experience 20 necessary to obtain certification, a trainee who has passed a 21 written examination of the National Commission for the 22 Certification of Crane Operators or of a national association 23 deemed equivalent by the board may operate a crane when under 24 the immediate supervision of a crane operator. In order to 25 qualify as a trainee under this subsection, the individual must 26 be 18 years of age or older and have demonstrated, to the 27 satisfaction of the person employing the crane operator, that 28 the trainee is physically capable of operating a crane. 29 (d) Duty of crane operator.--When providing immediate 30 supervision to a trainee pursuant to subsection (c), the crane 20070H0647B2134 - 8 -
1 operator shall have no other duties. 2 (e) Title.--An individual who holds a license as a crane 3 operator or is maintained on inactive status pursuant to section 4 504(b) shall have the right to use the title "licensed crane 5 operator" and the abbreviation "L.C.O." No other individual 6 shall use the title "licensed crane operator" or the 7 abbreviation "L.C.O." Except as provided in subsection (c), no 8 other individual shall hold himself out as being able to operate 9 a crane or being authorized to operate a crane. 10 (f) Additional requirement.--A license to operate a crane 11 shall be valid only in conjunction with certification if the 12 licensee maintains a current certification in the specialty for 13 which the crane operator is certified. 14 (g) Specialties.--The board shall establish specialties for 15 licensure. Specialties shall include: 16 (1) Tower crane. 17 (2) Lattice boom crawler. 18 (3) Lattice boom truck. 19 (4) Telescopic boom crane with a rotating control 20 station. 21 (5) Telescopic boom crane with a fixed control station. 22 (6) Any other specialty deemed appropriate by the board. 23 Section 502. Qualifications. 24 (a) General rule.--To be eligible to apply for licensure, an 25 applicant must fulfill the following requirements: 26 (1) Be of good moral character. 27 (2) Be 18 years of age or older. 28 (3) Hold current certification. 29 (4) Pay the fee set by the board. 30 (b) Renewal of license.--In the case of a licensee applying 20070H0647B2134 - 9 -
1 for renewal of license where certification will expire before 2 the biennial renewal cycle will expire, the licensee shall 3 submit evidence satisfactory to the board that the licensee has 4 renewed certification. Failure to maintain certification or to 5 submit evidence of renewal of certification shall subject the 6 licensee to disciplinary action. The board shall promulgate 7 regulations setting forth the evidence necessary to demonstrate 8 renewal of certification as provided in this subsection. 9 (c) Convictions prohibited.-- 10 (1) The board shall not issue a license to an individual 11 who has been convicted of a felony under the act of April 14, 12 1972 (P.L.233, No.64), known as The Controlled Substance, 13 Drug, Device and Cosmetic Act, or an offense under the laws 14 of another jurisdiction which if committed in this 15 Commonwealth would be a felony under the Controlled 16 Substance, Drug, Device and Cosmetic Act unless: 17 (i) at least ten years have elapsed from the date of 18 conviction; 19 (ii) the individual satisfactorily demonstrates to 20 the board that the individual has made significant 21 progress in personal rehabilitation since the conviction 22 such that licensure of the individual should not be 23 expected to create a substantial risk of harm to the 24 health and safety of crane operators, trainees or the 25 public or a substantial risk of further criminal 26 violations; and 27 (iii) the individual otherwise satisfies the 28 qualifications provided in this act. 29 (2) An individual's statement on the application 30 declaring the absence of a conviction shall be deemed 20070H0647B2134 - 10 -
