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                                                        PRINTER'S NO. 80

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 59 Session of 2007


        INTRODUCED BY ERICKSON, KASUNIC, FONTANA, TARTAGLIONE, PIPPY,
           GREENLEAF, COSTA, RAFFERTY, KITCHEN, WASHINGTON, O'PAKE,
           WOZNIAK, LOGAN, PILEGGI AND STACK, FEBRUARY 8, 2007

        REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
           FEBRUARY 8, 2007

                                     AN ACT

     1  Relating to crane operator licensure; establishing the State
     2     Board of Crane Operators; conferring powers and imposing
     3     duties; making an appropriation; and imposing penalties.

     4     The General Assembly of the Commonwealth of Pennsylvania
     5  hereby enacts as follows:
     6                             CHAPTER 1
     7                       PRELIMINARY PROVISIONS
     8  Section 101.  Short title.
     9     This act shall be known and may be cited as the Crane
    10  Operator Licensure Act.
    11  Section 102.  Definitions.
    12     The following words and phrases when used in this act shall
    13  have the meanings given to them in this section unless the
    14  context clearly indicates otherwise:
    15     "Board."  The State Board of Crane Operators.
    16     "Certification."  A certification which:
    17         (1)  is from the National Commission for the


     1     Certification of Crane Operators or another organization
     2     found by the State Board of Crane Operators to offer an
     3     equivalent testing and certification program; and
     4         (2)  meets the requirements of the American Society of
     5     Mechanical Engineers ASME B30.5 and the accreditation
     6     requirements of the National Commission for Certifying
     7     Agencies or the American National Standards Institute.
     8     "Commissioner."  The Commissioner of Professional and
     9  Occupational Affairs within the Department of State.
    10     "Conviction."  Includes a judgment, an admission of guilt or
    11  a plea of nolo contendere.
    12     "Crane."  A power-operated hoisting machine that has a power-
    13  operated winch, load line and boom moving laterally by the
    14  rotation of the machine on a carrier or base which has a
    15  manufacturer's rated maximum lifting capacity of ten tons or
    16  more. The term includes a tower crane, derrick, crawler crane
    17  and wheel-mounted crane of both truck and self-propelled wheel
    18  type. The term does not include a forklift, digger derrick
    19  truck, aircraft, bucket truck, vehicle or machine not having a
    20  power-operated winch and load line or crane used in longshore
    21  operations.
    22     "Crane operator."  An individual licensed by the State Board
    23  of Crane Operators to operate a crane.
    24     "Department."  The Department of State of the Commonwealth.
    25     "Immediate supervision."  Circumstances in which the crane
    26  operator is in the immediate area of the trainee, within visual
    27  sighting distance and able to effectively communicate with the
    28  trainee.
    29     "Trainee."  An individual who has not been issued a license
    30  under this act or obtained certification but who is authorized
    20070S0059B0080                  - 2 -     

     1  to operate a crane as set forth in this act when under the
     2  immediate supervision of a crane operator.
     3                             CHAPTER 3
     4                   STATE BOARD OF CRANE OPERATORS
     5  Section 301.  Board.
     6     (a)  Establishment.--There is hereby established the State
     7  Board of Crane Operators within the department.
     8     (b)  Composition.--The board shall consist of the following:
     9         (1)  The commissioner.
    10         (2)  Two public members.
    11         (3)  Four professional members. Professional members
    12     shall have been actively engaged in crane-related operations
    13     in this Commonwealth for at least five years immediately
    14     preceding appointment. Except as set forth in subsection (f),
    15     professional members shall be licensed under this act as
    16     crane operators.
    17     (c)  Meeting.--The board shall meet within 30 days after the
    18  appointment of the initial members and shall:
    19         (1)  Establish procedures for the board's operation and
    20     administration of this act.
    21         (2)  Develop application forms for licensure.
    22         (3)  Circulate application forms.
    23         (4)  Educate the public regarding the requirements of
    24     being licensed to operate a crane and to hold oneself out as
    25     a crane operator in this Commonwealth.
    26     (d)  Term of membership.--Professional and public members
    27  shall be appointed by the Governor with the advice and consent
    28  of the Senate. Professional and public members shall be citizens
    29  of the United States and residents of this Commonwealth. Except
    30  as provided in subsection (e), professional and public members
    20070S0059B0080                  - 3 -     

