(2) For a second violation, the secretary may impose a
civil penalty of up to $500.
(3) For a third or subsequent violation, the secretary
may impose a civil penalty of up to $1,500.
(4) A penalty imposed under paragraphs (1), (2) and (3)
shall include a requirement that the employer or employment
agency remedy the violation within 30 days of receipt of
notice of the violation from the department. An employer or
employment agency that fails to remedy a violation after
receipt of notice from the department shall be subject to an
additional penalty of up to $1,500 for every 30 days that
passes thereafter without compliance.
(b) Assessment and recovery of penalties.--Penalties under
this section may be assessed by the department and recovered in
a civil action brought by the department in Commonwealth Court
or an administrative adjudicative proceeding.
(c) Fund.--The Ex-offender Increased Access to Employment
Enforcement Fund is established as a special fund in the State
Treasury.
(d) Deposit and appropriation.--The money recovered as civil
penalties under this section shall be deposited into the fund.
The money in the fund shall be appropriated to the department on
a continuing basis and may be used only to enforce employer
violations of this act.
(e) Administration and procedure.--The department may adopt
rules necessary to administer this act and may establish an
administrative procedure to adjudicate claims and issue final
and binding decisions subject to the 2 Pa.C.S. (relating to
administrative law and procedure).
Section 6. Construction of act.
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