PRINTER'S NO. 4149
No. 2727 Session of 2006
INTRODUCED BY GANNON, DeLUCA, CALTAGIRONE, W. KELLER, BELFANTI,
WALKO, GODSHALL AND KILLION, JUNE 7, 2006
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JUNE 7, 2006
AN ACT
1 Providing for professional painters licensure; establishing the
2 State Board of Professional Painters; providing for powers
3 and duties of the board; establishing fees, fines and civil
4 penalties; and making an appropriation.
5 TABLE OF CONTENTS
6 Section 1. Short title.
7 Section 2. Definitions.
8 Section 3. State Board of Professional Painters.
9 Section 4. Powers and duties of board.
10 Section 5. Licensure.
11 Section 6. Qualifications.
12 Section 7. Continuing education.
13 Section 8. Professional painters in other states.
14 Section 9. Duration of license.
15 Section 10. Reporting of multiple licensure.
16 Section 11. Fees, fines and civil penalties.
17 Section 12. Violations.
18 Section 13. Refusal to issue, suspend or revoke license.
19 Section 14. Suspensions and revocations.
1 Section 15. Temporary and automatic suspensions.
2 Section 16. Reinstatement of license.
3 Section 17. Surrender of suspended or revoked license.
4 Section 18. Injunction.
5 Section 19. Subpoenas and oaths.
6 Section 20. Municipalities.
7 Section 21. Appropriation.
8 Section 22. Regulations.
9 Section 23. Severability.
10 Section 24. Effective date.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title.
14 This act shall be known and may be cited as the Professional
15 Painters Licensure Act.
16 Section 2. Definitions.
17 The following words and phrases when used in this act shall
18 have the meanings given to them in this section unless the
19 context clearly indicates otherwise:
20 "Apprentice painter." An individual who is registered as an
21 apprentice under the act of July 14, 1961 (P.L.604, No.304),
22 known as The Apprenticeship and Training Act, and who is
23 licensed by the State Board of Professional Painters as an
24 individual whose principle occupation is learning and assisting
25 in the performance of painting services.
26 "Board." The State Board of Professional Painters.
27 "Commissioner." The Commissioner of the Bureau of
28 Professional and Occupational Affairs within the Department of
29 State.
30 "Conviction." The term includes a judgment, an admission of
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1 guilt or a plea of nolo contendere.
2 "Department." The Department of State of the Commonwealth.
3 "Journeyman painter." An individual who is licensed by the
4 State Board of Professional Painters to assist a professional
5 painter with the performance of painting services.
6 "Painting services." The application of paints, varnishes,
7 protective coatings, shellacs, stains and other pigments or wall
8 coverings, by brush, spray or roller where the application is
9 provided for remuneration. The term does not include the
10 application of paints, varnishes, protective coatings, shellacs,
11 stains and other pigments or wall coverings, by brush, spray or
12 roller where the application is not performed for remuneration.
13 The term also does not include artwork created by a commercial
14 or fine artist.
15 "Professional painter" or "professional painting contractor."
16 An individual who is licensed by the State Board of Professional
17 Painters and is authorized to perform painting services.
18 Section 3. State Board of Professional Painters.
19 (a) Establishment.--There is hereby established the State
20 Board of Professional Painters within the department.
21 (b) Composition.--The board shall consist of the following:
22 (1) The commissioner.
23 (2) Two public members.
24 (3) Six professional members. The professional members
25 shall have been actively engaged in providing painting
26 services in this Commonwealth for the ten years immediately
27 preceding appointment. Two professional members shall reside
28 in a county of the first class. One professional member shall
29 reside in a county of the second class. Three professional
30 members shall be subject to collective bargaining agreements.
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1 Three professional members shall not be subject to collective
2 bargaining agreements. Except as set forth in subsection (f),
3 professional members shall be licensed under this act as
4 professional painters.
5 (c) Meeting.--The board shall meet within 30 days after the
6 appointment of its first members and shall set up operating
7 procedures and develop application forms for licensure. It shall
8 be the responsibility of the board to circulate the forms and
9 educate the public regarding the requirements of this act and
10 providing painting services in this Commonwealth.
