§ 51.35. Sanctions for violations by dealers.
(a) Sanctions. A dealer who has failed to forward documents required by section 7712.2(c) or section 7715.1(a) of the Vehicle Code (relating to transfer to or from dealer; and snowmobile or ATV purchased from dealer) to the Department within 15 days or who has submitted to the Department documents accompanied by uncollectable checks drawn on the account of the dealer, is subject to the following sanctions after receiving written notice and an opportunity for a hearing:
(1) First violation. Suspension of dealer registration until the documents are submitted or checks are paid.
(2) Second violation. Suspension of dealer registration until the documents are submitted or checks are paid, plus 3 months suspension.
(3) Third violation. Suspension of dealer registration until the documents are submitted or checks are paid, plus 6 months suspension.
(4) Fourth and subsequent violation. Revocation of dealer registration.
(b) Second and subsequent violations. Second violations are determined on the basis of a previous violation under this section committed within a 3-year period. Third or subsequent violations are determined on the basis of two or more previous violations 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 applied concurrently or consecutively.
(d) Revocation. Upon revocation of a dealer’s registration, the dealer will be debarred from applying for a new registration for 1 year.
(e) Effective date of suspension or revocation. A suspension or revocation of dealer registration shall take effect on the date ordered by the Department.
(f) Return of dealer certificate, plates and cards.
(1) Within 3 days of the effective date of a suspension or revocation of dealer registration, a dealer shall return to the Department the registration certificate, the registration plates and the registration cards that had been issued to the dealer by the Department.
(2) A dealer who fails to comply with paragraph (1) is subject to an addition of 3 months to the suspension imposed under subsection (a) or the revocation imposed under subsection (d).
(g) Hearings. The provisions in 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure) apply to hearings under this section.
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