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                                 SENATE AMENDED
        PRIOR PRINTER'S NOS. 706, 1528, 2104,         PRINTER'S NO. 4519
        2109, 2134, 2449

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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, IN SENATE, OCTOBER 7, 2008

                                     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
    20070H0647B4519                  - 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.
    20070H0647B4519                  - 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
    20070H0647B4519                  - 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
    20070H0647B4519                  - 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
    20070H0647B4519                  - 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.
    20070H0647B4519                  - 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
    20070H0647B4519                  - 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
    20070H0647B4519                  - 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
    20070H0647B4519                 - 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
    20070H0647B4519                 - 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) AND THE REQUIREMENTS SET FORTH IN EITHER     <--
    27     PARAGRAPH (2) OR (3) OF THIS SUBSECTION;
    28         (2)  has passed a practical examination administered by
    29     NCCCO. Proof of successful completion of the practical
    30     examination shall be provided to the board; and OR             <--
    20070H0647B4519                 - 12 -     

     1         (3)  can document five or more years' experience,
     2     immediately preceding the date of application for licensure
     3     to operate a crane as defined in this act. Licenses granted
     4     under this provision shall be issued only for the operation
     5     of cranes where documentation, acceptable to the board, has
     6     been provided. Licenses issued pursuant to this section shall
     7     only authorize the operation of a crane within the experience
     8     documented and accepted by the board.
     9     (b)  Renewal.--Licenses issued under this section are not
    10  required to obtain certification for purposes of biennial
    11  renewal under section 502(b).
    12                             CHAPTER 7
    13                   ADMINISTRATION AND ENFORCEMENT
    14  Section 701.  Fees, fines and civil penalties.
    15     (a)  Fees.--All fees required under this act shall be fixed
    16  by the board by regulation and shall be subject to the act of
    17  June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
    18  Act. If the revenues raised by the fees, fines and civil
    19  penalties imposed under this act are not sufficient to meet
    20  expenditures over a two-year period, the board shall increase
    21  those fees by regulation so that projected revenues will meet or
    22  exceed projected expenditures.
    23     (b)  Fee increase.--If the Bureau of Professional and
    24  Occupational Affairs determines that the fees established by the
    25  board under subsection (a) are inadequate to meet the minimum
    26  enforcement efforts required by this act, then the bureau, after
    27  consultation with the board and subject to the Regulatory Review
    28  Act, shall increase the fees by regulation in an amount such
    29  that adequate revenues are raised to meet the required
    30  enforcement effort.
    20070H0647B4519                 - 13 -     

     1     (c)  Deposit of fees.--All fees, fines and civil penalties
     2  imposed in accordance with this act shall be paid into the
     3  Professional Licensure Augmentation Account established pursuant
     4  to, and for use in accordance with, the act of July 1, 1978
     5  (P.L.700, No.124), known as the Bureau of Professional and
     6  Occupational Affairs Fee Act.
     7     (d)  Permitted fees.--The board may charge a fee, as set by
     8  the board by regulation, for licensure, for renewing licensure
     9  and for other services of the board as permitted by this act or
    10  by regulation.
    11  Section 702.  Violation of act.
    12     (a)  Criminal penalty.--Violating a provision of this act or
    13  a regulation of the board commits a misdemeanor of the third
    14  degree and shall, upon conviction, be sentenced to pay a fine of
    15  not more than $1,000 or to imprisonment for not more than six
    16  months for the first violation. For the second and each
    17  subsequent conviction, the person, upon conviction, shall be
    18  sentenced to pay a fine of not more than $2,000 or to
    19  imprisonment for not less than six months or more than one year,
    20  or both.
    21     (b)  Civil penalty.--In addition to any other civil remedy or
    22  criminal penalty provided for in this act, the board, by a vote
    23  of the majority of the maximum number of the authorized
    24  membership of the board as provided by law or by a vote of the
    25  majority of the duly qualified and confirmed membership or a
    26  minimum of five members, whichever is greater, may levy a civil
    27  penalty of up to $1,000 on any of the following:
    28         (1)  A crane operator who violates a provision of this
    29     act.
    30         (2)  An individual who operates a crane in violation of
    20070H0647B4519                 - 14 -     