     1  shall serve a term of four years, or until a successor has been
     2  appointed and qualified but in no event longer than six months
     3  beyond the four-year period. In the event that a member dies or
     4  resigns or otherwise is disqualified during the term of office,
     5  a successor shall be appointed in the same way and with the same
     6  qualifications and shall hold office for an unexpired term. A
     7  professional or public member shall not be eligible to hold more
     8  than two consecutive terms.
     9     (e)  Initial appointments.--For professional and public
    10  members first appointed to the board pursuant to this act, the
    11  term of office shall be as follows:
    12         (1)  Three members shall serve for a term of four years.
    13         (2)  Two members shall serve for a term of three years.
    14         (3)  One member shall serve for a term of two years.
    15     (f)  Professional members and first appointments.--A
    16  professional member initially appointed to the board pursuant to
    17  this act need not be licensed at the time of appointment but at
    18  the time of appointment must have satisfied eligibility
    19  requirements for licensure, including holding current
    20  certification, as a crane operator as provided in this act.
    21     (g)  Quorum.--A majority of the members of the board shall
    22  constitute a quorum. Except for temporary and automatic
    23  suspensions under section 705, a member may not be counted as
    24  part of a quorum or vote on any issue, unless the member is
    25  physically in attendance at the meeting.
    26     (h)  Chairperson.--The board shall select annually a
    27  chairperson from among its members.
    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
    20070S0059B0080                  - 4 -     

     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, refuse 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
    20070S0059B0080                  - 5 -     

     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
    20070S0059B0080                  - 6 -     

     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 who has passed a
    14  written examination of the National Commission for the
    15  Certification of Crane Operators or of a national association
    16  deemed equivalent by the board may operate a crane when under
    17  the immediate supervision of a crane operator. In order to
    18  qualify as a trainee under this subsection, the individual must
    19  be 18 years of age or older and have demonstrated, to the
    20  satisfaction of the person employing the crane operator, that
    21  the trainee is physically capable of operating a crane.
    22     (d)  Duty of crane operator.--When providing immediate
    23  supervision to a trainee pursuant to subsection (c), the crane
    24  operator shall have no other duties.
    25     (e)  Title.--An individual who holds a license as a crane
    26  operator or is maintained on inactive status pursuant to section
    27  504(b) shall have the right to use the title "licensed crane
    28  operator" and the abbreviation "L.C.O." No other individual
    29  shall use the title "licensed crane operator" or the
    30  abbreviation "L.C.O." Except as provided in subsection (c), no
    20070S0059B0080                  - 7 -     

     1  individual shall hold himself out as being able to operate a
     2  crane or being authorized to operate a crane.
     3     (f)  Additional requirement.--A license to operate a crane
     4  shall be valid only in conjunction with certification if the
     5  licensee maintains a current certification in the specialty for
     6  which the crane operator is certified.
     7     (g)  Specialties.--The board shall establish specialties for
     8  licensure. Specialties shall include:
     9         (1)  Tower crane.
    10         (2)  Lattice boom crawler.
    11         (3)  Lattice boom truck.
    12         (4)  Telescopic boom crane with a rotating control
    13     station.
    14         (5)  Telescopic boom cranes with a fixed control station.
    15         (6)  Any other specialty deemed appropriate by the board.
    16  Section 502.  Qualifications.
    17     (a)  General rule.--To be eligible to apply for licensure, an
    18  applicant must fulfill the following requirements:
    19         (1)  Be of good moral character.
    20         (2)  Be 18 years of age or older.
    21         (3)  Hold current certification.
    22         (4)  Pay the fee set by the board.
    23     (b)  Renewal of license.--In the case of a licensee applying
    24  for renewal of license where certification will expire before
    25  the biennial renewal cycle will expire, the licensee shall
    26  submit evidence satisfactory to the board that the licensee has
    27  renewed certification. Failure to maintain certification or to
    28  submit evidence of renewal of certification shall subject the
    29  licensee to disciplinary action. The board shall promulgate
    30  regulations setting forth the evidence necessary to demonstrate
    20070S0059B0080                  - 8 -     

