reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart B - Boxing › Chapter 29 - MIXED MARTIAL ARTS › Subchapter B - AMATEUR MIXED MARTIAL ARTS › Section 29.23 - Amateur mixed martial arts license fee

Current through Register Vol. 54, No. 28, July 13, 2024
A nonrefundable annual license fee of $10 must accompany
						each application for a license or renewal of a license as an amateur mixed
						martial arts contestant.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart B - Boxing › Chapter 29 - MIXED MARTIAL ARTS › Subchapter B - AMATEUR MIXED MARTIAL ARTS › Section 29.25 - Duration of rounds

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A contest
					 of amateur mixed martial arts with a contestant with three or less amateur
					 bouts may not exceed three rounds of 2 minutes per round with a 1 minute rest
					 period between rounds, except with the written or oral permission of the
					 Commission or the Executive Director.
(b) A contest of amateur mixed martial arts
					 with a contestant with more than three amateur bouts may not exceed three
					 rounds of 3 minutes per round with a 1 minute rest period between rounds,
					 except with the written or oral permission of the Commission or the Executive
					 Director.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart B - Boxing › Chapter 29 - MIXED MARTIAL ARTS › Subchapter B - AMATEUR MIXED MARTIAL ARTS › Section 29.26 - Proper attire for contestants

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Trunks.
Each amateur contestant shall wear mixed martial arts
					 shorts, biker shorts, boxing or kickboxing shorts during competition as
					 approved by the Commission.
(b)
Shirt
or
gi.
Male contestants may not wear a
					 shirt or gi during competition, other than a close-fitting rash guard. Any rash
					 guard must be approved by the Commission. Female contestants shall wear a body
					 shirt and blouse during competition.
(c)
Shoes.
Contestants may
					 not wear shoes or padding on their feet during competition.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart B - Boxing › Chapter 29 - MIXED MARTIAL ARTS › Subchapter B - AMATEUR MIXED MARTIAL ARTS › Section 29.27 - Equipment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The gloves used
					 in amateur mixed martial arts contests and exhibitions must be new for all main
					 events. The gloves used for all undercard events must be in good condition and
					 approved by the referee and the Executive Director or a designee before and
					 during use or they must be replaced.
(b) Amateur contestants shall wear open
					 finger gloves weighing at least 7 ounces, which shall be supplied by the
					 promoter and approved by the referee and the Executive Director or a designee
					 before and during use. Contestants are not permitted to supply their own
					 gloves.
(c) Contestants shall wear
					 a mouth guard, shin pads and instep pads during competition.
(d) Ankle wraps may be used during
					 competition. Ankle wraps are subject to examination and approval by the referee
					 and the Executive Director or a designee.
(e) Male contestants shall provide and wear a
					 foul-proof groin protector during competition. The groin protector is subject
					 to examination and approval by the referee and the Executive Director or a
					 designee.
(f) Female contestants
					 shall provide and wear a chest protector during competition. The chest
					 protector is subject to examination and approval by the referee and the
					 Executive Director or a designee. Female contestants may provide and wear a
					 foul-proof groin protector during competition. The groin protector is subject
					 to examination and approval by the referee and the Executive Director or a
					 designee.
(g) For each contest or
					 exhibition, the licensed promoter shall provide each contestant's corner with a
					 clean water bucket and a stool.
This section cited in 58 Pa. Code §
													29.30 (relating to waiver of rule
						  for contests with three or more amateur
						  bouts).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart B - Boxing › Chapter 29 - MIXED MARTIAL ARTS › Subchapter B - AMATEUR MIXED MARTIAL ARTS › Section 29.28 - Legal techniques

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 following acts constitute legal techniques while standing in any amateur mixed
					 martial arts contest or exhibition:
(1) Closed
					 hand strikes to head and body.
(2)
					 Kicking to body and legs.
(3) Knees
					 to body and legs.
(4)
					 Throws.
(5) Take downs.
(6) Sweeps.
(7) Standing submissions.
(8) Chokes.
(9) Armbars.
(10) Shouldering.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart B - Boxing › Chapter 29 - MIXED MARTIAL ARTS › Subchapter B - AMATEUR MIXED MARTIAL ARTS › Section 29.29 - Acts constituting fouls