11 (d) Term of membership.--Professional and public members
12 shall be appointed by the Governor with the advice and consent
13 of the Senate. Professional and public members shall be citizens
14 of the United States and residents of this Commonwealth. Except
15 as provided in subsection (e), a professional or public member
16 shall serve a term of four years, or until a successor has been
17 appointed and qualified but in no event longer than six months
18 beyond the four-year period. In the event that a member dies or
19 resigns or otherwise is disqualified during the member's term of
20 office, a successor shall be appointed in the same way and with
21 the same qualifications and shall hold office for the remainder
22 of the unexpired term. A professional or public member shall not
23 be eligible to hold more than two consecutive terms.
24 (e) Initial appointments.--For professional and public
25 members initially appointed to the board pursuant to this act,
26 the term of office shall be as follows:
27 (1) Five members shall serve for a term of four years.
28 (2) Two members shall serve for a term of three years.
29 (3) One member shall serve for a term of two years.
30 (f) Professional members and initial appointments.--A
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1 professional member initially appointed to the board pursuant to
2 this act need not be licensed at the time of appointment but
3 must have satisfied eligibility requirements for licensure as
4 provided in this act.
5 (g) Quorum.--A majority of the members of the board shall
6 constitute a quorum. Except for temporary and automatic
7 suspensions under section 15, a member may not be counted as
8 part of a quorum or vote on any issue unless the member is
9 physically in attendance at the meeting.
10 (h) Chairman.--The board shall annually select a chairman
11 from among its members. The board, with the approval of the
12 commissioner, shall select and fix the compensation of an
13 executive secretary who shall be responsible for the day-to-day
14 operation of the board and administration of the board's
15 activities.
16 (i) Expenses.--With the exception of the commissioner, each
17 member of the board shall receive $60 per diem when actually
18 attending to the work of the board. A member shall also receive
19 the amount of reasonable travel, hotel and other necessary
20 expenses incurred in the performance of the member's duties in
21 accordance with Commonwealth regulations.
22 (j) Forfeiture.--A professional or public member who fails
23 to attend three consecutive meetings shall forfeit his seat
24 unless the commissioner, upon written request from the member,
25 finds the member should be excused from a meeting because of
26 illness or the death of a family member.
27 (k) Training seminars.--A public member who fails to attend
28 two consecutive statutorily mandated training seminars in
29 accordance with section 813(e) of the act of April 9, 1929
30 (P.L.177, No.175), known as The Administrative Code of 1929,
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1 shall forfeit his seat unless the commissioner, upon written
2 request from the public member, finds that the public member
3 should be excused from a meeting because of illness or the death
4 of a family member.
5 (l) Frequency of meetings.--The board shall meet at least
6 four times a year in the City of Harrisburg and at such
7 additional times as may be necessary to conduct the business of
8 the board.
9 Section 4. Powers and duties of board.
10 (a) General rule.--The board shall have the following powers
11 and duties:
12 (1) To provide for and regulate the licensing of
13 individuals engaged in providing painting services.
14 (2) To issue, renew, reinstate, fail to renew, suspend
15 and revoke licenses as provided for in this act.
16 (3) To administer and enforce the provisions of this
17 act.
18 (4) To contract with a professional testing organization
19 to administer tests to qualified applicants for licensure as
20 provided in this act. Written, oral or practical examinations
21 shall be prepared and administered by a qualified and
22 approved professional testing organization in the manner
23 prescribed for written examinations by section 812.1 of the
24 act of April 9, 1929 (P.L.177, No.175), known as The
25 Administrative Code of 1929.
26 (5) To investigate applications for licensure and to
27 determine the eligibility of an individual applying for
28 licensure.
29 (6) To promulgate and enforce regulations, not
30 inconsistent with this act, as necessary only to carry out
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1 the provisions of this act. This paragraph includes the
2 setting of fees and setting the amount of professional
3 liability insurance required by professional painters.
4 Regulations shall be adopted in conformity with the
5 provisions of the act of July 31, 1968 (P.L.769, No.240),
6 referred to as the Commonwealth Documents Law, and the act of
7 June 25, 1982 (P.L.633, No.181), known as the Regulatory
8 Review Act.
9 (7) To keep minutes and records of all transactions and
10 proceedings.
11 (8) To keep and maintain a registry of individuals
12 licensed by the board. The board shall provide access to the
13 registry to the public, including making the registry
14 available via electronic means.
15 (9) To submit annually to the department an estimate of
16 financial requirements of the board for its administrative,
17 legal and other expenses.