1 satisfactory evidence of the absence of a conviction, unless 2 the board has some evidence to the contrary. 3 Section 503. Crane operators in other states, territories or 4 Dominion of Canada. 5 The board may issue a license to an individual who has 6 licensure or its equivalent as a crane operator in any other 7 state or territory of the United States or the Dominion of 8 Canada, if all of the following requirements are met: 9 (1) The individual is currently certified by the 10 National Commission for the Certification of Crane Operators. 11 (2) The individual meets the requirements 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 the board in consultation with the 18 commissioner. Application for renewal of a license shall 19 biennially be forwarded to an individual holding a current 20 license prior to the expiration date of the current renewal 21 biennium. The application form must indicate whether 22 certification will expire before the biennial renewal cycle will 23 expire. 24 (b) Inactive status.--An individual licensed under this act 25 may request an application for inactive status. The application 26 form may be completed and returned to the board. Upon receipt of 27 an application, the individual shall be maintained on inactive 28 status without fee and shall be entitled to apply for a 29 licensure renewal at any time. An individual who requests the 30 board to activate his license and who has been on inactive 20070H0647B2134 - 11 -
1 status for a period of five consecutive years shall, prior to 2 receiving an active license, satisfy the requirements of the 3 board's regulations for ensuring continued competence, including 4 holding current certification and remitting the required fee. 5 The board shall promulgate regulations to carry into effect the 6 provisions of this subsection. 7 Section 505. Reporting of multiple licensure. 8 A crane operator who is also licensed to operate a crane in 9 any other state, territory, possession of the United States or 10 country shall report this information to the board on the 11 biennial registration application. A licensee shall report any 12 disciplinary action taken in another state, territory, 13 possession of the United States or country to the board on the 14 biennial registration application or within 90 days of final 15 disposition, whichever is sooner. Multiple licensure shall be 16 noted by the board on the crane operator's record, and the 17 state, territory, possession or country shall be notified of any 18 disciplinary actions taken by the board against the crane 19 operator in this Commonwealth. 20 SECTION 506. LICENSE WITHOUT CERTIFICATION. <-- 21 (A) ELIGIBILITY.--FOR A PERIOD OF ONE YEAR FOLLOWING THE 22 EFFECTIVE DATE OF THIS SECTION, AN INDIVIDUAL SHALL BE ELIGIBLE 23 FOR LICENSURE WITHOUT CERTIFICATION, AS REQUIRED BY THIS ACT, IF 24 THE INDIVIDUAL: 25 (1) MEETS THE QUALIFICATIONS UNDER SECTION 502, EXCEPT 26 SECTION 502(A)(3); 27 (2) HAS PASSED A PRACTICAL EXAMINATION ADMINISTERED BY 28 NCCCO. PROOF OF SUCCESSFUL COMPLETION OF THE PRACTICAL 29 EXAMINATION SHALL BE PROVIDED TO THE BOARD; AND 30 (3) CAN DOCUMENT FIVE OR MORE YEARS' EXPERIENCE, 20070H0647B2134 - 12 -
1 IMMEDIATELY PRECEDING THE DATE OF APPLICATION FOR LICENSURE 2 TO OPERATE A CRANE AS DEFINED IN THIS ACT. LICENSES GRANTED 3 UNDER THIS PROVISION SHALL BE ISSUED ONLY FOR THE OPERATION 4 OF CRANES WHERE DOCUMENTATION, ACCEPTABLE TO THE BOARD, HAS 5 BEEN PROVIDED. LICENSES ISSUED PURSUANT TO THIS SECTION SHALL 6 ONLY AUTHORIZE THE OPERATION OF A CRANE WITHIN THE EXPERIENCE 7 DOCUMENTED AND ACCEPTED BY THE BOARD. 8 (B) RENEWAL.--LICENSES ISSUED UNDER THIS SECTION ARE NOT 9 REQUIRED TO OBTAIN CERTIFICATION FOR PURPOSES OF BIENNIAL 10 RENEWAL UNDER SECTION 502(B). 11 CHAPTER 7 12 ADMINISTRATION AND ENFORCEMENT 13 Section 701. Fees, fines and civil penalties. 14 (a) Fees.--All fees required under this act shall be fixed 15 by the board by regulation and shall be subject to the act of 16 June 25, 1982 (P.L.633, No.181), known as the Regulatory Review 17 Act. If the revenues raised by the fees, fines and civil 18 penalties imposed under this act are not sufficient to meet 19 expenditures over a two-year period, the board shall increase 20 those fees by regulation so that projected revenues will meet or 21 exceed projected expenditures. 22 (b) Fee increase.--If the Bureau of Professional and 23 Occupational Affairs determines that the fees established by the 24 board under subsection (a) are inadequate to meet the minimum 25 enforcement efforts required by this act, then the bureau, after 26 consultation with the board and subject to the Regulatory Review 27 Act, shall increase the fees by regulation in an amount such 28 that adequate revenues are raised to meet the required 29 enforcement effort. 30 (c) Deposit of fees.--All fees, fines and civil penalties 20070H0647B2134 - 13 -