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Disqualification from an amateur mixed martial arts contest and exhibition
					 occurs after any combination of three fouls or after a flagrant foul as
					 determined by the referee.
(b) The
					 following acts constitute fouls in a contest or exhibition of amateur mixed
					 martial arts:
(1) An act prohibited by §
												29.12 (relating to acts
					 constituting fouls).
(2) Any of the
					 following illegal techniques while standing:
(i) Elbows of any kind.
(ii) Knees to head.
(iii) Kicks to knees or head.
(iv) Stomps on feet.
(v) Slamming. Throws should be completed in a
					 controlled manner.
(vi) Throws
					 against a joint.
(vii) Neck
					 cranks.
(viii) Pinching, biting or
					 gouging.
(3) Any of the
					 following illegal techniques while on the ground:
(i) Striking to the head.
(ii) Neck cranks.
(iii) Heel hooks.
(iv) Finger locks.
(v) Toe locks.
(vi) Choking with hand on throat.
(vii) Smothering (hand over mouth).
(viii) Spine locks.
(ix) Hammer locks.
(x) Slamming.
(xi) Pinching, biting or gouging.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart B - Boxing › Chapter 29 - MIXED MARTIAL ARTS › Subchapter B - AMATEUR MIXED MARTIAL ARTS › Section 29.30 - Waiver of rule for contestants with three or more amateur bouts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An amateur
					 contestant who has completed at least three amateur bouts may petition the
					 Commission to waive the "striking to the head while on the ground" provision in
					 §
											29.29(b)(3)(i)
					 (relating to acts constituting fouls) and the shin/instep pad requirement in
					 § 29.27(c) (relating to equipment).
(b) The waiver will include only bouts in
					 which both contestants have the required three-bout experience and both have
					 agreed to conduct the contest with a waiver of the "striking to the head while
					 on the ground" and the shin/instep pad rules.
(c) Grant of the waiver will be at the
					 discretion of the Commission. In reviewing waiver requests, the Commission will
					 consider factors including the win-loss record, conditioning, training,
					 experience and skill level of each individual contestant.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart C - Wrestling › Chapter 31 - PROFESSIONAL WRESTLING › Section 31.21 - Conduct of contests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before a
				  professional wrestling contest or exhibition can take place the following
				  requirements shall be met:
(1) A physician
				  shall be present at all times and seated at ringside to observe the physical
				  condition of all participants. The physician's fee shall be paid by the
				  promoter of the event.
(2) An
				  ambulance or paramedical unit shall be present at the event unless the
				  ambulance or paramedical unit is located within 5 miles of the arena and these
				  units have been notified, by the promoter, that an event is taking
				  place.
(3) Adequate security shall
				  be employed to control the public. The size of the security force is at the
				  discretion of the promoter and the owner or operator of the arena.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart C - Wrestling › Chapter 31 - PROFESSIONAL WRESTLING › Section 31.22 - Promoters

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Promoters of
				  professional wrestling events shall be licensed by the Commission prior to
				  promoting any type of wrestling contest or exhibition. Licenses expire on
				  December 31 of the year of issue. The Commission will not issue or renew a
				  promoter's license to a person who has been convicted, pleaded guilty or nolo
				  contendere to an offense in section 2101 of the Athletic Code (relating to
				  promoter's license), during the 10 years preceding the application
				  date.
(b) Promoters shall file with
				  the Commission a bond of at least $10,000 prior to promoting or advertising any
				  type of wrestling contest or exhibition. Bonds shall be on forms supplied by
				  the Commission and shall be accompanied by a filing fee of $25.
(c) At least 10 days before the date of a
				  wrestling contest or exhibition, the promoter shall notify the Commission, in
				  writing, of the date, time and location of the event.
(d) Upon conviction of a promoter for a
				  violation of Chapter 21 of the Athletic Code (relating to regulation of
				  professional wrestling contests and exhibitions), the Commission will suspend
				  the promoter's license in accordance with the Athletic Code.
(e) A promoter may not employ as a
				  participant in a wrestling contest or exhibition an individual under 18 years
				  of age.
The provisions of this §
												31.22 amended under the Athletic
						Code,
						5
						Pa.C.S. §
													103(b)(1).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart C - Wrestling › Chapter 31 - PROFESSIONAL WRESTLING › Section 31.23 - Enforcement

Current through Register Vol. 54, No. 28, July 13, 2024
The Executive Director may send an inspector to any
					 professional wrestling event or exhibition to be admitted by the promoter
					 without fee to ensure compliance with this subpart and Subpart C of the
					 Athletic Code (relating to Wrestling Act). The promoter shall pay a fee of $100
					 to the Commission within 10 days after the event for each wrestling event to
					 which an inspector is sent.
The provisions of this §
												31.23 amended under the Athletic
						Code,
						5
						Pa.C.S. §
													103(b)(1).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart C - Wrestling › Chapter 31 - PROFESSIONAL WRESTLING › Section 31.24 - Gross receipts taxes