18 (10) To submit annually a report to the Consumer
19 Protection and Professional Licensure Committee of the Senate
20 and the Professional Licensure Committee of the House of
21 Representatives. The report shall include a description of
22 the types of complaints received, status of cases, the action
23 which has been taken and the length of time from initial
24 complaint to final resolution.
25 (11) To submit annually to the Appropriations Committee
26 of the Senate and the Appropriations Committee of the House
27 of Representatives, 15 days after the Governor has submitted
28 a budget to the General Assembly, a copy of the budget
29 request for the upcoming fiscal year which the board
30 previously submitted to the department.
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1 Section 5. Licensure.
2 (a) General rule.--Except as provided in subsection (d), an
3 individual may not provide painting services, offer himself for
4 employment as an individual who may provide painting services or
5 hold himself out as an individual authorized to perform painting
6 services unless licensed by the board.
7 (b) Business entities.--An individual, corporation,
8 partnership, firm or other entity shall not:
9 (1) Employ an individual to provide painting services or
10 direct an individual to provide painting services unless the
11 individual is licensed under this act.
12 (2) Use the term "professional painter" or "professional
13 painting contractor" in connection with the entity unless at
14 least one employee or the owner of the entity is licensed as
15 a professional painter in accordance with this act.
16 (c) Title.--An individual who holds a license as a
17 professional painter or is maintained on inactive status
18 pursuant to section 9(b) shall have the right to use the title
19 "licensed professional painter" or "professional painting
20 contractor" and the abbreviation "L.P.P." or "P.P.C." No other
21 individual shall use the title "licensed professional painter"
22 or "professional painting contractor" or the abbreviation
23 "L.P.P." or "P.P.C." Except as provided in subsection (d), no
24 individual shall hold himself out as being authorized to provide
25 painting services.
26 (d) Exception.--A journeyman painter or an apprentice
27 painter may hold himself out as being authorized to perform
28 painting services if the journeyman painter or apprentice
29 painter works under the direction and supervision of a
30 professional painter.
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1 (e) Responsibility.--A professional painter shall assume
2 full responsibility for the inspection of painting services. In
3 addition, a professional painter shall direct and supervise
4 painting services performed by a journeyman painter or an
5 apprentice painter.
6 Section 6. Qualifications.
7 (a) Professional painter.--To be eligible to apply for
8 licensure as a professional painter, an applicant must fulfill
9 the following requirements:
10 (1) Be of good moral character.
11 (2) Be at least 18 years of age.
12 (3) Pay the fee set by the board.
13 (4) Pass the examination provided by the board.
14 (5) Provide satisfactory proof to the board of the
15 acquisition of professional liability insurance in the amount
16 set by the board.
17 (b) Journeyman painter.--To be eligible for licensure as a
18 journeyman painter, an applicant must fulfill the following
19 requirements:
20 (1) Be of good moral character.
21 (2) Be at least 18 years of age.
22 (3) Submit satisfactory proof to the board that the
23 applicant has provided painting services for not less than
24 three years as an apprentice painter or has served not less
25 than 6,000 hours as an apprentice painter. In no case shall
26 an individual be allowed to sit for the examination without
27 meeting one of the requirements of this paragraph.
28 (4) Pay the fee set by the board.
29 (5) Pass the examination provided by the board.
30 (c) Apprentice painter.--To be eligible for licensure as an
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1 apprentice painter, an applicant must fulfill the following
2 requirements:
3 (1) Be of good moral character.
4 (2) Be at least 16 years of age.
5 (3) Register with the Department of Labor and Industry
6 as set forth in the act of July 14, 1961 (P.L.604, No.304),
7 known as The Apprenticeship and Training Act. The apprentice
8 painter shall submit proof of current registration to the
9 board.
10 (4) Pay the fee set by the board.
11 (d) Renewal of license of apprentice painter.--In the case
12 of an apprentice painter applying for renewal of a license where
13 registration under subsection (c)(3) has expired or otherwise
14 lapsed before the biennial renewal cycle will expire, the
15 apprentice painter shall submit evidence satisfactory to the
16 board that the apprentice painter has renewed registration.
17 Failure to notify the board within 30 days that registration has
18 expired or otherwise lapsed shall subject the apprentice painter
19 to disciplinary action. In the case of an apprentice painter
20 whose registration has expired or otherwise lapsed, the license
21 shall immediately be placed on inactive status by the board. The
22 board shall promulgate regulations in order to carry out the
23 provisions of this subsection including regulations setting
24 forth the evidence necessary to demonstrate renewal of
25 registration.