     1  renewal of certification as provided in this subsection.
     2     (c)  Convictions prohibited.--
     3         (1)  The board shall not issue a license to an individual
     4     who has been convicted of a felony under the act of April 14,
     5     1972 (P.L.233, No.64), known as The Controlled Substance,
     6     Drug, Device and Cosmetic Act, or an offense under the laws
     7     of another jurisdiction which if committed in this
     8     Commonwealth would be a felony under The Controlled
     9     Substance, Drug, Device and Cosmetic Act unless:
    10             (i)  at least ten years have elapsed from the date of
    11         conviction;
    12             (ii)  the individual satisfactorily demonstrates to
    13         the board that the individual has made significant
    14         progress in personal rehabilitation since the conviction
    15         such that licensure of the individual should not be
    16         expected to create a substantial risk of harm to the
    17         health and safety of crane operators, trainees or the
    18         public or a substantial risk of further criminal
    19         violations; and
    20             (iii)  the individual otherwise satisfies the
    21         qualifications provided in this act.
    22         (2)  An individual's statement on the application
    23     declaring the absence of a conviction shall be deemed
    24     satisfactory evidence of the absence of a conviction, unless
    25     the board has some evidence to the contrary.
    26  Section 503.  Crane operators in other states, territories or
    27                 Dominion of Canada.
    28     The board may issue a license to an individual who has
    29  licensure or its equivalent as a crane operator in any other
    30  state or territory of the United States or the Dominion of
    20070S0059B0080                  - 9 -     

     1  Canada, if all of the following requirements are met:
     2         (1)  The individual is currently certified by the
     3     National Commission for the Certification of Crane Operators.
     4         (2)  The individual meets the requirements set forth in
     5     section 502.
     6         (3)  The individual pays the required fee.
     7  Section 504.  Duration of license.
     8     (a)  Duration of license.--A license issued pursuant to this
     9  act shall be on a biennial basis. The biennial expiration date
    10  shall be established by the board. Application for renewal of a
    11  license shall biennially be forwarded to an individual holding a
    12  current license prior to the expiration date of the current
    13  renewal biennium. The application form must indicate whether
    14  certification will expire before the biennial renewal cycle will
    15  expire.
    16     (b)  Inactive status.--An individual licensed under this act
    17  may request an application for inactive status. The application
    18  form may be completed and returned to the board. Upon receipt of
    19  an application, the individual shall be maintained on inactive
    20  status without fee and shall be entitled to apply for a
    21  licensure renewal at any time. An individual who requests the
    22  board to activate his license and who has been on inactive
    23  status for a period of five consecutive years shall, prior to
    24  receiving an active license, satisfy the requirements of the
    25  board's regulations for ensuring continued competence, including
    26  holding current certification and remitting the required fee.
    27  The board shall promulgate regulations to carry into effect the
    28  provisions of this subsection.
    29  Section 505.  Reporting of multiple licensure.
    30     A crane operator who is also licensed to operate a crane in
    20070S0059B0080                 - 10 -     

     1  any other state, territory, possession of the United States or
     2  country shall report this information to the board on the
     3  biennial registration application. A licensee shall report any
     4  disciplinary action taken in another state, territory,
     5  possession of the United States or country to the board on the
     6  biennial registration application or within 90 days of final
     7  disposition, whichever is sooner. Multiple licensure shall be
     8  noted by the board on the crane operator's record, and the
     9  state, territory, possession or country shall be notified of any
    10  disciplinary actions taken by the board against the crane
    11  operator in this Commonwealth.
    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.
    20070S0059B0080                 - 11 -     

     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
    20070S0059B0080                 - 12 -     

     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 does not apply to a trainee under section
     5     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
    20070S0059B0080                 - 13 -     

     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,
    20070S0059B0080                 - 14 -     

     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
    20070S0059B0080                 - 15 -     