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Every
				  promoter shall pay a tax of 5% on the face value of all tickets sold to any
				  wrestling contest or exhibition.
(b) This tax shall be paid within 10 days
				  after the event and shall be accompanied by a gross receipts tax form,
				  prescribed by the Commission, setting forth all taxable receipts received from
				  the event and any other information the Commission may require. Payment not
				  received by the Commission within the 10-day period shall be subject to a late
				  fee of $100.
The provisions of this §
												31.24 amended under the Athletic
						Code,
						5
						Pa.C.S. §
													103(b)(1).
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart D - Athletic Agents › Chapter 41 - ATHLETIC AGENTS-STATEMENT OF POLICY › Section 41.1 - Athletic agents required to register

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter announces the Commission's interpretation of 5
					 Pa.C.S. Part II (relating to athletic agents). The Commission interprets
					 5
					 Pa.C.S. §
											3301 (relating to athletic
					 agent registration) as requiring all athletic agents, whether or not they
					 reside in this Commonwealth, to register with the Commission when they directly
					 or indirectly serve or offer to serve as an athletic agent, as defined in
					 5
					 Pa.C.S. §
											3102 (relating to
					 definitions), for any athlete located in this Commonwealth.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart D - Athletic Agents › Chapter 41 - ATHLETIC AGENTS-STATEMENT OF POLICY › Section 41.2 - Evidence of acting as athletic agent

Current through Register Vol. 54, No. 28, July 13, 2024
The signing of an agent contract, as defined in
					 5
					 Pa.C.S. §
											3102 (relating to
					 definitions), will be regarded as evidence of acting as an athletic agent,
					 unless the athletic agent can prove that no contacts of any kind were made in
					 this Commonwealth. This would include any means of direct or indirect contact,
					 including telephonic, electronic, mail, electronic mail or personal
					 contact.
Pennsylvania Code › Title 58 - RECREATION › Part I - State Athletic Commission › Subpart D - Athletic Agents › Chapter 41 - ATHLETIC AGENTS-STATEMENT OF POLICY › Section 41.3 - Professional sports services contracts with Commonwealth sports teams or promoters

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission interprets
					 5
					 Pa.C.S. §
											3302(d)
					 (relating to application for registration) as requiring all out-of-State
					 athletic agents to register with the Commission when they negotiate any
					 professional sport services contract for all athletes, whether or not they are
					 located within this Commonwealth, who perform with a professional sports team
					 or a promoter in this Commonwealth. Under
					 5
					 Pa.C.S. §
											3302(d)(2),
					 an out-of-State agent representing an athlete is required to notify the
					 Commission within 7 days of commencing negotiations for a sports services
					 contract with a Commonwealth professional sports team or promoter. Under
					 5
					 Pa.C.S. §
											3302(d)(3),
					 the out-of-State agent representing an athlete is required to complete a
					 registration application within 30 days of commencing negotiations for a sports
					 services contract with a Commonwealth professional sports team or
					 promoter.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter A - PRELIMINARY PROVISIONS › Section 51.2 - Commission offices

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The address
					 of the principal office of the Commission is:
Pennsylvania Fish and Boat Commission Post Office Box
						67000 Harrisburg, Pennsylvania 17106-7000
(b) The address of the Centre Region Office
					 of the Commission is as follows:
Pennsylvania Fish and Boat Commission 595 East Rolling
						Ridge Drive Bellefonte, Pennsylvania 16823
The provisions of this §
													51.2 amended under the Fish and
						  Boat Code, 30 Pa.C.S.; and section 506 of The Administrative Code of 1929
						  (71
						  P.S. §
														186).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter A - PRELIMINARY PROVISIONS › Section 51.4 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this part,
						have the following meanings, unless the context clearly indicates
						otherwise:
Code
-30 Pa.C.S. (relating to the Fish
						and Boat Code).
Commission
-The Fish and Boat
						Commission.
Executive Director
-The Executive
						Director of the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter A - PRELIMINARY PROVISIONS › Section 51.5 - Correction of regulations

