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§ 734.29. Penalties

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: September 19, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 21A. Auctioneer Licensing and Trading Assistant Registration Act (Refs & Annos)
Effective: September 19, 2016
63 P.S. § 734.29
§ 734.29. Penalties
Currentness
(a) Criminal penalties.--Any person who engages in or carries on the profession or acts in the capacity of a licensee or registrant in this Commonwealth without a current license or registration or who employs any individual without a current license or registration:
(1) For a first offense, commits a summary offense and shall, upon conviction, be sentenced to pay a fine not exceeding $500 or to imprisonment not exceeding three months, or both.
(2) For a second or subsequent offense, commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not less than $2,000 but not more than $5,000 or to imprisonment for not less than one year but not more than two years, or both.
(b) Civil penalty.--
(1) In addition to any other civil remedy or criminal penalty provided for in this act, the board, by a vote of the majority of the maximum number of the authorized membership of the board as provided by law or by a vote of the majority of the duly qualified and confirmed membership or a minimum of four members, whichever is greater, may levy a civil penalty of up to $10,000 on any person:
(i) who engages in the business or practice of auctioneering without being properly licensed to do so under this act; or
(ii) who engages in business as a trading assistant or trading assistant company without being properly registered to do so under this act.
(2) The board shall levy this penalty only after affording the accused party the opportunity for a hearing, as provided in 2 Pa.C.S. (relating to administrative law and procedure).
(c) Failure to register.--Any person who fails to register under section 5.11 may be subject to a penalty of up to $500 levied by the commissioner. The person may request a hearing before the board, which shall be conducted in accordance with 2 Pa.C.S.

Credits

1983, Dec. 22, P.L. 327, No. 85, § 29, effective Jan. 1, 1984. Amended 2008, Oct. 8, P.L. 1080, No. 89, § 6, effective in 60 days [Dec. 8, 2008]; 2016, July 20, P.L. 789, No. 88, § 17, effective in 60 days [Sept. 19, 2016].

Footnotes

1
63 P.S. § 734.5.1.
63 P.S. § 734.29, PA ST 63 P.S. § 734.29
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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