     1     this act.
     2         (3)  An individual who holds himself out as a crane
     3     operator without being properly licensed as provided in this
     4     act. This paragraph shall not apply to a trainee under
     5     section 501(c).
     6         (4)  A person that violates section 501(b).
     7     (c)  Procedure.--The board shall levy the civil penalty set
     8  forth in subsection (b) only after affording the accused the
     9  opportunity for a hearing as provided in 2 Pa.C.S. (relating to
    10  administrative law and procedure).
    11  Section 703.  Refusal, suspension or revocation of license.
    12     (a)  General rule.--The board may refuse, suspend or revoke a
    13  license in a case where the board finds:
    14         (1)  The licensee is negligent or incompetent in
    15     operating a crane.
    16         (2)  The licensee is unable to operate a crane with
    17     reasonable skill and safety by reason of mental or physical
    18     illness or condition or physiological or psychological
    19     dependence upon alcohol, hallucinogenic or narcotic drugs or
    20     other drugs which tend to impair judgment or coordination, so
    21     long as such dependence shall continue. In enforcing this
    22     paragraph, the board shall, upon probable cause, have
    23     authority to compel a licensee to submit to a mental or
    24     physical examination as designated by the board. After
    25     notice, hearing, adjudication and appeal failure of a
    26     licensee to submit to such examination when directed shall
    27     constitute an admission of the allegations unless failure is
    28     due to circumstances beyond the licensee's control,
    29     consequent upon which a default and final order may be
    30     entered without the taking of testimony or presentation of
    20070H0647B4519                 - 15 -     

     1     evidence. A licensee affected under this paragraph shall at
     2     reasonable intervals be afforded the opportunity to
     3     demonstrate that the licensee can resume competent, safe and
     4     skillful operation of a crane.
     5         (3)  The licensee has willfully or repeatedly violated
     6     any of the provisions of this act or a regulation of the
     7     board.
     8         (4)  The licensee has committed fraud or deceit in:
     9             (i)  the operation of a crane; or
    10             (ii)  securing licensure or certification.
    11         (5)  The licensee has been convicted of a felony or a
    12     crime of moral turpitude, or received probation without
    13     verdict, disposition in lieu of trial or an Accelerated
    14     Rehabilitative Disposition in the disposition of felony
    15     charges in the courts of this Commonwealth, the United States
    16     or any other state, territory, possession of the United
    17     States or any other country.
    18         (6)  The licensee has had the licensee's license
    19     suspended or revoked or has received other disciplinary
    20     action by the proper licensing authority in another state,
    21     territory, possession of the United States or country.
    22         (7)  With respect to the operation of a crane, the
    23     licensee has acted in such a manner as to present an
    24     immediate and clear danger to health, safety or property.
    25         (8)  The licensee possessed, used, acquired or
    26     distributed a controlled substance.
    27         (9)  The licensee has been found guilty of unprofessional
    28     conduct. Unprofessional conduct shall include departure from
    29     or failing to conform to operating practices or professional
    30     standards embraced by the crane operating profession,
    20070H0647B4519                 - 16 -     

