Regular Session 2019-2020 Senate Bill 0637 P.N. 1815

HOUSE AMENDED

PRIOR PRINTER'S NOS. 780, 1344, 1392,

1772

PRINTER'S NO. 1815

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

637

Session of

2019

INTRODUCED BY DiSANTO, SCHWANK, BAKER, GORDNER, MENSCH, COLLETT,

MARTIN, A. WILLIAMS, PHILLIPS-HILL, FARNESE, LEACH, BREWSTER,

BARTOLOTTA, TARTAGLIONE, K. WARD, KILLION, BLAKE, HAYWOOD AND

IOVINO, MAY 13, 2019

AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,

JUNE 23, 2020

AN ACT

Amending Title 18 (Crimes and Offenses) of the Pennsylvania

Consolidated Statutes, in criminal history record

information, further providing for use of records by

licensing agencies; and making related repeals.

AMENDING TITLES 18 (CRIMES AND OFFENSES) AND 63 (PROFESSIONS AND

OCCUPATIONS (STATE LICENSED)) OF THE PENNSYLVANIA

CONSOLIDATED STATUTES, IN CRIMINAL HISTORY RECORD

INFORMATION, FURTHER PROVIDING FOR USE OF RECORDS BY

LICENSING AGENCIES; PROVIDING FOR PRELIMINARY PROVISIONS AND

FOR BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS;

CONSOLIDATING THE PROVISIONS OF ACT 48 OF 1993; AND MAKING A

RELATED REPEAL.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 9124(a), (b) and (c) of Title 18 of the

Pennsylvania Consolidated Statutes are amended and the section

is amended by adding a subsection to read:

§ 9124. Use of records by licensing agencies.

(a) [State agencies.--Except as provided by this chapter]

Permissible use of information.--

<--

(1) Except as provided in subsection (e), a board,

commission or department of the Commonwealth, when

determining eligibility for licensing, certification,

registration or permission to engage in a trade, profession

or occupation, may consider convictions of the applicant of

crimes but the convictions shall not automatically preclude

the issuance of a license, certificate, registration or

permit.

(2) This subsection shall not apply to the Supreme

Court, or an entity of the Supreme Court, in its capacity to

govern the practice, procedure and conduct of all courts, the

admission to the bar, the practice of law, the administration

of all courts and supervision of all officers of the judicial

branch.

(b) Prohibited use of information.--The following

information shall not be used in consideration of an application

for a license, certificate, registration or permit:

(1) Records of arrest if there is no conviction of a

crime based on the arrest.

(2) Convictions which have been annulled [or], expunged

or subject to limited access under sections 9122.1 (relating

to petition for limited access) and 9122.2 (relating to clean

slate limited access).

(3) Convictions of a summary offense.

(4) Convictions for which the individual has received a

pardon from the Governor.

(5) Convictions which do not relate to the applicant's

suitability for the license, certificate, registration or

permit.

(6) Adjudications of delinquency.

20190SB0637PN1815 - 2 -

in subsection (e), boards, commissions or departments of the

Commonwealth authorized to license, certify, register or permit

the practice of trades, occupations or professions may refuse to

grant or renew, or may suspend or revoke any license,

certificate, registration or permit for the following causes:

(1) Where the applicant has been convicted of a felony.

(2) Where the applicant has been convicted of a

misdemeanor which relates to the trade, occupation or

profession for which the license, certificate, registration

or permit is sought.

* * *

(e) Bureau of Professional and Occupational Affairs.--

(1) A board or commission under the Bureau of

Professional and Occupational Affairs in the Department of

State, when determining eligibility for licensure,

certification, registration or permission to engage in a

profession or occupation, may consider convictions of the

applicant of crimes only in accordance with this section.

Convictions shall not automatically preclude the issuance of

a license, certificate, registration or permit.

(2) Notwithstanding any other provision of law

concerning licensing, certification, registration or

permitting in the various practice acts, in addition to the

restrictions in subsection (b), a board or commission under

the Bureau of Professional and Occupational Affairs shall not

consider a conviction which does not directly relate to the

duties, functions and responsibilities in the practice of the

profession or occupation for which the license, certificate,

registration or permit is sought, unless it is proven by the

20190SB0637PN1815 - 3 -

prosecutor for the board or commission by a preponderance of

the evidence and based on the individualized assessment

required by paragraph (3) that the applicant poses an

unacceptable risk to the people with whom the applicant would

interact in the conduct of the profession or occupation.

(3) A board or commission under the Bureau of

Professional and Occupational Affairs may refuse to grant or

renew, or may suspend, revoke or otherwise discipline a

license, certificate, registration or permit of an individual

based in whole or in part on a conviction of a crime if all

of the following apply:

(i) The individual has been convicted of a felony or

misdemeanor which directly relates to the duties,

functions and responsibilities in the practice of the

profession or occupation or which, based on the facts and

circumstances of the particular crime, demonstrates that

the individual poses an unacceptable risk to the people

with whom the individual would interact in the practice

of the profession or occupation.

(ii) The board or commission has conducted an

individualized assessment of the relation of the

conviction to the individual's overall suitability to

engage in the profession or occupation. An individualized

assessment conducted under this subparagraph shall

include a consideration of the particular facts or

circumstances surrounding the crime, the length of time

since the crime occurred and the grade and seriousness of

the crime.

(4) A board or commission under the Bureau of

Professional and Occupational Affairs may not refuse to grant

20190SB0637PN1815 - 4 -

or renew and may not suspend, revoke or otherwise discipline

a license, certificate, registration or permit under

paragraph (3) if the individual can present evidence of the

particular facts and circumstances surrounding the crime, and

the individual's overall criminal history record, which

demonstrates that the individual does not pose an

unacceptable risk to people with whom the individual would

interact in the conduct of the profession or occupation, and

if the individual can show rehabilitation and fitness to

perform the duties, functions and responsibilities in the

practice of the profession or occupation. Where the crime is

directly related to the duties, functions and

responsibilities in the practice of the profession or

occupation, the board or commission shall consider relevant

proof of any factor that would show that the individual does

not pose an unacceptable risk, demonstrate rehabilitation or

establish fitness to perform the duties of the profession or

occupation, including:

(i) Facts or circumstances regarding the crime.

(ii) Number of offenses for which the individual was

convicted.

(iii) Increase in age and maturity of the individual

since the date of the conviction for the crime or release

from a correctional institution.

(iv) The individual's criminal history, or lack of

criminal history, after the date of the crime while

engaged in the same or similar profession or occupation.

(v) Length and consistency of employment history

before and after the date of the crime.

(vi) Participation in education and training

20190SB0637PN1815 - 5 -

activities.