     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 license issued under this act may be temporarily suspended
     7  under circumstances determined by the board to be an immediate
     8  and clear danger to public health or safety. The board shall
     9  issue an order to that effect without a hearing, but upon due
    10  notice, to the licensee concerned at the licensee's last known
    11  address, which shall include a written statement of all
    12  allegations against the licensee. The provisions of section 704
    13  shall not apply to temporary suspension. Formal action to
    14  suspend, revoke or restrict the license of the crane operator
    15  shall be commenced as otherwise provided for in this act. All
    16  actions shall be taken promptly and without delay. Within 30
    17  days following the issuance of an order temporarily suspending a
    18  license, the board shall conduct or cause to be conducted a
    19  preliminary hearing to determine that there is a prima facie
    20  case supporting the suspension. The crane operator whose license
    21  has been temporarily suspended may be present at the preliminary
    22  hearing and may be represented by counsel, cross-examine
    23  witnesses, inspect physical evidence, call witnesses, offer
    24  evidence and testimony and make a record of the proceedings. If
    25  it is determined that there is not a prima facie case, the
    26  suspended license shall be immediately restored. The temporary
    27  suspension shall remain in effect until vacated by the board,
    28  but in no event longer than 180 days.
    29  Section 706.  Reinstatement of license.
    30     Unless ordered to do so by the Commonwealth Court or an
    20070S0059B0080                 - 16 -     

     1  appeal therefrom, the board shall not reinstate the license of
     2  an individual which has been revoked. An individual whose
     3  license has been revoked may reapply for a license after a
     4  period of at least five years, but must meet all of the
     5  licensing requirements of this act.
     6  Section 707.  Surrender of suspended or revoked license.
     7     The board shall require an individual whose license has been
     8  suspended or revoked to return the license in such manner as the
     9  board directs. Failure to do so, upon conviction thereof, shall
    10  be a misdemeanor of the third degree.
    11  Section 708.  Injunction.
    12     Whenever in the judgment of the board a person has engaged in
    13  an act or practice which constitutes or will constitute a
    14  violation of this act, the board or its agents may make
    15  application to the appropriate court for an order enjoining such
    16  act or practice and, upon a showing by the board that the person
    17  has engaged or is about to engage in such act or practice, an
    18  injunction, restraining order or such order as may be
    19  appropriate shall be granted by the court. The remedy by
    20  injunction is in addition to any other civil or criminal
    21  prosecution and punishment.
    22  Section 709.  Subpoenas and oaths.
    23     (a)  Authority granted.--The board shall have the authority
    24  to issue subpoenas, upon application of an attorney responsible
    25  for representing the Commonwealth in disciplinary matters before
    26  the board, for the purpose of investigating alleged violations
    27  of the act or regulation of the board. The board shall have the
    28  power to subpoena witnesses, to administer oaths, to examine
    29  witnesses and to take such testimony or compel the production of
    30  such books, records, papers and documents as it may deem
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     1  necessary or proper in and pertinent to any proceeding,
     2  investigation or hearing held or had by the board. The board is
     3  authorized to apply to the Commonwealth Court to enforce its
     4  subpoenas. The court may impose limitations on the scope of the
     5  subpoena as is necessary to prevent unnecessary intrusion into
     6  client confidential information.
     7     (b)  Disciplinary matters.--An attorney responsible for
     8  representing the Commonwealth in disciplinary matters before the
     9  board shall maintain current records of all reported alleged
    10  violations and periodically review the records for the purpose
    11  of determining that each alleged violation has been resolved in
    12  a timely manner.
    13                             CHAPTER 21
    14                      MISCELLANEOUS PROVISIONS
    15  Section 2101.  Appropriation.
    16     The sum of $85,000, or as much thereof as may be necessary,
    17  is hereby appropriated from the Professional Licensure
    18  Augmentation Account to the department for the payment of costs
    19  associated with processing licenses and renewing licenses, for
    20  the operation of the board and for other costs associated with
    21  this act. The appropriation shall be repaid by the board within
    22  three years of the beginning of issuance of licenses by the
    23  board.
    24  Section 2102.  Regulations.
    25     Within 18 months of the effective date of this section, the
    26  board shall promulgate regulations to carry out this act.
    27  Section 2103.  Effective date.
    28     This act shall take effect as follows:
    29         (1)  This section shall take effect immediately.
    30         (2)  Sections 501, 503, 702 and 706 shall take effect in
    20070S0059B0080                 - 18 -     

     1     24 months.
     2         (3)  The remainder of this act shall take effect in 60
     3     days.


















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