26 (e) Waiver of examination.--Notwithstanding the provisions
27 of subsections (a)(4) and (b)(5), the board may grant a license
28 to an individual applying to become either a professional
29 painter or a journeyman painter without examination if:
30 (1) The individual applies within 180 days of the
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1 effective date of this section.
2 (2) The individual meets the requirements of age and
3 character and pays the required fee.
4 (3) For an individual applying for a license as a
5 professional painter under this subsection, the individual
6 submits proof satisfactory to the board of:
7 (i) Five years of prior experience providing
8 painting services within this Commonwealth.
9 (ii) Possession of a current business license as a
10 painter from a municipality or other agency recognized by
11 the board.
12 (4) For an individual applying for a license as a
13 journeyman painter under this subsection, the individual
14 submits satisfactory proof to the board of four years of
15 prior experience providing painting services under the
16 direction of an individual licensed as a painter by a
17 municipality or other entity recognized by the board.
18 (f) Convictions prohibited.--The board shall not issue a
19 license to an individual who has been convicted of a felonious
20 act prohibited by the act of April 14, 1972 (P.L.233, No.64),
21 known as The Controlled Substance, Drug, Device and Cosmetic
22 Act, or convicted of a felony relating to a controlled substance
23 in a court of law of the United States or any other state,
24 territory or country unless:
25 (1) At least ten years have elapsed from the date of
26 conviction.
27 (2) The individual satisfactorily demonstrates to the
28 board that the individual has made significant progress in
29 personal rehabilitation since the conviction such that
30 licensure of the individual should not be expected to create
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1 a substantial risk of harm to the health and safety of the
2 public or a substantial risk of further criminal violations.
3 (3) The individual otherwise satisfies the
4 qualifications provided in this act. An individual's
5 statement on the application declaring the absence of a
6 conviction shall be deemed satisfactory evidence of the
7 absence of a conviction unless the board has some evidence to
8 the contrary.
9 Section 7. Continuing education.
10 (a) Regulations.--The board shall adopt, promulgate and
11 enforce rules and regulations consistent with the provisions of
12 this act establishing continuing education to be met by
13 individuals licensed as professional painters and journeyman
14 painters. Regulations shall include any fees necessary for the
15 board to carry out its responsibilities under this section. The
16 board may waive all or part of the continuing education
17 requirement for a professional painter or a journeyman painter
18 who shows evidence satisfactory to the board that the individual
19 was unable to complete the requirement due to illness,
20 emergency, military service or other hardship. All courses,
21 materials, locations and instructors shall be approved by the
22 board. No credit shall be given for a course in office
23 management or practice building.
24 (b) Requirement.--Beginning with the licensure period
25 designated by regulation, an individual applying for renewal of
26 a license as a professional painter or a journeyman painter
27 shall be required to obtain six hours of continuing education
28 during the two calendar years immediately preceding the
29 application for renewal.
30 Section 8. Professional painters in other states.
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1 (a) Reciprocity established.--Subject to subsection (b), the
2 board may issue a license without examination to an individual
3 who is licensed as a professional painter or a journeyman
4 painter in any other state, territory or possession of the
5 United State if all of the following requirements are met:
6 (1) The individual meets the requirements as to
7 character, age and absence of convictions.
8 (2) The individual pays the required fee.
9 (b) Requirement.--For an individual to be eligible to apply
10 for a license as a professional painter or a journeyman painter
11 under subsection (a), the other state, territory or possession
12 of the United States must provide an opportunity for reciprocal
13 licensure which is substantially similar to the opportunity
14 provided by the Commonwealth under this section.
15 Section 9. Duration of license.
16 (a) Duration of license.--A license issued pursuant to this
17 act shall be on a biennial basis. The biennial expiration date
18 shall be established by regulation of the board. Application for
19 renewal of a license shall biennially be forwarded to an
20 individual holding a current license prior to the expiration
21 date of the current biennium. For individuals applying for
22 licensure as an apprentice painter, the application form must
23 indicate whether registration as an apprentice under the act of
24 July 14, 1961 (P.L.604, No.304), known as The Apprenticeship and
25 Training Act, has expired or otherwise lapsed before the
26 biennial renewal cycle will expire.