(vii) Employment or character references and any

other information regarding fitness for practice in the

profession or occupation.

(viii) Any other factor that would show the

individual does not pose an unacceptable risk, is capable

of being rehabilitated or is fit to perform the duties of

the profession or occupation.

(5) An applicant with a criminal history who, based on a

review of the regulations published by the board or

commission under paragraph (9) is unable to determine whether

the applicant's criminal record would preclude the issuance

of a license, certificate, registration or permit, may file a

petition for preliminary review with the board or commission

under the Bureau of Professional and Occupational Affairs

seeking a preliminary decision on whether the applicant's

criminal history would disqualify the applicant from

receiving a license, certificate, registration or permit,

subject to the following:

(i) If the petition is filed separately from a

formal application for a license, certificate,

registration or permit, the board or commission shall

issue a preliminary decision within 45 days. The

preliminary decision shall be limited to a declaration of

whether a conviction on the petitioner's criminal history

record falls within the set of convictions that the board

or commission has previously determined may be directly

related to the profession or occupation over which the

board or commission has authority.

(ii) In the event that the board or commission

20190SB0637PN1815 - 6 -

determines a conviction on the petitioner's criminal

history record is directly related to the duties,

functions and responsibilities in the practice of the

profession or occupation, the notice of the preliminary

decision shall inform the petitioner that the

determination is not final or binding as to whether the

petitioner qualifies for a license, certificate,

registration or permit, and that the petitioner has the

opportunity to present evidence of the factors specified

in paragraph (4) in connection with any subsequent formal

application for a license, certificate, registration or

permit.

(iii) The board or commission may charge a filing

fee, which shall not exceed $45, to be paid for each

petition for preliminary review filed. On or after

January 1, 2022, the board or commission may establish by

regulation reasonable fees which may not exceed an amount

sufficient to reimburse the board or commission for the

administrative costs associated with processing the

petition for preliminary review. The board or commission

shall make available forms for petitioners to request in

forma pauperis status in connection with a petition. The

board or commission may not unreasonably deny in forma

pauperis status. A petitioner granted in forma pauperis

status shall be permitted to file a petition and receive

a preliminary decision without payment of the filing fee.

(iv) Except for the petitioner filing the petition,

a preliminary decision issued by a board, commission or

the department as a result of a petition for preliminary

review shall have no precedential value and may not be

20190SB0637PN1815 - 7 -

relied upon by individuals applying for a license,

certificate, registration or permit.

(6) Each board or commission under the Bureau of

Professional and Occupational Affairs shall provide, on their

publicly accessible Internet website, a standardized form for

an applicant to petition for a preliminary review and shall

issue preliminary decisions upon promulgating final

regulations in accordance with paragraph (9) or within 18

months, whichever is sooner.

(7) A board or commission under the Bureau of

Professional and Occupational Affairs may not consider moral

character to make determinations of whether to grant or

renew, deny, suspend, revoke or otherwise discipline a

license, certificate, registration or permit.

(8) A board or commission under the Bureau of

Professional and Occupational Affairs may only consider

criminal history records and make determinations of whether

to grant or renew, deny, suspend, revoke or otherwise

discipline a license, certificate, registration or permit in

accordance with the limitations under this subsection. A

crime of moral turpitude may only be considered as grounds to

deny, revoke or otherwise discipline a license, certificate,

registration or permit if the board or commission has

determined that a conviction for such crime is directly

related to the duties, functions and responsibilities in the

practice of the profession or occupation or that the

individual poses an unacceptable risk to people with whom the

individual would interact in the conduct of the profession or

occupation. The provisions of this section shall supersede

any law or regulation to the contrary.

20190SB0637PN1815 - 8 -

(9) Each board or commission under the Bureau of

Professional and Occupational Affairs shall, within 18 months

from the effective date of this section, promulgate final

regulations, following public notice and comments, regarding

the consideration of criminal history records as part of the

determination of whether to grant, deny, renew, suspend,

revoke or otherwise discipline a license, certificate,

registration or permit. The regulations shall include the

prescribed petition fee, as well as an explanation of the

convictions the board or commission has determined are

directly related to the duties, functions and

responsibilities in the practice of the profession or

occupation regulated by the board or commission.

Section 2. Repeals are as follows:

(1) The General Assembly declares that the repeals under

paragraph (2) are necessary to effectuate the amendment or

addition of 18 Pa.C.S. § 9124(a), (b), (c) and (e).

(2) The following acts and parts of acts are repealed:

(i) The penultimate and last sentence of section

3(c) of the act of May 1, 1933 (P.L.216, No.76), known as

The Dental Law, which read as follows: "The board shall

not issue a license to an applicant who has been

convicted of a felony under the act of April 14, 1972

(P.L.233, No.64), known as 'The Controlled Substance,

Drug, Device and Cosmetic Act,' or of an offense under

the laws of another jurisdiction which if committed in

this Commonwealth would be a felony under 'The Controlled

Substance, Drug, Device and Cosmetic Act,' unless: (1) at

least ten (10) years have elapsed from the date of

conviction, (2) the applicant satisfactorily demonstrates

20190SB0637PN1815 - 9 -

to the board that he has made significant progress in

personal rehabilitation since the conviction such that

licensure of the applicant should not be expected to

create a substantial risk of harm to the health and

safety of his patients or the public or a substantial

risk of further criminal violations, and (3) the

applicant otherwise satisfies the qualifications

contained in or authorized by this act. As used in this

section the term 'convicted' shall include a judgment, an

admission of guilt or a plea of nolo contendere."

(ii) Section 10.1(b) of the act of May 23, 1945

(P.L.913, No.367), known as the Engineer, Land Surveyor

and Geologist Registration Law.

(iii) Section 6(c) of the act of May 22, 1951

(P.L.317, No.69), known as The Professional Nursing Law.

(iv) The antepenultimate, penultimate and last

sentence of section 5 of the act of March 2, 1956 (1955

P.L.1211, No.376), known as the Practical Nurse Law,

which read as follows: "The board shall not issue a

license or certificate to an applicant who has been

convicted of a felonious act prohibited by the act of

April 14, 1972 (P.L.233, No.64), known as 'The Controlled

Substance, Drug, Device and Cosmetic Act,' or convicted

of a felony relating to a controlled substance in a court

of law of the United States or any other state, territory

or country unless:

(1) at least ten (10) years have elapsed from

the date of conviction;

(2) the applicant satisfactorily demonstrates to

the board that he has made significant progress in

20190SB0637PN1815 - 10 -

personal rehabilitation since the conviction such

that licensure of the applicant should not be

expected to create a substantial risk of harm to the

health and safety of patients or the public or a

substantial risk of further criminal violations; and

(3) the applicant otherwise satisfies the

qualifications contained in or authorized by this

act.

