§ 43b.3. Procedures.
(a) Inspections/investigations. Authorized agents may conduct inspections and investigations for the purpose of ascertaining compliance with statutory provisions and regulations of licensing boards and commissions relating to required licensure and the conduct or operation of a business or facility.
(b) Citations.
(1) If an inspection reveals a violation of a statute or a regulation for which a civil penalty has been established under the schedules in this chapter, the authorized agent may prepare a citation indicating the violations found and the penalties imposed. A copy of the citation will be provided to the respondent.
(2) The citation shall be made on a form approved by the Bureau.
(3) Within 10 days of the date of the issuance of the citation, the respondent shall enter one of the following:
(i) A plea to admit to the violation and remit payment of the civil penalty to the Bureau.
(ii) A plea to deny the violation and request a hearing to contest the imposition of a civil penalty.
(4) Failure to respond to the citation in the manner specified in paragraph (3) within 10 days will result in the entry of a default judgment against the respondent for the full amount of the civil penalty and may result in additional disciplinary action.
(5) The civil penalties shall be paid by certified check or cashier’s check or money order and made payable to the ‘‘Commonwealth of Pennsylvania,’’ and mailed to: Commonwealth of Pennsylvania, Department of State, Complaints Office—Citations, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649.
(c) Citation hearings.
(1) Citation hearings shall be conducted by a hearing examiner in compliance with 2 Pa.C.S. § § 501—508 and 701—704 (relating to Administrative Agency Law).
(2) If a violation is found, the hearing examiner shall impose the full amount of the civil penalty as charged in the citation and as authorized by the schedules in this chapter.
(d) Appeals. A decision by a hearing examiner may be appealed by any party by filing an application for review with the appropriate licensing Board within 20 days of the mailing date of the order. An application for review shall set forth with specificity the grounds for appeal. The Board will review the record established before the hearing examiner and in its discretion receive additional evidence.
(e) Miscellaneous. This section supplements 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedures).
Source The provisions of this § 43b.3 amended March 2, 2001, effective March 3, 2001, 31 Pa.B. 1227; amended December 22, 2006, effective December 23, 2006, 36 Pa.B. 7833. Immediately preceding text appears at serial pages (307368) to (307369) and (274975).
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