27 (b) Inactive status.--An individual licensed under this act
28 may request an application for inactive status. The application
29 form may be completed and returned to the board. Upon receipt of
30 an application, the individual shall be maintained on inactive
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1 status without fee and shall be entitled to apply for a
2 licensure renewal at any time. An individual who requests the
3 board to activate the individual's license and who has been on
4 inactive status shall, prior to receiving an active license,
5 satisfy the requirements of the board's regulations regarding
6 continuing education and remit the required fee. In the case of
7 an apprentice painter who is placed on inactive status pursuant
8 to section 6(d), the apprentice painter shall provide evidence
9 to the board of renewal of registration before the board may
10 activate his license. The board shall promulgate regulations to
11 carry out the provisions of this subsection.
12 Section 10. Reporting of multiple licensure.
13 A licensee who is licensed to perform painting services in
14 any other state, territory, possession of the United States or
15 country shall report this information to the board on the
16 biennial registration application. Any disciplinary action taken
17 in another state, territory, possession of the United States or
18 country shall be reported to the board on the biennial
19 registration application or within 90 days of final disposition,
20 whichever is sooner. Multiple licensure shall be noted by the
21 board on the individual's record, and such state, territory,
22 possession of the United States or country shall be notified by
23 the board of any disciplinary action taken against the licensee
24 in this Commonwealth.
25 Section 11. Fees, fines and civil penalties.
26 (a) Fees.--All fees required under this act shall be fixed
27 by the board by regulation and shall be subject to the act of
28 June 25, 1982 (P.L.633, No.181), known as the Regulatory Review
29 Act. If the revenues raised by the fees, fines and civil
30 penalties imposed under this act are not sufficient to meet
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1 expenditures over a two-year period, the board shall increase
2 those fees by regulation so that projected revenues will meet or
3 exceed projected expenditures.
4 (b) Fee increase.--If the Bureau of Professional and
5 Occupational Affairs determines that the fees established by the
6 board under subsection(a) are inadequate to meet the minimum
7 enforcement efforts required by this act, then the Bureau of
8 Professional and Occupational Affairs, after consultation with
9 the board and subject to the Regulatory Review Act, shall
10 increase the fees by regulation in an amount such that adequate
11 revenues are raised to meet the required enforcement effort.
12 (c) Account.--All fees, fines and civil penalties imposed in
13 accordance with this act shall be paid into the Professional
14 Licensure Augmentation Account established pursuant to and for
15 use in accordance with the act of July 1, 1978 (P.L.700,
16 No.124), known as the Bureau of Professional and Occupational
17 Affairs Fee Act.
18 (d) Renewal fee.--The board may charge a fee, as set by the
19 board by regulation, for licensure, for renewing licensure and
20 for other services of the board as permitted by this act or by
21 regulation.
22 Section 12. Violations.
23 (a) General rule.--An individual or the responsible officer
24 or employee of a corporation, partnership, firm or other entity
25 violating a provision of this act or a regulation of the board
26 commits a misdemeanor and, upon conviction, shall be sentenced
27 to pay a fine of not more than $1,000 or undergo imprisonment
28 for not more than six months for the first violation. For the
29 second and each subsequent conviction, the person convicted
30 shall be sentenced to pay a fine of not more than $2,000 or
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1 imprisonment of not less than six months or more than one year,
2 or both.
3 (b) Civil penalty.--In addition to any other civil remedy or
4 criminal penalty provided for in this act, the board by a vote
5 of the majority of the maximum number of the authorized
6 membership of the board as provided by law or by a vote of the
7 majority of the duly qualified and confirmed membership or a
8 minimum of five members, whichever is greater, may levy a civil
9 penalty up to $1,000 for any of the following:
10 (1) A licensee who violates a provision of this act.
11 (2) An individual who performs painting services in
12 violation of this act.
13 (3) An individual who holds himself out as an individual
14 authorized to perform painting services without being
15 properly licensed as provided in this act.
16 (4) The responsible officers or employees of a
17 corporation, partnership, firm or other entity violating a
18 provision of this act.
19 (c) Procedure.--The board shall levy the civil penalty set
20 forth in subsection (b) only after affording the accused the
21 opportunity for a hearing as provided in 2 Pa.C.S. (relating to
22 administrative law and procedure).