1 imposed in accordance with this act shall be paid into the 2 Professional Licensure Augmentation Account established pursuant 3 to, and for use in accordance with, the act of July 1, 1978 4 (P.L.700, No.124), known as the Bureau of Professional and 5 Occupational Affairs Fee Act. 6 (d) Permitted fees.--The board may charge a fee, as set by 7 the board by regulation, for licensure, for renewing licensure 8 and for other services of the board as permitted by this act or 9 by regulation. 10 Section 702. Violation of act. 11 (a) Criminal penalty.--Violating a provision of this act or 12 a regulation of the board commits a misdemeanor of the third 13 degree and shall, upon conviction, be sentenced to pay a fine of 14 not more than $1,000 or to imprisonment for not more than six 15 months for the first violation. For the second and each 16 subsequent conviction, the person, upon conviction, shall be 17 sentenced to pay a fine of not more than $2,000 or to 18 imprisonment for not less than six months or more than one year, 19 or both. 20 (b) Civil penalty.--In addition to any other civil remedy or 21 criminal penalty provided for in this act, the board, by a vote 22 of the majority of the maximum number of the authorized 23 membership of the board as provided by law or by a vote of the 24 majority of the duly qualified and confirmed membership or a 25 minimum of five members, whichever is greater, may levy a civil 26 penalty of up to $1,000 on any of the following: 27 (1) A crane operator who violates a provision of this 28 act. 29 (2) An individual who operates a crane in violation of 30 this act. 20070H0647B2134 - 14 -
1 (3) An individual who holds himself out as a crane 2 operator without being properly licensed as provided in this 3 act. This paragraph shall not apply to a trainee under 4 section 501(c). 5 (4) A person that violates section 501(b). 6 (c) Procedure.--The board shall levy the civil penalty set 7 forth in subsection (b) only after affording the accused the 8 opportunity for a hearing as provided in 2 Pa.C.S. (relating to 9 administrative law and procedure). 10 Section 703. Refusal, suspension or revocation of license. 11 (a) General rule.--The board may refuse, suspend or revoke a 12 license in a case where the board finds: 13 (1) The licensee is negligent or incompetent in 14 operating a crane. 15 (2) The licensee is unable to operate a crane with 16 reasonable skill and safety by reason of mental or physical 17 illness or condition or physiological or psychological 18 dependence upon alcohol, hallucinogenic or narcotic drugs or 19 other drugs which tend to impair judgment or coordination, so 20 long as such dependence shall continue. In enforcing this 21 paragraph, the board shall, upon probable cause, have 22 authority to compel a licensee to submit to a mental or 23 physical examination as designated by the board. After 24 notice, hearing, adjudication and appeal failure of a 25 licensee to submit to such examination when directed shall 26 constitute an admission of the allegations unless failure is 27 due to circumstances beyond the licensee's control, 28 consequent upon which a default and final order may be 29 entered without the taking of testimony or presentation of 30 evidence. A licensee affected under this paragraph shall at 20070H0647B2134 - 15 -
1 reasonable intervals be afforded the opportunity to 2 demonstrate that the licensee can resume competent, safe and 3 skillful operation of a crane. 4 (3) The licensee has willfully or repeatedly violated 5 any of the provisions of this act or a regulation of the 6 board. 7 (4) The licensee has committed fraud or deceit in: 8 (i) the operation of a crane; or 9 (ii) securing licensure or certification. 10 (5) The licensee has been convicted of a felony or a 11 crime of moral turpitude, or received probation without 12 verdict, disposition in lieu of trial or an Accelerated 13 Rehabilitative Disposition in the disposition of felony 14 charges in the courts of this Commonwealth, the United States 15 or any other state, territory, possession of the United 16 States or any other country. 