written warning to the employer or employment agency.
(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.
(b) Remedy of violation.--A penalty imposed under subsection
(a)(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.
(c) 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.
(d) Fund.--The Ex-offender Increased Access to Employment
Enforcement Fund is established as a special fund in the State
Treasury.
(e) 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.
(f) Administration and procedure.--The department may
promulgate regulations necessary to administer this act and may
establish an administrative procedure to adjudicate claims and
issue final and binding decisions subject to 2 Pa.C.S. (relating
to administrative law and procedure).
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