Current through Register Vol. 54, No. 28, July 13, 2024
If the Executive Director or the staff of the Commission
						discovers an error or omission in the text of Commission regulations as
						published in the
Pennsylvania Code
or
Pennsylvania
						Bulletin
, the Executive Director is authorized to take immediate
						corrective action on behalf of the Commission, including, if necessary, the
						issuance of orders or notices required to make the necessary corrections.
The provisions of this §
													51.5 issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														2102 and
						  5122-5124.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter A - PRELIMINARY PROVISIONS › Section 51.6 - Petitions or requests for regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form
. Petitions or
					 requests for regulations addressed to the Commission shall be submitted in the
					 format set forth in 1 Pa. Code §
											35.18 (relating to petitions for
					 issuance, amendment, waiver or deletion of regulations).
(b)
Initial staff review
.
(1) The staff will review every petition for
					 regulations to ensure that:
(i) It is
					 complete as required by 1 Pa. Code § 35.18.
(ii) The petition requests an action within
					 the authority or jurisdiction of the Commission.
(iii) The petition does not conflict with
					 applicable Commonwealth or Federal law.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter A - PRELIMINARY PROVISIONS › Section 51.7 - Public comments at Commission meetings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Public comments at meetings of
					 the full Board.
(1)
General
					 rules.
The Commission will provide a brief public comment period at
					 the beginning of each public meeting. The Commission ordinarily will accept
					 public comments following its committee reports and prior to its consideration
					 of the formal agenda. The Commission may limit comments to matters that are
					 within the Commission's jurisdiction that are not repetitive or duplicative of
					 other comments. The Commission president or presiding officer will request
					 members of the public wishing to comment to indicate prior to the start of the
					 meeting that they wish to provide public comment. The Commission president or
					 presiding officer will determine the appropriate time limit for individual
					 comments and announce that limit prior to receiving any comments. If members of
					 the public prepare a written statement, they will be asked to provide a copy to
					 the designated staff person. Members of the public representing a specific
					 organization will be requested to designate one spokesperson to present their
					 collective comments.
(2)
Consideration of agenda items.
The Commission ordinarily will
					 not permit public comments during the course of its meetings when it considers
					 agenda items or other matters before the Commission. The Commission president
					 or other presiding officer may invite brief public comments on items other than
					 regulatory actions when he determines that allowing the comments will be useful
					 in the best interests of the Commission.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter A - PRELIMINARY PROVISIONS › Section 51.8 - Counties where the use of the field acknowledgment of guilt is authorized

Current through Register Vol. 54, No. 28, July 13, 2024
Under section 925(d) of the code (relating to
						acknowledgment of guilt and receipts for payment), the field acknowledgment of
						guilt may be used in Philadelphia County.
The provisions of this §
													51.8 issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §
														925.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter A - PRELIMINARY PROVISIONS › Section 51.9 - Release of documents and records

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Consistent with the Right-to Know Law
					 (65
					 P. S. §§
												67.101-67.3104), and
					 sections 324 and 5503 of the code (relating to Commission records; and accident
					 reports), the Commission will make public records contained in its files
					 available to requesters for inspection and duplication during the Commission's
					 regular business hours of 8 a.m. to 4 p.m., Monday through Friday (excluding
					 Commonwealth holidays).
(b)
					 Requests for release of public records contained in Commission files must be
					 made in writing and submitted to: Director, Bureau of Administration,
					 Pennsylvania Fish and Boat Commission, Post Office Box 67000, Harrisburg,
					 Pennsylvania 17106-7000. Written requests for release of public records may be
					 sent by mail or by means of facsimile or by e-mail, or they may be delivered in
					 person during the Commission's regular business hours. The Commission will not
					 accept anonymous or oral requests.
(c) The requester will be charged the fee
					 prescribed by the Office of Open Records for the reproduction and release of
					 documents on paper or in electronic media. The Commission will charge $1 per
					 page up to $5 per document for certified copies. If the Commission mails copies
					 of documents duplicated under this section to the requester, the requester will
					 be charged the actual cost of postage or shipping. All charges shall be payable
					 by check or money order made payable to "Pennsylvania Fish and Boat
					 Commission." The Commission may require a requester to prepay fees if the fees
					 are expected to exceed $100. The Commission may waive copy charges and mailing
					 charges for good cause or in the public interest.
(d) Requests for records made by subpoena, in
					 addition to collection of subpoena fees, are subject to a reproduction charge
					 of $0.50 per page for black and white copies and $1 per page for color copies.
					 Copies provided on electronic media will be charge at $1 per document, plus $2
					 per diskette or compact disc. The Commission will charge $1 per page up to $5
					 per document for certified copies requested under a subpoena.
The provisions of this §
													51.9 issued under sections 3 and
						  8(a) of the Right to Know Law (65 P. S. §§
														66.3 and
						  66.8(a)); and section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186); amended under section 504 of the
						  Right-to-Know Law (65 P. S. §
														67.504) and
						  section 506 of The Administrative Code of 1929 (71 P. S. §
														186).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter A - PRELIMINARY PROVISIONS › Section 51.10 - Representation as issuing agent