As used in this section the term 'convicted' shall

include a judgment, an admission of guilt or a plea of

nolo contendere. An applicant's statement on the

application declaring the absence of a conviction shall

be deemed satisfactory evidence of the absence of a

conviction, unless the board has some evidence to the

contrary."

(v) Section 3(a)(6) of the act of September 27, 1961

(P.L.1700, No.699), known as the Pharmacy Act.

(vi) Section 6(a)(5) of the act of March 23, 1972

(P.L.136, No.52), known as the Professional Psychologists

Practice Act.

(vii) Section 9(b)(4) of the act of December 27,

1974 (P.L.995, No.326), known as the Veterinary Medicine

Practice Act.

(viii) The penultimate and last sentence of section

6(a) of the act of October 10, 1975 (P.L.383, No.110),

known as the Physical Therapy Practice Act, which read as

follows: "The board shall not issue a license to an

applicant who has been convicted of a felony under the

act of April 14, 1972 (P.L.233, No.64), known as 'The

Controlled Substance, Drug, Device and Cosmetic Act,' or

20190SB0637PN1815 - 11 -

of an offense under the laws of another jurisdiction

which, if committed in this Commonwealth, would be a

felony under 'The Controlled Substance, Drug, Device and

Cosmetic Act,' unless:

(1) at least ten years have elapsed from the

date of conviction;

(2) the applicant satisfactorily demonstrates to

the board that he has made significant progress in

personal rehabilitation since the conviction such

that licensure of the applicant should not be

expected to create a substantial risk of harm to the

health and safety of patients or the public or a

substantial risk of further criminal violations; and

(3) the applicant otherwise satisfies the

qualifications contained in or authorized by this

act.

As used in this subsection the term 'convicted' includes

a judgment, an admission of guilt or a plea of nolo

contendere."

(ix) Section 6(c) of the act of October 5, 1978

(P.L.1109, No.261), known as the Osteopathic Medical

Practice Act.

(x) Section 4(d) of the act of June 6, 1980

(P.L.197, No.57), known as the Optometric Practice and

Licensure Act.

(xi) The penultimate and last sentence of section

22(b) of the act of December 20, 1985 (P.L.457, No.112),

known as the Medical Practice Act of 1985, which read as

follows: "The board shall not issue a license or

certificate to an applicant who has been convicted of a

20190SB0637PN1815 - 12 -

felony under the act of April 14, 1972 (P.L.233, No.64),

known as The Controlled Substance, Drug, Device and

Cosmetic Act, or of an offense under the laws of another

jurisdiction which, if committed in this Commonwealth,

would be a felony under The Controlled Substance, Drug,

Device and Cosmetic Act, unless:

(1) at least ten years have elapsed from the

date of conviction;

(2) the applicant satisfactorily demonstrates to

the board that he has made significant progress in

personal rehabilitation since the conviction such

that licensure of the applicant should not be

expected to create a substantial risk of harm to the

health and safety of his patients or the public or a

substantial risk of further criminal violations; and

(3) the applicant otherwise satisfies the

qualifications contained in or authorized by this

act.

As used in this section the term 'convicted' shall

include a judgment, an admission of guilt or a plea of

nolo contendere."

(xii) Section 501(a)(7) of the act of December 16,

1986 (P.L.1646, No.188), known as the Chiropractic

Practice Act.

(xiii) Section 7(a)(5), (d)(6), (e)(6), (f)(6) and

(g)(5) of the act of July 9, 1987 (P.L.220, No.39), known

as the Social Workers, Marriage and Family Therapists and

Professional Counselors Act.

(xiv) Section 502(c)(1) of the act of October 9,

2008 (P.L.1363, No.100), known as the Crane Operator

20190SB0637PN1815 - 13 -

Licensure Act.

(xv) Section 5(a)(6) of the act of October 9, 2008

(P.L.1438, No.118), known as the Massage Therapy Law.

(xvi) The provision of any act that is inconsistent

with this act.

Section 3. This act shall take effect in 90 days.

SECTION 1. SECTION 9124(A) AND (B)(2) OF TITLE 18 OF THE

PENNSYLVANIA CONSOLIDATED STATUTES ARE AMENDED AND THE SECTION

IS AMENDED BY ADDING A SUBSECTION TO READ:

§ 9124. USE OF RECORDS BY LICENSING AGENCIES.

(A) STATE AGENCIES.--EXCEPT AS PROVIDED BY THIS CHAPTER AND

SPECIFICALLY SUBSECTION (A.1), A BOARD, COMMISSION OR DEPARTMENT

OF THE COMMONWEALTH, WHEN DETERMINING ELIGIBILITY FOR LICENSING,

CERTIFICATION, REGISTRATION OR PERMISSION TO ENGAGE IN A TRADE,

PROFESSION OR OCCUPATION, MAY CONSIDER CONVICTIONS OF THE

APPLICANT OF CRIMES BUT THE CONVICTIONS SHALL NOT PRECLUDE THE

ISSUANCE OF A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT.

(A.1) APPLICATION OF OTHER LAW.--THE FOLLOWING PROVISIONS

SHALL APPLY TO A LICENSING BOARD OR LICENSING COMMISSION UNDER

THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS IN THE

DEPARTMENT OF STATE WITH RESPECT TO REFUSING TO ISSUE OR RENEW,

SUSPENDING, REVOKING OR LIMITING A LICENSE, CERTIFICATE,

REGISTRATION OR PERMIT:

(1) 63 PA.C.S. § 3112 (RELATING TO RESTRICTED LICENSES

FOR BARBERS AND COSMETOLOGISTS).

(2) 63 PA.C.S. § 3112.1 (RELATING TO RESTRICTED LICENSES

FOR OTHER OCCUPATIONS).

(3) 63 PA.C.S. § 3113 (RELATING TO CONSIDERATION OF

CRIMINAL CONVICTIONS).

(4) 63 PA.C.S. § 3114 (RELATING TO JUVENILE

20190SB0637PN1815 - 14 -

<--

ADJUDICATIONS).

(5) 63 PA.C.S. § 3115 (RELATING TO PRELIMINARY

DETERMINATIONS BY LICENSING BOARDS AND LICENSING

COMMISSIONS).

(6) 63 PA.C.S. § 3116 (RELATING TO BEST PRACTICES

GUIDE).

(7) 63 PA.C.S. § 3117 (RELATING TO LIST OF CRIMINAL

OFFENSES).

