§ 3a.9. Suspension or revocation of Pennsylvania inspector commission.
(a) General. The Department may suspend or revoke a Pennsylvania inspector commission for due cause under section 11(d) of the act (34 P. S. § 1331.11(d)). Due cause includes the following:
(1) Practicing fraud or deceit or making untrue representations in obtaining a commission.
(2) Failure to remit the required commission fee under § 3a.2 (relating to fees).
(3) Violating a provision of the act or this chapter.
(4) Incompetence or gross negligence while acting as a boiler inspector.
(5) Acting in a manner presenting a danger to public health and safety.
(6) Having a commission or any other authorization to engage in the business of boiler inspection revoked or suspended or having other disciplinary action taken, surrendering a commission or other authorization in lieu of discipline, or having an application for a commission or authorization to engage in the business of boiler inspection refused or denied by the National Board, the proper authority of another state or Federal district, territory, insular possession of the United States or Canada.
(7) Engaging in fraud, deceit or other act of moral turpitude while acting as a boiler inspector.
(8) Failure to enforce the act or this chapter.
(9) Engaging in boiler inspection activities without a current commission issued by the Department.
(10) Pleading guilty, entering a plea of nolo contendere, being found guilty, receiving probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition for any felony or for any other crime relating to boiler inspection in the courts of this Commonwealth, a Federal court, a court of any other state, territory or insular possession of the United States or a court of Canada.
(b) Notice and hearing. Actions of the Department relating to suspension or revocation under this section will be taken subject to the right of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to administrative law and procedure). Suspension and revocation proceedings will be conducted under 1 Pa. Code Part II (relating to the General Rules of Administrative Practice and Procedure).
(c) Procedure for suspension or revocation.
(1) The Department will serve the boiler inspector with an order to show cause under 1 Pa. Code § 35.14 (relating to orders to show cause). The order to show cause will contain notification that the certification may be subject to action and the grounds for the action. The order to show cause will require that the boiler inspector respond in writing within 30 days after the date of service of the order. The Department will also serve a copy of the order to show cause upon the boiler inspector’s current employer, if any.
(2) The boiler inspector shall file an answer in writing to the allegations set forth in the order to show cause in accordance with 1 Pa. Code § 35.37 (relating to answers to orders to show cause). If made, answers shall be filed with the Department at the appropriate address within 30 days after the date of service of the order to show cause. Failure to file an answer will result in the entry of a default judgment against the inspector.
(3) At the request of any of the parties, the Department will hold a hearing on the matter. The Secretary will designate a presiding officer to preside at the hearing and to issue a proposed report under 1 Pa. Code § § 35.201—35.207 (relating to proposed reports). The Secretary may delegate final authority to the hearing examiner.
(4) The presiding officer will have the power to conduct hearings under 1 Pa. Code § § 35.185—35.190 (relating to presiding officers). The presiding officer will issue a proposed report that must be served upon counsel of record or to the parties in the hearing. The presiding officer will transmit the proposed report and the certified record to the Secretary within 15-days after issuance of the proposed report.
(5) A participant desiring to appeal to the Secretary shall, within 30 days after the service of a copy of the proposed report, file exceptions to the proposed report under 1 Pa. Code § 35.211 (relating to procedure to except to proposed report). A response may be filed within 20 days to the exceptions.
(6) The Secretary or a designee will issue a final order under 1 Pa. Code § 35.226 (relating to final orders).
(d) The Department may not reinstate a Pennsylvania inspector commission that was revoked under this section unless ordered to do so by a court of competent jurisdiction. The Department will order the surrender of the Pennsylvania inspector commission documents following an order of revocation or suspension.
(e) Subsection (c) supplements 1 Pa. Code § § 35.14, 35.37, 35.185—35.190 35.201—35.207, 35.211 and 35.226.
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