Current through Register Vol. 54, No. 28, July 13, 2024
It is unlawful for persons to perform the functions of or
						to represent themselves as fishing license issuing agents or issuing agents for
						temporary boat registrations without being appointed or designated as such by
						the Commission.
The provisions of this §
													51.10 issued under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														2711(c) and
						  5304(d.1).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter B - ADMINISTRATION OF LIMITED POLICE POWERS BY WATERWAYS CONSERVATION OFFICER › Section 51.11 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The primary
					 responsibility of a waterways conservation officer is the enforcement of the
					 code and this part. Section 901(a)(12) of the code (relating to powers and
					 duties of waterways patrolmen and deputies) authorizes waterways conservation
					 officers, when acting within the scope of their employment, to pursue,
					 apprehend or arrest a person suspected of violating 18 Pa.C.S. (relating to the
					 Crimes Code) or another offense classified as a misdemeanor or
					 felony.
(b) This subchapter sets
					 forth the Commission's policies and procedures on administration of police
					 powers by waterways conservation officers. These policies and procedures are
					 intended to serve as internal operating guidelines for waterways conservation
					 officers. These policies and procedures will not be construed to detract from
					 the authority granted by section 901(a)(12) of the code or to invalidate or
					 otherwise affect the validity of an arrest, prosecution or other law
					 enforcement actions undertaken by a waterways conservation officer. These
					 policies and procedures confer no rights on persons charged with offenses by
					 waterways conservation officers.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter B - ADMINISTRATION OF LIMITED POLICE POWERS BY WATERWAYS CONSERVATION OFFICER › Section 51.12 - Policies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) It is the
					 policy of the Commission that a waterways conservation officer should arrest or
					 take other appropriate enforcement actions with respect to a violation of 18
					 Pa.C.S. (relating to the Crimes Code) or other offenses classified as
					 misdemeanors or felonies only when the offense occurs in the officer's presence
					 while performing normal Commission law enforcement duties, and there is no
					 officer present whose primary duty is enforcement of applicable State
					 laws.
(b) It is the policy of the
					 Commission that a waterways conservation officer should become involved in
					 enforcement of violations described in section 901(a)(2) of the code (relating
					 to powers and duties of waterways patrolmen and deputies) only to the degree
					 necessary to protect life and property.
(c) The public may not be encouraged to
					 believe that waterways conservation officer carries out general law enforcement
					 work in parts of this Commonwealththat are some distance from police services.
					 Complaints received shall be relayed to the proper enforcement agency, and the
					 complainant so advised.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter B - ADMINISTRATION OF LIMITED POLICE POWERS BY WATERWAYS CONSERVATION OFFICER › Section 51.13 - Procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) As soon as
					 possible after taking action with respect to an offense described in section
					 901(a)(12) of the code (relating to powers and duties of waterways patrolmen
					 and deputies), the officer will take reasonable steps to notify the law
					 enforcement agency with primary jurisdiction over the offense so that it may
					 initiate necessary further action.
(b) A waterways conservation officer involved
					 in enforcement actions with respect to offenses described in section 901(a)(12)
					 of the code shall secure and maintain onsite information and evidence as deemed
					 appropriate.
(c) A waterways
					 conservation officer involved in enforcement actions with respect to offenses
					 described in section 901(a)(12) of the code shall file reports with supervisors
					 that the Bureau of Law Enforcement requires.
(d) The Bureau of Law Enforcement shall
					 annually report to the Commission's Law Enforcement Committee on the number and
					 types of law enforcement actions undertaken under section 901(a)(12) of the
					 code in the preceding year.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter C - SUSPENSION, DENIAL OR REVOCATION OF LICENSES, PERMITS, REGISTRATIONS OR PRIVILEGES › Section 51.21 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
					 subchapter, adopted under section 928 of the code (relating to revocation,
					 suspension or denial of license, permit or registration), sets forth the
					 procedures to be followed by the Commission in suspending, denying or revoking
					 licenses, permits, special licenses and boat registration issued under the
					 authority of the code, to persons convicted of offenses under the code. For
					 purposes of this subchapter, a person will be deemed to be convicted of an
					 offense under the code if he voluntarily acknowledges guilt under section 925
					 of the code (relating to acknowledgment of guilt and receipts for
					 payment).
(b) Except as otherwise
					 specifically provided in this subchapter, 1 Pa. Code Part II (relating to
					 general rules of administrative practice and procedure) will apply to
					 proceedings hereunder. This subsection supplements 1 Pa. Code §
											31.1 (relating to scope of
					 part).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter C - SUSPENSION, DENIAL OR REVOCATION OF LICENSES, PERMITS, REGISTRATIONS OR PRIVILEGES › Section 51.22 - Initiation of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When an
					 officer of the Commission or other officer authorized to enforce the code
					 believes that a violator of the code-one who has been convicted or acknowledged
					 guilt for an offense thereunder-should be subject to suspension, or revocation
					 of a license, special license, permit, registration or privilege, the officer
					 shall submit a report outlining the facts and circumstances of the violation
					 and other surrounding or relevant facts to the Director of the Law Enforcement
					 Bureau. When a deputy waterways conservation officer or waterways conservation
					 officer initiates the proceedings, the report shall be submitted through normal
					 law enforcement channels. Each reviewer of the report shall add a
					 recommendation as to disposition.
(b) The Director of the Law Enforcement
					 Bureau will review the report together with the members of the Commission staff
					 as the Executive Director shall designate for this purpose. The Director will
					 report to the Executive Director, as to whether or not the staff recommends
					 further action.
This section cited in 58 Pa. Code §
													51.27 (relating to
						  hearings).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter C - SUSPENSION, DENIAL OR REVOCATION OF LICENSES, PERMITS, REGISTRATIONS OR PRIVILEGES › Section 51.23 - Order to show cause