17 (6) The licensee has had the licensee's license 18 suspended or revoked or has received other disciplinary 19 action by the proper licensing authority in another state, 20 territory, possession of the United States or country. 21 (7) With respect to the operation of a crane, the 22 licensee has acted in such a manner as to present an 23 immediate and clear danger to health, safety or property. 24 (8) The licensee possessed, used, acquired or 25 distributed a controlled substance. 26 (9) The licensee has been found guilty of unprofessional 27 conduct. Unprofessional conduct shall include departure from 28 or failing to conform to operating practices or professional 29 standards embraced by the crane operating profession, 30 including those recognized by the American Society of 20070H0647B2134 - 16 -
1 Mechanical Engineers ASME B30.5 and an agency of the Federal 2 Government. In a proceeding based on this paragraph, actual 3 injury to a person or damage to property need not be 4 established. 5 (10) The licensee falsely advertised or made misleading, 6 deceptive, untrue or fraudulent material representations 7 regarding licensure, certification or operation of a crane. 8 (b) Acts authorized.--When the board finds that the license 9 of crane operator may be refused, revoked or suspended pursuant 10 to subsection (a), the board may: 11 (1) Deny the application for a license. 12 (2) Administer a public reprimand. 13 (3) Revoke, suspend, limit or otherwise restrict a 14 license. 15 (4) Require a licensee to submit to the care, counseling 16 or treatment of a physician or a psychologist designated by 17 the board. 18 (5) Suspend enforcement of its finding and place a 19 licensee on probation with the right to vacate the 20 probationary order for noncompliance. 21 (6) Restore or reissue, in its discretion, a suspended 22 license and impose any disciplinary or corrective measure 23 which it might originally have imposed. 24 Section 704. Suspensions and revocations. 25 Disciplinary action shall be imposed only in accordance with 26 the regulations of the board and only by majority vote of the 27 members of the board after a hearing. An action of the board 28 shall be taken subject to the right of notice, hearing and 29 adjudication, and the right of appeal, in accordance with 2 30 Pa.C.S. (relating to administrative law and procedure). The 20070H0647B2134 - 17 -
1 board, by majority action, may reissue a license which has been 2 suspended. If a license has been revoked, the board shall 3 reissue a license only in accordance with section 706. 4 Section 705. Temporary and automatic suspensions. 5 (a) General rule.--A license issued under this act may be 6 temporarily suspended under circumstances determined by the 7 board to be an immediate and clear danger to public health or 8 safety. The board shall issue an order to that effect without a 9 hearing, but upon due notice, to the licensee concerned at the 10 licensee's last known address, which shall include a written 11 statement of all allegations against the licensee. The 12 provisions of section 704 shall not apply to temporary 13 suspension. Formal action to suspend, revoke or restrict the 14 license of the crane operator shall be commenced as otherwise 15 provided for in this act. All actions shall be taken promptly 16 and without delay. Within 30 days following the issuance of an 17 order temporarily suspending a license, the board shall conduct 18 or cause to be conducted a preliminary hearing to determine that 19 there is a prima facie case supporting the suspension. The crane 20 operator whose license has been temporarily suspended may be 21 present at the preliminary hearing and may be represented by 22 counsel, cross-examine witnesses, inspect physical evidence, 23 call witnesses, offer evidence and testimony and make a record 24 of the proceedings. If it is determined that there is not a 25 prima facie case, the suspended license shall be immediately 26 restored. The temporary suspension shall remain in effect until 27 vacated by the board, but in no event longer than 180 days. 28 (b) Commitment of crane operator.--A license issued under 29 this act shall automatically be suspended upon the legal 30 commitment of a crane operator to an institution because of 20070H0647B2134 - 18 -