(B) PROHIBITED USE OF INFORMATION.--THE FOLLOWING

INFORMATION SHALL NOT BE USED IN CONSIDERATION OF AN APPLICATION

FOR A LICENSE, CERTIFICATE, REGISTRATION OR PERMIT:

* * *

(2) CONVICTIONS WHICH HAVE BEEN ANNULLED [OR EXPUNGED.],

EXPUNGED OR SUBJECT TO LIMITED ACCESS UNDER SECTIONS 9122.1

(RELATING TO PETITION FOR LIMITED ACCESS) AND 9122.2

(RELATING TO CLEAN SLATE LIMITED ACCESS).

* * *

SECTION 2. TITLE 63 IS AMENDED BY ADDING PARTS TO READ:

PART I

PRELIMINARY PROVISIONS

(RESERVED)

PART II

BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER

31. POWERS AND DUTIES

CHAPTER 31

POWERS AND DUTIES

SEC.

3101. SCOPE OF CHAPTER.

3102. DEFINITIONS.

20190SB0637PN1815 - 15 -

3103. INVESTIGATORY SUBPOENA POWER.

3104. REPORTING OF SANCTIONS AND CRIMINAL PROCEEDINGS.

3105. HEARING EXAMINERS.

3106. SUSPENSION.

3107. ADDITIONAL POWERS FOR COMMISSIONER.

3108. CIVIL PENALTIES.

3109. CONFIDENTIALITY OF RECORDS OF LICENSURE BOARDS.

3110. REPORTS.

3111. LICENSURE BY ENDORSEMENT.

3112. RESTRICTED LICENSES FOR BARBERS AND COSMETOLOGISTS.

3112.1. RESTRICTED LICENSES FOR OTHER OCCUPATIONS.

3113. CONSIDERATION OF CRIMINAL CONVICTIONS.

3114. JUVENILE ADJUDICATIONS.

3115. PRELIMINARY DETERMINATIONS BY LICENSING BOARDS AND

LICENSING COMMISSIONS.

3116. BEST PRACTICES GUIDE.

3117. LIST OF CRIMINAL OFFENSES.

3118. REPORT TO GENERAL ASSEMBLY.

§ 3101. SCOPE OF CHAPTER.

THIS CHAPTER RELATES TO THE POWERS AND DUTIES OF THE GENERAL

COUNSEL, THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS AND

LICENSING BOARDS AND LICENSING COMMISSIONS.

§ 3102. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"BUREAU." THE BUREAU OF PROFESSIONAL AND OCCUPATIONAL

AFFAIRS IN THE DEPARTMENT OF STATE.

"COMMISSIONER." THE COMMISSIONER OF THE BUREAU.

"CRIMINAL CONVICTION." INCLUDES A FINDING OF GUILTY, A PLEA

20190SB0637PN1815 - 16 -

OF GUILTY OR A PLEA OF NOLO CONTENDERE WITH RESPECT TO A

CRIMINAL OFFENSE OF THIS COMMONWEALTH, OR AN EQUIVALENT CRIME

UNDER THE LAWS OF THIS COMMONWEALTH IN EFFECT AT THE TIME OF THE

COMMISSION OF THE CRIMINAL OFFENSE OR AN EQUIVALENT CRIME IN

ANOTHER JURISDICTION.

"DIRECTLY RELATES." THE NATURE OF THE CRIMINAL CONDUCT FOR

WHICH THE PERSON WAS CONVICTED HAS A DIRECT BEARING ON THE

FITNESS OR ABILITY TO PERFORM ONE OR MORE OF THE DUTIES OR

RESPONSIBILITIES NECESSARILY RELATED TO THE PROFESSION, TRADE OR

OCCUPATION FOR WHICH THE INDIVIDUAL SEEKS LICENSURE.

"DISCIPLINARY MATTER." A MATTER SUBJECT TO A LICENSING

BOARD'S OR LICENSING COMMISSION'S JURISDICTION IN WHICH THE

LICENSING BOARD OR LICENSING COMMISSION HAS THE AUTHORITY TO

REFUSE, SUSPEND, REVOKE OR LIMIT A LICENSE, REGISTRATION,

CERTIFICATE OR PERMIT OR TO IMPOSE A CIVIL PENALTY OR OTHER

DISCIPLINE UNDER AN ACT.

"EXPUNGE" OR "EXPUNGEMENT." REMOVAL OF A DISCIPLINARY

RECORD, ACCOMPLISHED BY:

(1) PERMANENTLY SEALING THE AFFECTED RECORD FROM PUBLIC

ACCESS;

(2) DEEMING THE PROCEEDINGS TO WHICH THE AFFECTED RECORD

REFERS AS NOT HAVING OCCURRED; AND

(3) EXCEPT WITH RESPECT TO ANY SUBSEQUENT APPLICATION

FOR EXPUNGEMENT, AFFORDING THE AFFECTED PARTY THE RIGHT TO

REPRESENT THAT NO RECORD EXISTS REGARDING THE SUBJECT MATTER

OF THE AFFECTED RECORD.

"LICENSEE." A PERSON HOLDING A LICENSE, REGISTRATION,

CERTIFICATE OR PERMIT WITH A LICENSING BOARD OR LICENSING

COMMISSION UNDER THE BUREAU.

"LICENSING BOARD." A DEPARTMENTAL OR ADMINISTRATIVE BOARD

20190SB0637PN1815 - 17 -

UNDER THE BUREAU.

"LICENSING COMMISSION." A DEPARTMENTAL OR ADMINISTRATIVE

COMMISSION UNDER THE BUREAU.

"RIGHT-TO-KNOW LAW." T HE ACT OF FEBRUARY 14, 2008 (P.L.6,

NO.3), KNOWN AS THE RIGHT-TO-KNOW LAW.

§ 3103. INVESTIGATORY SUBPOENA POWER.

THE GENERAL COUNSEL OR A DESIGNEE OF THE GENERAL COUNSEL

SHALL HAVE THE POWER AND DUTY TO ISSUE SUBPOENAS UPON

APPLICATION OF AN ATTORNEY RESPONSIBLE FOR REPRESENTING THE

COMMONWEALTH IN DISCIPLINARY MATTERS BEFORE A LICENSING BOARD OR

LICENSING COMMISSION FOR THE PURPOSE OF INVESTIGATING ALLEGED

VIOLATIONS OF THE DISCIPLINARY PROVISIONS ADMINISTERED BY A

LICENSING BOARD OR LICENSING COMMISSION. THE FOLLOWING APPLY:

(1) IF DISCLOSURE IS SUBJECT TO A PRIVILEGE PROVIDED BY

LAW, PATIENT OR CLIENT RECORDS MAY NOT BE SUBPOENAED WITHOUT

THE CONSENT OF THE PATIENT OR CLIENT OR WITHOUT ORDER OF A

COURT OF COMPETENT JURISDICTION SHOWING THAT THE RECORDS ARE

REASONABLY NECESSARY FOR THE CONDUCT OF THE INVESTIGATION.