23 Section 13. Refusal to issue, suspend or revoke license.
24 (a) General rule.--The board may refuse to issue, suspend or
25 revoke a license in a case where the board finds:
26 (1) The licensee is negligent or incompetent in the
27 performance of painting services.
28 (2) The licensee is unable to perform painting services
29 with reasonable skill and safety by reason of mental or
30 physical illness or condition or physiological or
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1 psychological dependence upon alcohol, hallucinogenic or
2 narcotic drugs or other drugs which tend to impair judgment
3 or coordination, so long as such dependence shall continue.
4 In enforcing this paragraph, the board shall, upon probable
5 cause, have authority to compel a licensee to submit to a
6 mental or physical examination as designated by it. After
7 notice, hearing, adjudication and appeal, failure of a
8 licensee to submit to such examination when directed shall
9 constitute an admission of the allegations unless failure is
10 due to circumstances beyond the licensee's control,
11 consequent upon which a default and final order may be
12 entered without the taking of testimony or presentation of
13 evidence. A licensee affected under this paragraph shall at
14 reasonable intervals be afforded the opportunity to
15 demonstrate that he can resume competent, safe and skillful
16 performance of painting services.
17 (3) The licensee has violated any of the provisions of
18 this act or a regulation of the board.
19 (4) The licensee has committed fraud or deceit in:
20 (i) the performance of painting services; or
21 (ii) securing licensure.
22 (5) The licensee has been convicted of a felony or a
23 crime of moral turpitude or received probation without
24 verdict, disposition in lieu of trial or an Accelerated
25 Rehabilitative Disposition in the disposition of felony
26 charges, in the courts of this Commonwealth, the United
27 States, another state, territory, possession of the United
28 States or country.
29 (6) The licensee has had his license suspended or
30 revoked or has received other disciplinary action by the
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1 proper licensing authority in another state, territory,
2 possession of the United States or country.
3 (7) With respect to the performance of painting
4 services, the licensee has acted in such a manner as to
5 present an immediate and clear danger to health, safety or
6 property.
7 (8) With respect to a professional painter, the
8 professional painter failed to properly direct and supervise
9 a journeyman painter or an apprentice painter.
10 (9) The licensee possessed, used, acquired or
11 distributed a controlled substance.
12 (10) The licensee has been guilty of unprofessional
13 conduct. Unprofessional conduct shall include departure from
14 or failing to conform to operating practices or professional
15 standards embraced by the professional painters' community in
16 this Commonwealth. In a proceeding based on this paragraph,
17 actual injury to a person or damage to property need not be
18 established.
19 (11) The licensee falsely advertised or made misleading,
20 deceptive, untrue or fraudulent material representations
21 regarding licensure or in the performance of painting
22 services.
23 (12) Unless waived by the board in accordance with
24 section 7, the licensee failed to satisfy the continuing
25 education requirements of this act.
26 (b) Acts authorized.--When the board finds that the license
27 of an individual may be refused, suspended or revoked pursuant
28 to subsection (a), the board may:
29 (1) Deny the application for a license.
30 (2) Administer a public reprimand.
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1 (3) Suspend, revoke, limit or otherwise restrict a
2 license.
3 (4) Suspend enforcement of its finding and place a
4 licensee on probation with the right to vacate the
5 probationary order for noncompliance.
6 (5) Restore or reissue, at its discretion, a suspended
7 license and impose any disciplinary or corrective measure
8 which it might originally have imposed.
9 Section 14. Suspensions and revocations.
10 A suspension or revocation shall be made only in accordance
11 with the regulations of the board and only by majority vote of
12 the members of the board after a full and fair hearing. An
13 action of the board shall be taken subject to the right of
14 notice, hearing and adjudication, and the right of appeal, in
15 accordance with the provisions of 2 Pa.C.S. (relating to
16 administrative law and procedure). The board, by majority action
17 and in accordance with its regulations, may reissue a license
18 which has been suspended. If a license has been revoked, the
19 board shall reissue a license only in accordance with section
20 16.