1 mental incompetency from any cause upon filing with the board a 2 certified copy of such commitment, conviction of a felony under 3 the act of April 14, 1972 (P.L.233, No.64), known as The 4 Controlled Substance, Drug, Device and Cosmetic Act, or 5 conviction of an offense under the laws of another jurisdiction, 6 which, if committed in Pennsylvania, would be a felony under The 7 Controlled Substance, Drug, Device and Cosmetic Act. Automatic 8 suspension under this subsection shall not be stayed pending an 9 appeal of a conviction. Restoration of the license shall be made 10 as provided in the case of revocation or suspension of a 11 license. 12 Section 706. Reinstatement of license. 13 Unless ordered to do so by the Commonwealth Court or an 14 appeal therefrom, the board shall not reinstate the license of 15 an individual which has been revoked. An individual whose 16 license has been revoked may reapply for a license after a 17 period of at least five years, but must meet all of the 18 licensing requirements of this act. 19 Section 707. Surrender of suspended or revoked license. 20 The board shall require an individual whose license has been 21 suspended or revoked to return the license in such manner as the 22 board directs. Failure to do so, upon conviction thereof, shall 23 be a misdemeanor of the third degree. 24 Section 708. Injunction. 25 Whenever in the judgment of the board a person has engaged in 26 an act or practice which constitutes or will constitute a 27 violation of this act, the board or its agents may make 28 application to the appropriate court for an order enjoining such 29 act or practice and, upon a showing by the board that the person 30 has engaged or is about to engage in such act or practice, an 20070H0647B2134 - 19 -
1 injunction, restraining order or such order as may be 2 appropriate shall be granted by the court. The remedy by 3 injunction is in addition to any other civil or criminal 4 prosecution and punishment. 5 Section 709. Subpoenas and oaths. 6 (a) Authority granted.--The board shall have the authority 7 to issue subpoenas, upon application of an attorney responsible 8 for representing the Commonwealth in disciplinary matters before 9 the board, for the purpose of investigating alleged violations 10 of the act or regulation of the board. The board shall have the 11 power to subpoena witnesses, to administer oaths, to examine 12 witnesses and to take such testimony or compel the production of 13 such books, records, papers and documents as it may deem 14 necessary or proper in and pertinent to any proceeding, 15 investigation or hearing held or had by the board. The board is 16 authorized to apply to the Commonwealth Court to enforce its 17 subpoenas. The court may impose limitations on the scope of the 18 subpoena as is necessary to prevent unnecessary intrusion into 19 client confidential information. 20 (b) Disciplinary matters.--An attorney responsible for 21 representing the Commonwealth in disciplinary matters before the 22 board shall maintain current records of all reported alleged 23 violations and periodically review the records for the purpose 24 of determining that each alleged violation has been resolved in 25 a timely manner. 26 CHAPTER 21 27 MISCELLANEOUS PROVISIONS 28 Section 2101. Appropriation. 29 The sum of $85,000, or as much thereof as may be necessary, 30 is hereby appropriated from the Professional Licensure 20070H0647B2134 - 20 -
1 Augmentation Account to the department for the payment of costs 2 associated with processing licenses and renewing licenses, for 3 the operation of the board and for other costs associated with 4 this act. The appropriation shall be repaid by the board within 5 three years of the beginning of issuance of licenses by the 6 board. 7 Section 2102. Regulations. 8 Within 18 months of the effective date of this section, the 9 board shall promulgate regulations to carry out this act. 10 Section 2103. Effective date. 11 This act shall take effect as follows: 12 (1) This section shall take effect immediately. 13 (2) Sections 501, 503, 702 and 706 shall take effect in 14 24 months. 15 (3) The remainder of this act shall take effect in 60 16 days. L26L63BIL/20070H0647B2134 - 21 -