§ 2400.703. Refusal, suspension or revocation of license
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: December 8, 2008
Effective: December 8, 2008
63 P.S. § 2400.703
§ 2400.703. Refusal, suspension or revocation of license
(2) The licensee is unable to operate a crane with reasonable skill and safety by reason of mental or physical illness or condition or physiological or psychological dependence upon alcohol, hallucinogenic or narcotic drugs or other drugs which tend to impair judgment or coordination, so long as such dependence shall continue. In enforcing this paragraph, the board shall, upon probable cause, have authority to compel a licensee to submit to a mental or physical examination as designated by the board. After notice, hearing, adjudication and appeal failure of a licensee to submit to such examination when directed shall constitute an admission of the allegations unless failure is due to circumstances beyond the licensee's control, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A licensee affected under this paragraph shall at reasonable intervals be afforded the opportunity to demonstrate that the licensee can resume competent, safe and skillful operation of a crane.
(5) The licensee has been convicted of a felony or a crime of moral turpitude, or received probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges in the courts of this Commonwealth, the United States or any other state, territory, possession of the United States or any other country.
(9) The licensee has been found guilty of unprofessional conduct. Unprofessional conduct shall include departure from or failing to conform to operating practices or professional standards embraced by the crane operating profession, including those recognized by the American Society of Mechanical Engineers ASME B30.5 and an agency of the Federal Government. In a proceeding based on this paragraph, actual injury to a person or damage to property need not be established.
Credits
2008, Oct. 9, P.L. 1363, No. 100, § 703, effective in 60 days [Dec. 8, 2008].
63 P.S. § 2400.703, PA ST 63 P.S. § 2400.703
Current through Act 39 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |