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A06146
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, NOVEMBER 18, 2019
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
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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.
(c) State action authorized.--[Boards,] Except as provided
in subsection (e), boards, commissions or departments of the
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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
prosecutor for the board or commission by a preponderance of
the evidence and based on the individualized assessment
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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
or renew and may not suspend, revoke or otherwise discipline
a license, certificate, registration or permit under
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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, or
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
activities.
(vii) Employment or character references and any
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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
determines a conviction on the petitioner's criminal
history record is directly related to the duties,
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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
relied upon by individuals applying for a license,
certificate, registration or permit.
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(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.
(9) Each board or commission under the Bureau of
Professional and Occupational Affairs shall, within 18 months
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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
to the board that he has made significant progress in
personal rehabilitation since the conviction such that
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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
personal rehabilitation since the conviction such
that licensure of the applicant should not be
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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
of an offense under the laws of another jurisdiction
which, if committed in this Commonwealth, would be a
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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
felony under the act of April 14, 1972 (P.L.233, No.64),
known as The Controlled Substance, Drug, Device and
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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
Licensure Act.
(xv) Section 5(a)(6) of the act of October 9, 2008
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(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
adjudications).
(5) 63 Pa.C.S. § 3115 (relating to preliminary
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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.
3103. Investigatory subpoena power.
3104. Reporting of sanctions and criminal proceedings.
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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
of guilty or a plea of nolo contendere with respect to a
criminal offense of this Commonwealth, or an equivalent crime
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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
under the bureau.
"Licensing commission." A departmental or administrative
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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.
(a) Duty.--A licensee, as a condition of licensure,
certification, registration or holding a permit, shall provide
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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
disciplinary matters before a licensing board or licensing
commission. All proceedings shall be conducted in accordance
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with the provisions of 2 Pa.C.S. (relating to administrative law
and procedure).
(c) Powers.--A hearing examiner shall have the power to:
(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.
(a) Temporary suspension.--A licensing board or licensing
commission may temporarily suspend a license, certificate,
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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
(vii) make a record of the proceedings.
(2) If it is determined that there is not a prima facie
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