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If, after
					 review of the staff report, the Executive Director determines that
					 revocation/suspension proceedings should go forward, he will cause the violator
					 to be served with an order to show cause on a form prescribed by the Director,
					 which form shall be in substantial compliance with 1 Pa. Code §
											35.14 (relating to orders to show
					 cause).
(b) Service of the order to
					 show cause shall be by certified or registered mail. Service is complete upon
					 delivery of the mail. If the mail is returned by the postal authorities with a
					 notation that the violator refused to accept the mail or that the mail was
					 unclaimed, the Commission will serve the order to show cause by ordinary mail
					 with the return address of the Commission appearing thereon. Service by
					 ordinary mail is complete if the mail is not returned to the Commission within
					 15 days after mailing. Other documents served by the agency shall be served by
					 first class mail in accordance with 1 Pa. Code §
											33.31 (relating to service by the
					 agency).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter C - SUSPENSION, DENIAL OR REVOCATION OF LICENSES, PERMITS, REGISTRATIONS OR PRIVILEGES › Section 51.24 - Answer to order to show cause

Current through Register Vol. 54, No. 28, July 13, 2024
A respondent shall file a written answer to an order to
						show cause. The answer shall be received at the Harrisburg office of the
						Commission no later than 20 days after the respondent received the order. The
						answer shall be in compliance with 1 Pa. Code §
											35.37 (relating to answers to
						orders to show cause). A respondent failing to file a timely answer that
						conforms with 1 Pa. Code §
											35.37 will be deemed in default,
						and relevant facts stated in the order to show cause be deemed
						admitted.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter C - SUSPENSION, DENIAL OR REVOCATION OF LICENSES, PERMITS, REGISTRATIONS OR PRIVILEGES › Section 51.25 - Demand for or waiver of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A respondent shall submit a timely demand for hearing with the answer to the
					 order to show cause. The demand shall be in writing and shall be accompanied by
					 a nonrefundable filing fee of $35 in the form of a money order, certified check
					 or bank cashier's check made payable to "Pennsylvania Fish and Boat
					 Commission." A hearing will not be conducted nor a demand deemed filed until
					 the complete filing fee is received by the Commission in the form specified and
					 within the time frame designated. Failure to file a demand for a hearing or to
					 submit the filing fee in the amount and form specified within the time limit
					 set for filing an answer will be deemed a waiver of the right to hearing. The
					 Commission will return to the respondent any filing fee that it receives that
					 does not comply with this subsection.
(b) A respondent may choose to waive a
					 hearing and submit written comments, objections or matters in mitigation or
					 extenuation with regard to the proposed suspension, denial or
					 revocation.
(c) If a respondent
					 demands a hearing and subsequently fails to appear at the hearing after being
					 given written notice of the date and time, the respondent's failure to appear
					 will be deemed a waiver of the right to a hearing, and a hearing will not be
					 conducted and the filing fee will not be refunded.
(d) Subsection (a) supplements 1 Pa. Code
					 §§
											33.21 and
					 33.22 (relating to filing fees;
					 and mode of payment of fees).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter C - SUSPENSION, DENIAL OR REVOCATION OF LICENSES, PERMITS, REGISTRATIONS OR PRIVILEGES › Section 51.26 - Procedure in lieu of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 When for any reason a hearing is not held with regard to a proposed suspension,
					 denial or revocation of a license, permit, registration or privilege granted
					 under the code, the entire written file on the case shall be submitted to the
					 Commission's Law Enforcement Committee, which shall review the matter and make
					 a final determination as to its disposition. The action of the Law Enforcement
					 Committee is considered the final agency action.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.226 (relating to final
					 orders).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter C - SUSPENSION, DENIAL OR REVOCATION OF LICENSES, PERMITS, REGISTRATIONS OR PRIVILEGES › Section 51.27 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a respondent
					 demands a hearing, the Executive Director will appoint a presiding officer to
					 conduct the hearing on behalf of the Commission. The presiding officer may be
					 an employe of the Commission who had not reviewed the proposed revocation