     1     including those recognized by the American Society of
     2     Mechanical Engineers ASME B30.5 and an agency of the Federal
     3     Government. In a proceeding based on this paragraph, actual
     4     injury to a person or damage to property need not be
     5     established.
     6         (10)  The licensee falsely advertised or made misleading,
     7     deceptive, untrue or fraudulent material representations
     8     regarding licensure, certification or operation of a crane.
     9     (b)  Acts authorized.--When the board finds that the license
    10  of crane operator may be refused, revoked or suspended pursuant
    11  to subsection (a), the board may:
    12         (1)  Deny the application for a license.
    13         (2)  Administer a public reprimand.
    14         (3)  Revoke, suspend, limit or otherwise restrict a
    15     license.
    16         (4)  Require a licensee to submit to the care, counseling
    17     or treatment of a physician or a psychologist designated by
    18     the board.
    19         (5)  Suspend enforcement of its finding and place a
    20     licensee on probation with the right to vacate the
    21     probationary order for noncompliance.
    22         (6)  Restore or reissue, in its discretion, a suspended
    23     license and impose any disciplinary or corrective measure
    24     which it might originally have imposed.
    25  Section 704.  Suspensions and revocations.
    26     Disciplinary action shall be imposed only in accordance with   <--
    27  the regulations of the board and only by majority vote of the
    28  members of the board after a hearing. An action of the board
    29  shall be taken subject to the right of notice, hearing and
    30  adjudication, and the right of appeal, in accordance with 2
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     1  Pa.C.S. (relating to administrative law and procedure). The
     2  board, by majority action, may reissue a license which has been
     3  suspended. If a license has been revoked, the board shall
     4  reissue a license only in accordance with section 706.
     5  Section 705.  Temporary and automatic suspensions.
     6     (a)  General rule.--A license issued under this act may be
     7  temporarily suspended under circumstances determined by the
     8  board to be an immediate and clear danger to public health or
     9  safety. The board shall issue an order to that effect without a
    10  hearing, but upon due notice, to the licensee concerned at the
    11  licensee's last known address, which shall include a written
    12  statement of all allegations against the licensee. The
    13  provisions of section 704 shall not apply to temporary
    14  suspension. Formal action to suspend, revoke or restrict the
    15  license of the crane operator shall be commenced as otherwise
    16  provided for in this act. All actions shall be taken promptly
    17  and without delay. Within 30 days following the issuance of an
    18  order temporarily suspending a license, the board shall conduct
    19  or cause to be conducted a preliminary hearing to determine that
    20  there is a prima facie case supporting the suspension. The crane
    21  operator whose license has been temporarily suspended may be
    22  present at the preliminary hearing and may be represented by
    23  counsel, cross-examine witnesses, inspect physical evidence,
    24  call witnesses, offer evidence and testimony and make a record
    25  of the proceedings. If it is determined that there is not a
    26  prima facie case, the suspended license shall be immediately
    27  restored. The temporary suspension shall remain in effect until
    28  vacated by the board, but in no event longer than 180 days.
    29     (b)  Commitment of crane operator.--A license issued under
    30  this act shall automatically be suspended upon the legal
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     1  commitment of a crane operator to an institution because of
     2  mental incompetency from any cause upon filing with the board a
     3  certified copy of such commitment, conviction of a felony under
     4  the act of April 14, 1972 (P.L.233, No.64), known as The
     5  Controlled Substance, Drug, Device and Cosmetic Act, or
     6  conviction of an offense under the laws of another jurisdiction,
     7  which, if committed in Pennsylvania, would be a felony under The
     8  Controlled Substance, Drug, Device and Cosmetic Act. Automatic
     9  suspension under this subsection shall not be stayed pending an
    10  appeal of a conviction. Restoration of the license shall be made
    11  as provided in the case of revocation or suspension of a
    12  license.
    13  Section 706.  Reinstatement of license.
    14     Unless ordered to do so by the Commonwealth Court or an
    15  appeal therefrom, the board shall not reinstate the license of
    16  an individual which has been revoked. An individual whose
    17  license has been revoked may reapply for a license after a
    18  period of at least five years, but must meet all of the
    19  licensing requirements of this act.
    20  Section 707.  Surrender of suspended or revoked license.
    21     The board shall require an individual whose license has been
    22  suspended or revoked to return the license in such manner as the
    23  board directs. Failure to do so, upon conviction thereof, shall
    24  be a misdemeanor of the third degree.
    25  Section 708.  Injunction.
    26     Whenever in the judgment of the board a person has engaged in
    27  an act or practice which constitutes or will constitute a
    28  violation of this act, the board or its agents may make
    29  application to the appropriate court for an order enjoining such
    30  act or practice and, upon a showing by the board that the person
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     1  has engaged or is about to engage in such act or practice, an
     2  injunction, restraining order or such order as may be
     3  appropriate shall be granted by the court. The remedy by
     4  injunction is in addition to any other civil or criminal
     5  prosecution and punishment.
     6  Section 709.  Subpoenas and oaths.
     7     (a)  Authority granted.--The board shall have the authority
     8  to issue subpoenas, upon application of an attorney responsible
     9  for representing the Commonwealth in disciplinary matters before
    10  the board, for the purpose of investigating alleged violations
    11  of the act or regulation of the board. The board shall have the
    12  power to subpoena witnesses, to administer oaths, to examine
    13  witnesses and to take such testimony or compel the production of
    14  such books, records, papers and documents as it may deem
    15  necessary or proper in and pertinent to any proceeding,
    16  investigation or hearing held or had by the board. The board is
    17  authorized to apply to the Commonwealth Court to enforce its
    18  subpoenas. The court may impose limitations on the scope of the
    19  subpoena as is necessary to prevent unnecessary intrusion into
    20  client confidential information.
    21     (b)  Disciplinary matters.--An attorney responsible for
    22  representing the Commonwealth in disciplinary matters before the
    23  board shall maintain current records of all reported alleged
    24  violations and periodically review the records for the purpose
    25  of determining that each alleged violation has been resolved in
    26  a timely manner.
    27                             CHAPTER 21
    28                      MISCELLANEOUS PROVISIONS
    29  Section 2101.  Appropriation.
    30     The sum of $85,000, or as much thereof as may be necessary,
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     1  is hereby appropriated from the Professional Licensure
     2  Augmentation Account to the department for the payment of costs
     3  associated with processing licenses and renewing licenses, for
     4  the operation of the board and for other costs associated with
     5  this act. The appropriation shall be repaid by the board within
     6  three years of the beginning of issuance of licenses by the
     7  board.
     8  Section 2102.  Regulations.
     9     Within 18 months of the effective date of this section, the
    10  board shall promulgate regulations to carry out this act.
    11  Section 2103.  Effective date.
    12     This act shall take effect as follows:
    13         (1)  This section shall take effect immediately.
    14         (2)  Sections 501, 503, 702 and 706 shall take effect in
    15     24 months.
    16         (3)  The remainder of this act shall take effect in 60
    17     days.









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