§ 3108. Civil penalties
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 Pa.C.S.A. Professions and Occupations (State Licensed)Effective: February 12, 2024
Effective: February 12, 2024
63 Pa.C.S.A. § 3108
Formerly cited as PA ST 63 P.S. § 2205
§ 3108. Civil penalties
(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 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:
(ii) The 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.
(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 or for a violation otherwise specified in the schedule of civil penalties under paragraph (1), subject to the following:
(3) To levy a civil penalty of not more than $10,000 per violation on a corporation, partnership, institution, 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.
(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.
(8) To provide for the carryover of any continuing education credits in excess of the number required for biennial renewal. The carryover shall be valid for one biennial renewal term only. As used in this paragraph, the term “continuing education” includes any term similar in nature used by a licensing board or 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 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:
(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.
“Unlicensed practice.” Any of the following:
(2) Representing to the public or a person, through offerings, advertisements or the use of a title, that the individual is qualified to practice a profession, occupation or business for which a license, registration, certificate or permit is required without holding a valid, unexpired, unrevoked or unsuspended authority to do so.
Credits
2020, July 1, P.L. 575, No. 53, § 2, imd. effective. Amended 2020, Nov. 25, P.L. 1189, No. 116, § 1, effective in 60 days [Jan. 25, 2021]; 2023, Dec. 14, P.L. 464, No. 65, § 1, effective in 60 days [Feb. 12, 2024].
63 Pa.C.S.A. § 3108, PA ST 63 Pa.C.S.A. § 3108
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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