(2) THE COURT MAY IMPOSE SUCH LIMITATION ON THE SCOPE OF

THE SUBPOENA AS MAY BE NECESSARY TO PREVENT UNNECESSARY

INTRUSION INTO PATIENT OR CLIENT CONFIDENTIAL INFORMATION.

(3) THE ATTORNEY RESPONSIBLE FOR REPRESENTING THE

COMMONWEALTH IN DISCIPLINARY MATTERS BEFORE A LICENSING BOARD

OR LICENSING COMMISSION IS AUTHORIZED TO APPLY TO

COMMONWEALTH COURT TO ENFORCE THE SUBPOENAS.

(4) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO EXCUSE

A PERSON FROM PRODUCING DOCUMENTS AND RECORDS AS REQUESTED BY

A LICENSING BOARD OR LICENSING COMMISSION UNDER ANY OTHER

PROVISION OF LAW.

§ 3104. REPORTING OF SANCTIONS AND CRIMINAL PROCEEDINGS.

20190SB0637PN1815 - 18 -

(A) DUTY.--A LICENSEE, AS A CONDITION OF LICENSURE,

CERTIFICATION, REGISTRATION OR HOLDING A PERMIT, SHALL PROVIDE

WRITTEN NOTICE OF THE FOLLOWING TO THE APPROPRIATE LICENSING

BOARD OR LICENSING COMMISSION WITHIN 30 DAYS:

(1) A DISCIPLINARY ACTION TAKEN AGAINST THE LICENSEE BY

A LICENSING AGENCY OF ANOTHER JURISDICTION.

(2) A FINDING OR VERDICT OF GUILT, AN ADMISSION OF

GUILT, A PLEA OF NOLO CONTENDERE, PROBATION WITHOUT VERDICT,

A DISPOSITION IN LIEU OF TRIAL OR AN ACCELERATED

REHABILITATIVE DISPOSITION OF A FELONY OR MISDEMEANOR

OFFENSE.

(B) SANCTIONS.--A LICENSING BOARD OR LICENSING COMMISSION

MAY TAKE DISCIPLINARY ACTION AGAINST A LICENSEE WHO VIOLATES

THIS SECTION.

§ 3105. HEARING EXAMINERS.

(A) APPOINTMENT.--

(1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, THE

COMMISSIONER, AFTER CONSULTATION WITH THE LICENSING BOARDS

AND LICENSING COMMISSIONS, SHALL APPOINT HEARING EXAMINERS AS

MAY BE NECESSARY TO CONDUCT HEARINGS IN DISCIPLINARY MATTERS

BEFORE A LICENSING BOARD OR LICENSING COMMISSION.

(2) EACH LICENSING BOARD AND LICENSING COMMISSION SHALL

HAVE THE POWER TO DECIDE IF A SPECIFIC DISCIPLINARY MATTER OR

TYPE OF DISCIPLINARY MATTER IS TO BE HEARD BY THE LICENSING

BOARD OR LICENSING COMMISSION ITSELF OR BY A HEARING EXAMINER

APPOINTED UNDER THIS SUBSECTION.

(B) REGULATIONS.--THE COMMISSIONER, AFTER CONSULTATION WITH

THE LICENSING BOARDS AND COMMISSIONS, SHALL HAVE THE POWER TO

PROMULGATE REGULATIONS SPECIFYING THE PROCEDURAL RULES TO BE

FOLLOWED BY HEARING EXAMINERS IN THE CONDUCT OF HEARINGS IN

20190SB0637PN1815 - 19 -

DISCIPLINARY MATTERS BEFORE A LICENSING BOARD OR LICENSING

COMMISSION. ALL PROCEEDINGS SHALL BE CONDUCTED IN ACCORDANCE

WITH THE PROVISIONS OF 2 PA.C.S. (RELATING TO ADMINISTRATIVE LAW

AND PROCEDURE).

(1) CONDUCT HEARINGS IN ACCORDANCE WITH APPLICABLE

STATUTES, RULES AND REGULATIONS.

(2) ISSUE SUBPOENAS REQUIRING THE ATTENDANCE AND

TESTIMONY OF INDIVIDUALS OR THE PRODUCTION OF PERTINENT

RECORDS OR OTHER PAPERS BY PERSONS WHO, IN THE OPINION OF THE

HEARING EXAMINER, HAVE INFORMATION RELEVANT TO ANY MATTERS

PENDING BEFORE THE HEARING EXAMINER AND TO ISSUE DECISIONS.

(D) TIME PERIODS.--

(1) IN ALL DISCIPLINARY MATTERS BEFORE A LICENSING BOARD

OR LICENSING COMMISSION, HEARINGS SHALL COMMENCE WITHIN 90

DAYS AFTER THE DATE ON WHICH AN ANSWER IS FILED.

(2) A CONTINUANCE GRANTED PRIOR TO THE COMMENCEMENT OF

THE HEARING SHALL TOLL THE 90-DAY REQUIREMENT BY THE PERIOD

OF THE CONTINUANCE.

(3) A DECISION SHALL BE RENDERED WITHIN 180 DAYS AFTER

THE RECORD IS CLOSED.

(4) THE LICENSING BOARD OR LICENSING COMMISSION SHALL

RENDER A FINAL ADJUDICATION OR DECISION ON ANY EXCEPTIONS TO

THE DECISION OF A HEARING EXAMINER OR ANY APPLICATIONS FOR

REVIEW WITHIN 90 DAYS OF THE FILING OF THE EXCEPTIONS OR

APPLICATIONS, PROVIDED THAT A BOARD OR COMMISSION MAY

DELEGATE TO A HEARING EXAMINER THE AUTHORITY TO RENDER A

FINAL ADJUDICATION OR DECISION IN SUCH CASES AS DEEMED

APPROPRIATE.

§ 3106. SUSPENSION.

20190SB0637PN1815 - 20 -

(A) TEMPORARY SUSPENSION.--A LICENSING BOARD OR LICENSING

COMMISSION MAY TEMPORARILY SUSPEND A LICENSE, CERTIFICATE,

REGISTRATION OR PERMIT UNDER CIRCUMSTANCES AS DETERMINED BY THE

LICENSING BOARD OR LICENSING COMMISSION TO BE AN IMMEDIATE AND

CLEAR DANGER TO PUBLIC HEALTH AND SAFETY. THE FOLLOWING APPLY:

(1) THE LICENSING BOARD OR COMMISSION SHALL ISSUE AN

ORDER TO THAT EFFECT WITHOUT A HEARING, BUT UPON DUE NOTICE,

TO THE LICENSEE CONCERNED AT THE LICENSEE'S LAST KNOWN

ADDRESS, WHICH SHALL INCLUDE A WRITTEN STATEMENT OF ALL

ALLEGATIONS AGAINST THE LICENSEE.

