63 PA Cons Stat § 3108 (2021)
2021 Pennsylvania Consolidated & Unconsolidated Statutes|Title 63 - PROFESSIONS AND OCCUPATIONS (STATE LICENSED)|Chapter 31 - Powers and Duties|Section 3108 - Civil penalties

§ 3108. Civil penalties. (a) Authorization.-- (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:  (i) The schedule of penalties shall not be applicable to disciplinary matters under the jurisdiction of a licensing board or licensing commission unless that licensing board or licensing commission has approved the schedule.  (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.  (iii) A penalty shall not exceed the sum of $1,000 per violation. (iv) Duly authorized agents of the bureau shall have the power and authority to issue citations and impose penalties for violations.  (v) A penalty imposed may be appealed to a hearing examiner or the licensing board or licensing commission pursuant to the regulations promulgated under section 3105(b) (relating to hearing examiners).  (vi) If the appeal is initially to a hearing examiner, the relevant licensing board or licensing commission shall render a decision on any exceptions to the decision of the hearing examiner or on any applications for review in accordance with section 3105(d).  (vii) All proceedings shall be conducted in accordance with the provisions of 2 Pa.C.S. (relating to administrative law and procedure).  (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, subject to the following:  (i) The licensee, registrant, certificate holder or permit holder must make written application to the commissioner for expungement not earlier than four years from the final disposition of the disciplinary record.  (ii) The disciplinary record must be the only disciplinary record that the licensee, registrant, certificate holder or permit holder has with either the commissioner or a licensing board or licensing commission under the commissioner's jurisdiction.  (iii) The licensee, registrant, certificate holder or permit holder must not be the subject of an active investigation related to professional or occupational conduct.  (iv) The licensee, registrant, certificate holder or permit holder must not be in a current disciplinary status, and any fees or fines assessed must be paid in full.  (v) The licensee, registrant, certificate holder or permit holder must not have had a disciplinary record previously expunged by the commissioner.  (vi) Disciplinary records involving imposition of discipline for violations other than those identified in this paragraph shall not be eligible for expungement.  (vii) The licensee, registrant, certificate holder or permit holder shall pay all costs associated with the expungement as established by the commissioner by regulation.  (3) Nothing in this subsection shall prohibit a licensing board or licensing commission from using previous discipline for any regulatory purpose or from releasing records of previous discipline upon request from law enforcement or other governmental body as permitted by law.  (b) Additional powers.--In addition to the disciplinary powers and duties of the licensing boards and licensing commissions within the bureau under their respective practice acts, licensing boards and licensing commissions shall have the power, respectively:  (1) To impose discipline, including, but not limited to, a civil penalty of up to $10,000 per violation on a licensee or unlicensed person who violates a lawful disciplinary order of the licensing board.  (2) To impose discipline, including, but not limited to, a civil penalty of up to $10,000 per violation on a licensee or unlicensed person who aids and abets the unlicensed practice of a profession, occupation or business.  (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.  (4) To levy a civil penalty of not more than $10,000 per violation on a licensee or unlicensed person who violates a provision of the applicable licensing act or licensing board regulation.  (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.  (6) To collect all fees, costs, fines and penalties assessed as a result of a disciplinary proceeding before a licensing board or licensing commission.  (7) To deny, suspend or revoke a license, registration, certification or permit for failure to pay any penalty, fee, interest or cost assessed as a result of a disciplinary proceeding before a licensing board or licensing commission.  (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.  (c) Restrictions.-- (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:  (1) The prothonotary shall enter and docket the copy of the final disposition without requiring payment of costs as a condition precedent to the entry of the copy of the final disposition.  (2) The total of the penalty, fee, interest and cost shall be entered as a judgment upon the licensee regardless of whether the amount has been ordered to be paid in installments.  (f) Priority of lien.--A lien obtained under this section shall maintain its priority indefinitely, and no writ of revival need be filed.  (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.  (j) Applicability.--This section shall apply only to disciplinary proceedings commenced on or after August 31, 1993.  (k) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:  "Unlicensed practice." Any of the following:  (1) Practicing a profession or occupation or operating a business for which a license, registration, certificate or permit is required without holding a valid, unexpired, unrevoked or unsuspended authority to do so.  (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.  (Nov. 25, 2020, P.L.1189, No.116, eff. 60 days)   2020 Amendment. Act 116 amended section 5(b) of Act 48 of 1993 by adding par. (8). Act 48 of 1993 was consolidated by Act 53 of 2020 into 63 Pa.C.S. on July 1, 2020. Paragraph (8) was added to 63 Pa.C.S. § 3108(b). See 1 Pa.C.S. § 1952.