					 action after proceedings were initiated under §
											51.22 (relating to initiation of
					 proceedings). This subsection supersedes 1 Pa. Code §
											35.185 (relating to designation of
					 presiding officers).
(b) Hearings
					 will be conducted at the Harrisburg office of the Commission or at another
					 location in the Harrisburg area as the Executive Director may designate.
					 Respondents will be given at least 10 days written notice of the date and time
					 of the hearing.
(c) The burden of
					 proof to justify the proposed suspension, denial or revocation will be on the
					 Commission to prove by a preponderance of the evidence that the proposed action
					 is justified by the facts and circumstances.
(d) The presiding officer will permit either
					 oral argument at the conclusion of the hearing or the filing of written briefs,
					 but not both, except in cases of extraordinary complexity where he finds, upon
					 motion of the parties or his own motion, that the ends of justice require
					 allowance of both. In cases where briefs are to be filed, the procedures of 1
					 Pa. Code §§
											35.191-35.193 (relating to proceedings in
					 which briefs are to be filed; content and form of briefs; and filing and
					 service of briefs) will be followed. This subsection supersedes 1 Pa. Code
					 §
											35.204 (relating to oral argument
					 before presiding officer).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter C - SUSPENSION, DENIAL OR REVOCATION OF LICENSES, PERMITS, REGISTRATIONS OR PRIVILEGES › Section 51.28 - Report of the presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 After the hearing is closed, the transcript prepared, and briefs, if any,
					 received, the presiding officer will prepare a proposed report, the contents of
					 which shall be in substantial compliance with 1 Pa. Code §
											35.205 (relating to contents of
					 proposed reports).
(b) A copy of
					 the proposed report shall be served on respondent and other parties of record
					 who shall thereafter have 30 days to file exceptions to the reporttogether with
					 any brief on exceptions. Briefs opposing exceptions may be filed in accordance
					 with 1 Pa. Code §
											35.211 (relating to procedure to
					 except to proposed report).
(c) If
					 exceptions to the proposed report are not filed, the proposed report will be
					 considered the final administrative adjudication of the Commission.
(d) If exceptions to the proposed report are
					 filed, the proposed report, together with the entire record, the briefs, the
					 exceptions, and briefs on and opposing exceptions will be filed by the
					 Executive Director with the Chairperson of the Commission's Law Enforcement
					 Committee.
The provisions of this §
													51.28 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														741,
						  2502,
						  5122 and
						  5123; and section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter C - SUSPENSION, DENIAL OR REVOCATION OF LICENSES, PERMITS, REGISTRATIONS OR PRIVILEGES › Section 51.29 - Final action

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The members
					 of the Commission's Law Enforcement Committee will review the proposed report,
					 together with other matters of record and filings in the proceedings. At a
					 public meeting convened under the Open Meeting Law, the Committee will consider
					 the matter. Unless ordered by the Committee, no oral argument will be permitted
					 at the public meeting nor will the respondent be permitted to reargue or retry
					 matters that were raised or could have been raised before the presiding
					 officer. The Committee will vote to approve or disapprove a proposed report. If
					 committee action results in a suspension, denial or revocation of a license,
					 permit, privilege or registration, the Committee will set the date upon which
					 the action will take effect.
(b)
					 The action by the Committee will be considered the final administrative
					 adjudication of the Commission with respect to the suspension, denial or
					 revocation. The respondent will be notified in writing of the final action. The
					 final order will be considered officially entered on the date it is mailed or
					 otherwise served, whichever comes first.
(c) If, after the entry of a final order, the
					 respondent files a timely petition for review of the adjudication, he may apply
					 in writing to the Executive Director for a stay of the effective date of the
					 order. The filing of a petition for review may not operate as an automatic
					 stay. The Executive Director may grant a stay for good cause shown. Unless
					 stayed by the Executive Director or a court of competent jurisdiction, the
					 suspension, denial or revocation will take effect on the date provided in the
					 order.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter D - ISSUING AGENTS › Section 51.31 - Responsibility of issuing agents

