Section 3. Section 5(a) of the act is amended to read:
Section 5. Civil penalties.
(a) Authorization.--
(1) The Commissioner of Professional and Occupational
Affairs, after consultation with the licensing boards and
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 any provision of their respective
acts or regulations relating to the conduct or operation of a
business or facility licensed by such licensing boards and
commissions. The schedule of penalties shall not be
applicable to disciplinary matters under the jurisdiction of
a licensing board or commission unless that licensing board
or commission has approved the schedule. The schedule of
penalties, guidelines for their imposition and procedures for
appeal shall be published in the Pennsylvania Bulletin,
provided that the commissioner shall, within two years of
such publication, promulgate a regulation setting forth the
schedule of penalties, guidelines and procedures. Any such
penalty shall not exceed the sum of $1,000 per violation.
Duly authorized agents of the bureau shall have the power and
authority to issue citations and impose penalties for any
such violations. Any such penalty imposed may be appealed to
a hearing examiner or the licensing board or commission
pursuant to the regulations promulgated under section 3(b).
If the appeal is initially to a hearing examiner, the
relevant licensing board or commission shall render a
decision on any exceptions to the decision of the hearing
examiner or on any applications for review in accordance with
section 3(d). All proceedings shall be conducted in
accordance with the provisions of 2 Pa.C.S. (relating to
administrative law and procedure).
(2) The Commissioner of Professional and Occupational
Affairs 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 commission under the
commissioner's jurisdiction.
(iii) The licensee, registrant, certificate holder
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