(2) AFTER ISSUING THE ORDER UNDER PARAGRAPH (1), THE

LICENSING BOARD OR LICENSING COMMISSION SHALL COMMENCE FORMAL

ACTION TO SUSPEND, REVOKE OR RESTRICT THE LICENSE,

CERTIFICATE, REGISTRATION OR PERMIT OF THE PERSON CONCERNED

AS OTHERWISE PROVIDED FOR BY LAW.

(3) ALL ACTIONS SHALL BE TAKEN PROMPTLY AND WITHOUT

DELAY.

(B) HEARING.--WITHIN 30 DAYS FOLLOWING THE ISSUANCE OF AN

ORDER OF TEMPORARY SUSPENSION, THE LICENSING BOARD OR LICENSING

COMMISSION SHALL CONDUCT OR CAUSE TO BE CONDUCTED A PRELIMINARY

HEARING TO DETERMINE WHETHER THERE IS A PRIMA FACIE CASE

SUPPORTING THE SUSPENSION. THE FOLLOWING APPLY:

(1) THE LICENSEE WHOSE LICENSE, CERTIFICATE,

REGISTRATION OR PERMIT HAS BEEN TEMPORARILY SUSPENDED MAY:

(I) BE PRESENT AT THE PRELIMINARY HEARING;

(II) BE REPRESENTED BY COUNSEL;

(III) CROSS-EXAMINE WITNESSES;

(IV) INSPECT PHYSICAL EVIDENCE;

(V) CALL WITNESSES;

(VI) OFFER EVIDENCE AND TESTIMONY; AND

20190SB0637PN1815 - 21 -

(VII) MAKE A RECORD OF THE PROCEEDINGS.

(2) IF IT IS DETERMINED THAT THERE IS NOT A PRIMA FACIE

CASE, THE SUSPENDED LICENSE, CERTIFICATE, REGISTRATION OR

PERMIT SHALL BE IMMEDIATELY RESTORED.

(3) THE TEMPORARY SUSPENSION SHALL REMAIN IN EFFECT

UNTIL VACATED BY THE LICENSING BOARD OR LICENSING COMMISSION,

BUT IN NO EVENT LONGER THAN 180 DAYS.

REGISTRATION OR PERMIT SHALL BE MADE AS PROVIDED BY LAW IN THE

CASE OF REVOCATION OR SUSPENSION OF THE LICENSE, CERTIFICATE,

REGISTRATION OR PERMIT.

§ 3107. ADDITIONAL POWERS FOR COMMISSIONER.

(A) MEMBERSHIP ON BOARDS AND COMMISSIONS.--IN ADDITION TO

THE POWERS AND DUTIES IMPOSED UNDER LAW, THE COMMISSIONER OR A

DESIGNEE OF THE COMMISSIONER SHALL BE A MEMBER OF EACH OF THE

LICENSING BOARDS AND LICENSING COMMISSIONS EXCEPT THE STATE

BOARD OF CERTIFIED REAL ESTATE APPRAISERS AND THE NAVIGATION

COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES.

(B) DESIGNEE OF SECRETARY OF THE COMMONWEALTH.--THE

COMMISSIONER OR A DESIGNEE OF THE COMMISSIONER MAY SERVE AS THE

DESIGNEE OF THE SECRETARY OF THE COMMONWEALTH ON THE NAVIGATION

COMMISSION FOR THE DELAWARE RIVER AND ITS NAVIGABLE TRIBUTARIES.

§ 3108. CIVIL PENALTIES.

(A) AUTHORIZATION.--

(1) THE COMMISSIONER, AFTER CONSULTATION WITH THE

LICENSING BOARDS AND LICENSING COMMISSIONS, SHALL HAVE THE

POWER TO ADOPT A SCHEDULE OF CIVIL PENALTIES FOR OPERATING

WITHOUT A CURRENT, REGISTERED, UNSUSPENDED AND UNREVOKED

LICENSE, REGISTRATION, CERTIFICATE OR PERMIT AND FOR

VIOLATING A PROVISION OF THE LICENSING BOARD'S OR LICENSING

20190SB0637PN1815 - 22 -

COMMISSION'S RESPECTIVE ACTS OR REGULATIONS RELATING TO THE

CONDUCT OR OPERATION OF A BUSINESS OR FACILITY LICENSED BY

THE LICENSING BOARDS AND LICENSING COMMISSIONS. THE FOLLOWING

APPLY:

(I) THE SCHEDULE OF PENALTIES SHALL NOT BE

APPLICABLE TO DISCIPLINARY MATTERS UNDER THE JURISDICTION

OF A LICENSING BOARD OR LICENSING COMMISSION UNLESS THAT

LICENSING BOARD OR LICENSING COMMISSION HAS APPROVED THE

SCHEDULE.

(II) THE COMMISSION COMMISSIONER SHALL TRANSMIT

NOTICE OF THE ADOPTION OF THE SCHEDULE OF PENALTIES,

GUIDELINES FOR THE IMPOSITION OF THE SCHEDULE OF

PENALTIES AND PROCEDURES FOR APPEAL TO THE LEGISLATIVE

REFERENCE BUREAU FOR PUBLICATION IN THE PENNSYLVANIA

BULLETIN. THE COMMISSIONER SHALL, WITHIN TWO YEARS OF THE

PUBLICATION OF THE NOTICE, PROMULGATE A REGULATION

SPECIFYING THE SCHEDULE OF PENALTIES, GUIDELINES AND

PROCEDURES.

(III) A PENALTY SHALL NOT EXCEED THE SUM OF $1,000

PER VIOLATION.

(IV) DULY AUTHORIZED AGENTS OF THE BUREAU SHALL HAVE

THE POWER AND AUTHORITY TO ISSUE CITATIONS AND IMPOSE

PENALTIES FOR VIOLATIONS.

(V) A PENALTY IMPOSED MAY BE APPEALED TO A HEARING

EXAMINER OR THE LICENSING BOARD OR LICENSING COMMISSION

PURSUANT TO THE REGULATIONS PROMULGATED UNDER SECTION

3105(B) (RELATING TO HEARING EXAMINERS).

(VI) IF THE APPEAL IS INITIALLY TO A HEARING

EXAMINER, THE RELEVANT LICENSING BOARD OR LICENSING

COMMISSION SHALL RENDER A DECISION ON ANY EXCEPTIONS TO

20190SB0637PN1815 - 23 -

<--

THE DECISION OF THE HEARING EXAMINER OR ON ANY

APPLICATIONS FOR REVIEW IN ACCORDANCE WITH SECTION

3105(D).

(VII) ALL PROCEEDINGS SHALL BE CONDUCTED IN

ACCORDANCE WITH THE PROVISIONS OF 2 PA.C.S. (RELATING TO

ADMINISTRATIVE LAW AND PROCEDURE).

(2) THE COMMISSIONER SHALL EXPUNGE THE DISCIPLINARY

RECORD OF A LICENSEE, REGISTRANT, CERTIFICATE HOLDER OR

PERMIT HOLDER IF THE IMPOSITION OF DISCIPLINE WAS FOR A

VIOLATION INVOLVING FAILURE TO COMPLETE CONTINUING EDUCATION

REQUIREMENTS OR PRACTICING FOR SIX MONTHS OR LESS ON A LAPSED

LICENSE, REGISTRATION, CERTIFICATE OR PERMIT, SUBJECT TO THE

FOLLOWING:

(I) THE LICENSEE, REGISTRANT, CERTIFICATE HOLDER OR

PERMIT HOLDER MUST MAKE WRITTEN APPLICATION TO THE

COMMISSIONER FOR EXPUNGEMENT NOT EARLIER THAN FOUR YEARS

FROM THE FINAL DISPOSITION OF THE DISCIPLINARY RECORD.

(II) THE DISCIPLINARY RECORD MUST BE THE ONLY

DISCIPLINARY RECORD THAT THE LICENSEE, REGISTRANT,

CERTIFICATE HOLDER OR PERMIT HOLDER HAS WITH EITHER THE

COMMISSIONER OR A LICENSING BOARD OR LICENSING COMMISSION

UNDER THE COMMISSIONER'S JURISDICTION.

(III) THE LICENSEE, REGISTRANT, CERTIFICATE HOLDER

OR PERMIT HOLDER MUST NOT BE THE SUBJECT OF AN ACTIVE

INVESTIGATION RELATED TO PROFESSIONAL OR OCCUPATIONAL

CONDUCT.

(IV) THE LICENSEE, REGISTRANT, CERTIFICATE HOLDER OR

PERMIT HOLDER MUST NOT BE IN A CURRENT DISCIPLINARY

STATUS, AND ANY FEES OR FINES ASSESSED MUST BE PAID IN

FULL.

20190SB0637PN1815 - 24 -

(V) THE LICENSEE, REGISTRANT, CERTIFICATE HOLDER OR

PERMIT HOLDER MUST NOT HAVE HAD A DISCIPLINARY RECORD

PREVIOUSLY EXPUNGED BY THE COMMISSIONER.

(VI) DISCIPLINARY RECORDS INVOLVING IMPOSITION OF

DISCIPLINE FOR VIOLATIONS OTHER THAN THOSE IDENTIFIED IN

THIS PARAGRAPH SHALL NOT BE ELIGIBLE FOR EXPUNGEMENT.

(VII) THE LICENSEE, REGISTRANT, CERTIFICATE HOLDER

OR PERMIT HOLDER SHALL PAY ALL COSTS ASSOCIATED WITH THE

EXPUNGEMENT AS ESTABLISHED BY THE COMMISSIONER BY

REGULATION.

(3) NOTHING IN THIS SUBSECTION SHALL PROHIBIT A

LICENSING BOARD OR LICENSING COMMISSION FROM USING PREVIOUS

DISCIPLINE FOR ANY REGULATORY PURPOSE OR FROM RELEASING

RECORDS OF PREVIOUS DISCIPLINE UPON REQUEST FROM LAW

ENFORCEMENT OR OTHER GOVERNMENTAL BODY AS PERMITTED BY LAW.

(B) ADDITIONAL POWERS.--IN ADDITION TO THE DISCIPLINARY

POWERS AND DUTIES OF THE LICENSING BOARDS AND LICENSING

COMMISSIONS WITHIN THE BUREAU UNDER THEIR RESPECTIVE PRACTICE

ACTS, LICENSING BOARDS AND LICENSING COMMISSIONS SHALL HAVE THE

POWER, RESPECTIVELY:

(1) TO IMPOSE DISCIPLINE, INCLUDING, BUT NOT LIMITED TO,

A CIVIL PENALTY OF UP TO $10,000 PER VIOLATION ON A LICENSEE

OR UNLICENSED PERSON WHO VIOLATES A LAWFUL DISCIPLINARY ORDER

OF THE LICENSING BOARD.

(2) TO IMPOSE DISCIPLINE, INCLUDING, BUT NOT LIMITED TO,

A CIVIL PENALTY OF UP TO $10,000 PER VIOLATION ON A LICENSEE

OR UNLICENSED PERSON WHO AIDS AND ABETS THE UNLICENSED

PRACTICE OF A PROFESSION, OCCUPATION OR BUSINESS.

(3) TO LEVY A CIVIL PENALTY OF NOT MORE THAN $10,000 PER

VIOLATION ON A CORPORATION, PARTNERSHIP, INSTITUTION,

20190SB0637PN1815 - 25 -

ASSOCIATION OR SOLE PROPRIETORSHIP WHICH AIDS AND ABETS AN

INDIVIDUAL IN THE UNLICENSED PRACTICE OF A PROFESSION. THIS

PENALTY SHALL NOT, HOWEVER, BE LEVIED AGAINST A PERSON SOLELY

AS A CONSEQUENCE OF THAT PERSON BEING A PATIENT OR CLIENT OF

THE UNLICENSED INDIVIDUAL.

(4) TO LEVY A CIVIL PENALTY OF NOT MORE THAN $10,000 PER

VIOLATION ON A LICENSEE OR UNLICENSED PERSON WHO VIOLATES A

PROVISION OF THE APPLICABLE LICENSING ACT OR LICENSING BOARD

REGULATION.

(5) TO ASSESS AGAINST THE RESPONDENT DETERMINED TO BE IN

VIOLATION OF THE DISCIPLINARY PROVISIONS ADMINISTERED BY A

LICENSING BOARD OR LICENSING COMMISSION IN A DISCIPLINARY

PROCEEDING PENDING BEFORE THE LICENSING BOARD OR LICENSING

COMMISSION FOR FINAL DETERMINATION, AS PART OF THE SANCTION,

THE COSTS OF INVESTIGATION UNDERLYING THAT DISCIPLINARY

ACTION. THE COST OF INVESTIGATION SHALL NOT INCLUDE THOSE

COSTS INCURRED BY THE LICENSING BOARD OR LICENSING COMMISSION

AFTER THE FILING OF FORMAL ACTIONS OR DISCIPLINARY CHARGES

AGAINST THE RESPONDENT.