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Issuing agents are responsible to ensure that the fishing license is fully
					 completed. The applicant shall make sure the information entered on the license
					 form is correct, and shall sign his own name or place his mark in the place
					 indicated on the reverse of the license certificate.
(b) Issuing agents shall verify the
					 eligibility of the applicant for the class of license indicated on the license
					 in accordance with §
											51.32 (relating to resident and
					 nonresident licenses).
(c) The
					 issuing agent shall transfer the information provided by the applicant to the
					 license certificate, assuring that the information can be easily read.
					 Information on the license certificate shall agree with the information
					 provided and be typed or printed in ink.
(d) Agents shall use standard abbreviations
					 supplied by the Commission for the color of eyes.
(e) Each license shall bear the account
					 number of the issuing agent and the signature or initials of the person issuing
					 the license.
(f) Issuing agents
					 shall issue licenses in numerical sequence.
(g) Issuing agents shall provide a
Summary of Fishing Regulations and Laws
with each license
					 issued. Issuing agents also shall provide a copy of the summary book to any
					 holder of a Senior Resident Lifetime Fishing License who requests one. Failure
					 to comply with this subsection will be grounds for recall of the issuing agency
					 as provided in section 2711 of the code (relating to issuing agents). Issuing
					 agents are encouraged to provide a copy of the summary book, if adequate
					 numbers are available, to other individuals who request one.
(h) Issuing agents are responsible to ensure
					 that when someone buys a license as a gift for another person, the person
					 buying the license signs his name on the reverse of the agent's copy of the
					 license and indicates that the license was purchased as a gift. The recipient
					 of the gift license shall sign his name on the original of the
					 license.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter D - ISSUING AGENTS › Section 51.32 - Resident and nonresident licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Only bona fide residents of this Commonwealth who establish their resident
					 status by producing a Pennsylvania motor vehicle driver's license or other
					 positive means of identification are entitled to obtain one of the various
					 forms of a resident fishing license.
(1)
					 Other positive means of identification for establishing bona fide residence in
					 this Commonwealth include proof of payment of Pennsylvania Personal Income Tax
					 as a resident of this Commonwealth; proof of payment of earned income, personal
					 income tax or per capita taxes showing residence in a Pennsylvania
					 municipality; current Pennsylvania firearms permit; Pennsylvania voter
					 registration card; Pennsylvania nondriver identification card; or a signed
					 affidavit of Pennsylvania residency on the form prescribed by the
					 Commission.
(2) For purposes of
					 this subsection, a bona fide resident of this Commonwealth is a permanent
					 resident who has a fixed intent to return to this Commonwealth when he leaves
					 it and maintains a permanent place of abode here. A person may not be a bona
					 fide resident of this Commonwealth for this purpose while claiming residence in
					 another state for any purpose.
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter D - ISSUING AGENTS › Section 51.33 - Effective dates of licenses and permits

Current through Register Vol. 54, No. 28, July 13, 2024
Fishing licenses and related permits are valid for the
						year printed on the license certificate or permit, and the month of December of
						the preceding year, except for 1-day and tourist licenses that are valid for
						the dates specified on the license certificate.
The provisions of this §
													51.33 amended under the Fish and
						  Boat Code,
						  30 Pa.C.S. §§
														741,
						  2502,
						  5122 and
						  5123; and section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186).
Pennsylvania Code › Title 58 - RECREATION › Part II - FISH AND BOAT COMMISSION › Subpart A - General Provisions › Chapter 51 - ADMINISTRATIVE PROVISIONS › Subchapter D - ISSUING AGENTS › Section 51.34 - Stamps and permits

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commission may require licensees to possess stamps or permits to fish for
					 certain species or in certain bodies of water.
(b) Individuals who purchase the stamp or
					 permit to fish for the specified species or in designated bodies of water shall
					 permanently affix the stamp or permit to their license certificate, sign their
					 names (or in the instance of small stamps or permits, their initials) in ink
					 across the face of the stamp or permit and display the stamped or permitted
					 license certificate when fishing for the specified species or on the designated
					 body of water. The buyer is not required to affix the stamp or permit on the
					 license certificate until he actually engages in the stamped or permitted
					 activity.
(c) Issuing agents shall
					 make stamps and permits available to individuals purchasing them as
					 collectibles. The buyer does not have to sign the stamp or permit.