Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart A - Vehicle Code Provisions › Article III - Registration › Chapter 65 - PERMIT AGENTS › Section 65.10 - Sanctions for violations by permit agents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Schedule.
After
					 providing an opportunity for a hearing, the Department may impose sanctions on
					 an agent according to the following schedule of violations by the agent when
					 the Department finds upon sufficient evidence that the following have occurred.
1st Offense
2nd Offense
3rd Offense
4th and Subsequent Offense
(1) The authorized agent has failed to report
								  change of business address before or within 15 days after such
								  change.
Written warning
1 month suspension
3 months
								  suspension
Revocation
(2) The agent has failed to maintain proper
								  records.
Written warning
1 month suspension
3 months
								  suspension
6 months suspension
(3) The agent has failed to allow inspection of
								  all documents in the possession of the permit agent by authorized Commonwealth
								  employes.
1 month suspension
3 months suspension
6
								  months suspension
Revocation
(4) The agent has refused to make available
								  records to authorized Commonwealth employes, within 15 days of written
								  notice.
Until records are made available, plus 6 months
								  suspension.
Revocation
(5) The agent has failed to notify the Bureau of
								  a change of ownership and to apply for a new certificate of
								  authorization.
Suspension until application for new certificate of
								  authorization has been made and has been approved by the
								  Department.
Suspension until application for new certificate of
								  authorization has been made and has been approved by the Department, plus 1
								  month suspension.
Suspension until application for new certificate of
								  authorization has been made and has been approved by the Department, plus 3
								  months suspension.
Revocation
(6) An owner or officer of the agent business is
								  a Commonwealth employe or the agent is employing a Commonwealth
								  employe.
1 month suspension
6 months
								  suspension
Revocation
(7) The agent has offered or paid money, gifts,
								  or other rewards to Commonwealth employes.
6 months
								  suspension
Revocation
(8) The agent has failed to maintain security of
								  documents.
Written warning
1 month suspension
3 months
								  suspension
6 months suspension
(9) The agent has failed to submit documents and
								  fees in accordance with this chapter.
Written warning
1 month
								  suspension
3 months suspension
6 months suspension
(10) The agent has submitted documents to the
								  Department for processing which have been accompanied by uncollectable checks
								  drawn on the account of the agent.
Suspension upon written notice of
								  the Department until all uncollectable checks, protest fees, and collection
								  charges are paid.
Suspension upon written notice of the Department
								  until all uncollectable checks, protest fees, and collection charges are paid,
								  plus 1 month suspension.
Suspension upon written notice of the
								  Department until all uncollectable checks, protest fees, and collection charges
								  are paid, plus 3 months suspension.
Revocation
(11) The agent has issued permits or telegrams of
								  authority not in accordance with this chapter.
Written
								  warning
1 month suspension
3 months suspension
6 months
								  suspension
(b)
Second and subsequent
					 violations.
Second violations are determined on the basis of a
					 previous violation of the same nature committed within a 3-year period. Third
					 or subsequent violations are determined on the basis of two or more previous
					 violations of the same nature committed within a 3-year period.
(c)
Multiple violations.
In
					 the case of multiple violations considered at one time, the Department may
					 impose separate sanctions for each violation under the schedule in subsection
					 (a). The Department may direct that a suspension imposed be served concurrently
					 or consecutively.
(d)
Responsibility for acts of employes.
In determining whether an
					 agent is responsible for a violation of subsection (a)(6) or (7), the
					 Department hearing examiner will consider whether one or more employes of the
					 agent may have committed the violation without the knowledge or approval of the
					 agent. If the hearing examiner determined that the violation occurred without
					 the knowledge or approval of the agent, the Director of the Bureau may impose a
					 lesser sanction than set forth in subsection (a).
(e)
Mitigation.
If, upon
					 evidence submitted at the hearing, it is found that a violation occurred under
					 mitigating circumstances, the Director of the Bureau may impose a lesser
					 sanction than that set forth in subsection (a).
(f)
Revocation.
Upon
					 revocation of an agent's certification of authorization, the agent will be
					 debarred from applying for a new certificate of authorization for 1
					 year.