(6) TO COLLECT ALL FEES, COSTS, FINES AND PENALTIES

ASSESSED AS A RESULT OF A DISCIPLINARY PROCEEDING BEFORE A

LICENSING BOARD OR LICENSING COMMISSION.

(7) TO DENY, SUSPEND OR REVOKE A LICENSE, REGISTRATION,

CERTIFICATION OR PERMIT FOR FAILURE TO PAY ANY PENALTY, FEE,

INTEREST OR COST ASSESSED AS A RESULT OF A DISCIPLINARY

PROCEEDING BEFORE A LICENSING BOARD OR LICENSING COMMISSION.

(1) DECISIONS RENDERED BY A LICENSING BOARD OR LICENSING

COMMISSION ON ANY EXCEPTIONS TO THE DECISION OF A HEARING

EXAMINER OR ON AN APPLICATION FOR REVIEW IN ACCORDANCE WITH

20190SB0637PN1815 - 26 -

SECTION 3105(D) TO IMPOSE A CIVIL PENALTY UNDER THIS SECTION

SHALL REQUIRE THE SAME NUMBER OF VOTES REQUIRED FOR THE

LICENSING BOARD OR LICENSING COMMISSION TO IMPOSE A CIVIL

PENALTY UNDER ANY OTHER ACT.

(2) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO

RESTRICT THE POWERS AND DUTIES UNDER ANY OTHER ACT OF A

LICENSING BOARD OR LICENSING COMMISSION IN DISCIPLINARY

MATTERS, EXCEPT THAT A LICENSING BOARD OR LICENSING

COMMISSION MAY NOT IMPOSE A CIVIL PENALTY UNDER ANY OTHER ACT

FOR THE SAME VIOLATION FOR WHICH A CIVIL PENALTY HAS BEEN

IMPOSED UNDER THIS SECTION.

(D) STATUS OF CIVIL PENALTY.--A CIVIL PENALTY, TOGETHER WITH

ANY ASSOCIATED FEE, INTEREST OR COST, IMPOSED UNDER THIS SECTION

OR IMPOSED BY A LICENSING BOARD OR LICENSING COMMISSION UNDER

ANOTHER ACT SHALL BE A JUDGMENT IN FAVOR OF THE BUREAU UPON THE

PERSON OR THE PROPERTY OF THE PERSON, WHETHER REAL OR PERSONAL,

AND INCLUDING ANY AFTER-ACQUIRED PROPERTY, UPON WHOM THE CIVIL

PENALTY IS IMPOSED. THE ATTORNEY GENERAL SHALL BE RESPONSIBLE

FOR ENFORCING THE JUDGMENTS IN COURTS OF COMPETENT JURISDICTION

IN ACCORDANCE WITH 42 PA.C.S. (RELATING TO JUDICIARY AND

JUDICIAL PROCEDURE).

(E) ENTRY OF JUDGMENT.--WITHIN 60 MONTHS OF THE FINAL

DISPOSITION OF A DISCIPLINARY CASE, IF AN UNPAID CIVIL PENALTY,

FEE, INTEREST AND COST OF A LICENSEE TOTAL $1,000 OR MORE, THE

LICENSING BOARD OR LICENSING COMMISSION, OR THE RESPECTIVE AGENT

OF THE LICENSING BOARD OR LICENSING COMMISSION, MAY TRANSMIT A

COPY OF THE FINAL DISPOSITION TO THE PROTHONOTARY OF THE COURT

OF COMMON PLEAS IN THE COUNTY WHERE THE LICENSEE OR PROPERTY OF

THE LICENSEE UPON WHOM THE PENALTY, FEE, INTEREST AND COST ARE

IMPOSED IS LOCATED. THE FOLLOWING APPLY:

20190SB0637PN1815 - 27 -

(1) THE PROTHONOTARY SHALL ENTER AND DOCKET THE COPY OF

THE FINAL DISPOSITION WITHOUT REQUIRING PAYMENT OF COSTS AS A

CONDITION PRECEDENT TO THE ENTRY OF THE COPY OF THE FINAL

DISPOSITION.

(2) THE TOTAL OF THE PENALTY, FEE, INTEREST AND COST

SHALL BE ENTERED AS A JUDGMENT UPON THE LICENSEE REGARDLESS

OF WHETHER THE AMOUNT HAS BEEN ORDERED TO BE PAID IN

INSTALLMENTS.

(F) PRIORITY OF LIEN.--A LIEN OBTAINED UNDER THIS SECTION

SHALL MAINTAIN ITS PRIORITY INDEFINITELY, AND NO WRIT OF REVIVAL

NEED BE FILED.

(G) EXECUTION.--A WRIT OF EXECUTION MAY DIRECTLY ISSUE UPON

THE LIEN WITHOUT THE ISSUANCE AND PROSECUTION TO JUDGMENT OF A

WRIT OF SCIRE FACIAS, PROVIDED THAT A NOTICE OF THE FILING AND

THE EFFECT OF THE LIEN BE PROVIDED TO THE LICENSEE NOT LESS THAN

10 DAYS BEFORE THE EXECUTION ON THE LIEN. NOTICE MAY BE SENT BY

REGISTERED MAIL TO THE LAST KNOWN ADDRESS OF THE LICENSEE.

(H) EXCEPTION TO EXECUTION.--THE LIEN SHALL HAVE NO EFFECT

UPON ANY STOCK OF GOODS, WARES OR MERCHANDISE REGULARLY SOLD OR

LEASED IN THE ORDINARY COURSE OF BUSINESS BY THE LICENSEE

AGAINST WHOM THE LIEN HAS BEEN ENTERED, UNLESS AND UNTIL A WRIT

OF EXECUTION HAS BEEN ISSUED AND A LEVY MADE UPON THE STOCK OF

GOODS, WARES AND MERCHANDISE.

(I) SATISFACTION.--ONCE A JUDGMENT IS PAID IN FULL TO THE

LICENSING BOARD OR LICENSING COMMISSION, OR THE RESPECTIVE AGENT

OF THE LICENSING BOARD OR LICENSING COMMISSION, THE LICENSING

BOARD OR LICENSING COMMISSION, OR THE RESPECTIVE AGENT OF THE

LICENSING BOARD OR LICENSING COMMISSION, SHALL, WITHIN 90 DAYS,

NOTIFY THE PROTHONOTARY IN WRITING OF RECEIPT OF PAYMENT IN FULL

AND REQUEST THE JUDGMENT BE NOTED AS SATISFIED IN FULL.

20190SB0637PN1815 - 28 -