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§ 2400.705. Temporary and automatic suspensions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)Effective: December 8, 2008

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 38. Crane Operator Licensure Act
Chapter 7. Administration and Enforcement
Effective: December 8, 2008
63 P.S. § 2400.705
§ 2400.705. Temporary and automatic suspensions
(a) General rule.--A license issued under this act may be temporarily suspended under circumstances determined by the board to be an immediate and clear danger to public health or safety. The board 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. The provisions of section 7041 shall not apply to temporary suspension. Formal action to suspend, revoke or restrict the license of the crane operator shall be commenced as otherwise provided for in this act. All actions shall be taken promptly and without delay. Within 30 days following the issuance of an order temporarily suspending a license, the board shall conduct or cause to be conducted a preliminary hearing to determine that there is a prima facie case supporting the suspension. The crane operator whose license has been temporarily suspended may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings. If it is determined that there is not a prima facie case, the suspended license shall be immediately restored. The temporary suspension shall remain in effect until vacated by the board, but in no event longer than 180 days.
(b) Commitment of crane operator.--A license issued under this act shall automatically be suspended upon the legal commitment of a crane operator to an institution because of mental incompetency from any cause upon filing with the board a certified copy of such commitment, conviction of a felony under the act of April 14, 1972 (P.L. 233, No. 64),2 known as The Controlled Substance, Drug, Device and Cosmetic Act, or conviction of an offense under the laws of another jurisdiction, which, if committed in Pennsylvania, would be a felony under The Controlled Substance, Drug, Device and Cosmetic Act. Automatic suspension under this subsection shall not be stayed pending an appeal of a conviction. Restoration of the license shall be made as provided in the case of revocation or suspension of a license.

Credits

2008, Oct. 9, P.L. 1363, No. 100, § 705, effective in 60 days [Dec. 8, 2008].

Footnotes

63 P.S. § 2400.704.
35 P.S. § 780-101 et seq.
63 P.S. § 2400.705, PA ST 63 P.S. § 2400.705
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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