21 Section 15. Temporary and automatic suspensions.
22 (a) General rule.--A license issued under this act may be
23 temporarily suspended under circumstances determined by the
24 board to be an immediate and clear danger to public health,
25 safety or property. The board shall issue an order to that
26 effect without a hearing, but upon due notice, to the licensee
27 concerned at the licensee's last known address, which shall
28 include a written statement of all allegations against the
29 licensee. The provisions of section 14 shall not apply to
30 temporary suspension. The board shall commence formal action to
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1 suspend, revoke or restrict the license of the individual as
2 otherwise provided for in this act. All actions shall be taken
3 promptly and without delay. Within 30 days following the
4 issuance of an order temporarily suspending a license, the board
5 shall conduct or cause to be conducted a preliminary hearing to
6 determine if there is a prima facie case supporting the
7 suspension. The individual whose license has been temporarily
8 suspended may be present at the preliminary hearing and may be
9 represented by counsel, cross-examine witnesses, inspect
10 physical evidence, call witnesses, offer evidence and testimony
11 and make a record of the proceedings. If it is determined that
12 there is not a prima facie case, the suspended license shall be
13 immediately restored. The temporary suspension shall remain in
14 effect until vacated by the board, but in no event longer than
15 180 days.
16 (b) Commitment of licensee.--A license issued under this act
17 shall automatically be suspended upon the legal commitment of a
18 licensee to an institution because of mental incompetence from
19 any cause upon filing with the board a certified copy of such
20 commitment, conviction of a felony under the act of April 14,
21 1972 (P.L.233, No.64), known as The Controlled Substance, Drug,
22 Device and Cosmetic Act, or conviction of an offense under the
23 laws of another jurisdiction, which, if committed in this
24 Commonwealth, would be a felony under The Controlled Substance,
25 Drug, Device and Cosmetic Act. Automatic suspension under this
26 subsection shall not be stayed pending an appeal of a
27 conviction. Restoration of the license shall be made as provided
28 in the case of revocation or suspension of a license.
29 Section 16. Reinstatement of license.
30 Unless ordered to do so by Commonwealth Court or an appeal
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1 therefrom, the board shall not reinstate the license of an
2 individual which has been revoked. An individual whose license
3 has been revoked may reapply for a license, after a period of at
4 least five years, but must meet all of the licensing
5 requirements of this act.
6 Section 17. 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, and upon conviction thereof,
10 shall be a misdemeanor of the third degree.
11 Section 18. Injunction.
12 Whenever, in the judgment of the board, a person has engaged
13 in 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. Upon a showing by the board that the person has
17 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 19. 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 it. The board is
3 authorized to apply to Commonwealth Court to enforce its
4 subpoenas. The court may impose limitations in 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 notify the board immediately upon receiving
10 notification of an alleged violation of this act or a regulation
11 of the board. The board shall maintain current records of all
12 reported alleged violations and periodically review the records
13 for the purpose of determining that each alleged violation has
14 been resolved in a timely manner.
15 Section 20. Municipalities.
16 (a) Municipal license prohibited.--Licensure under this act
17 shall be acceptable to a municipality in this Commonwealth as
18 proof of competence to perform painting services and no
19 municipality may require an individual licensed under this act
20 to obtain an additional license to perform painting services.
21 (b) Certain powers preserved.--Nothing in this act shall be
22 construed to prevent a municipality from doing any of the
23 following:
24 (1) Levying lawful taxes and fees.
25 (2) Requiring the purchase of a business privilege
26 license that is unrelated to demonstrating competence in the
27 performance of painting services.
28 (3) Denying or revoking local permits for failure to
29 comply with ordinances.
30 Section 21. Appropriation.
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1 The sum of $85,000 or as much as may be necessary is
2 appropriated from the Professional Licensure Augmentation
3 Account to the Department of State for the payment of costs
4 associated with processing licenses and renewing licenses, for
5 the operation of the State Board of Professional Painters and
6 for other costs associated with this act. The appropriation
7 shall be repaid by the board within three years of the beginning
8 of issuance of licenses by the board.
9 Section 22. Regulations.
10 Within 18 months of the effective date of this section, the
11 board shall promulgate regulations to carry out this act.
12 Section 23. Severability.
13 The provisions of this act are severable. If any provision of
14 this act or its application to any person or circumstance is
15 held invalid, the invalidity shall not affect other provisions
16 or applications of this act which can be given effect without
17 the invalid provision or application.
18 Section 24. Effective date.
19 This act shall take effect as follows:
20 (1) This section shall take effect immediately.
21 (2) Section 5 shall take effect in 180 days.
22 (3) The remainder of this act shall take effect in 60
23 days.
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