Subchapter C. SUSPENSION, DENIAL OR REVOCATION OF LICENSES, PERMITS, REGISTRATIONS OR PRIVILEGES
Sec.
51.21. Scope.
51.22. Initiation of proceedings.
51.23. Order to show cause.
51.24. Answer to order to show cause.
51.25. Demand for or waiver of hearing.
51.26. Procedure in lieu of hearing.
51.27. Hearings.
51.28. Report of the presiding officer.
51.29. Final action.
Authority The provisions of this Subchapter C issued under the Fish and Boat Code, 30 Pa.C.S. § 928, unless otherwise noted.
Source The provisions of this Subchapter C adopted October 16, 1981, effective October 17, 1981, 11 Pa.B. 3553, unless otherwise noted.
Cross References This subchapter cited in 58 Pa. Code § 51.122 (relating to permits); 58 Pa. Code § 63.41 (relating to recognition of charter boat and fishing guide operations); 58 Pa. Code § 69.26 (relating to reports); and 58 Pa. Code § 71a.10 (relating to triploid grass carp).
§ 51.21. Scope.
(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).
§ 51.22. Initiation of proceedings.
(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.
Source The provisions of this § 51.22 amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6179. Immediately preceding text appears at serial page (116083).
Cross References This section cited in 58 Pa. Code § 51.27 (relating to hearings).
§ 51.23. Order to show cause.
(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).
Source The provisions of this § 51.23 amended June 25, 1999, effective June 26, 1999, 29 Pa.B. 3210. Immediately preceding text appears at serial page (216389).
§ 51.24. Answer to order to show cause.
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.
§ 51.25. Demand for or waiver of hearing.
(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).
Source The provisions of this § 51.25 amended December 7, 2001, effective December 8, 2001, 31 Pa.B. 6669. Immediately preceding text appears at serial page (257194).
§ 51.26. Procedure in lieu of hearing.
(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).
§ 51.27. Hearings.
(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).
§ 51.28. Report of the presiding officer.
(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.
Authority 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).
Source The provisions of this § 51.28 amended January 2, 1998, effective January 1, 1998, 28 Pa.B. 30. Immediately preceding text appears at serial pages (216390) and (227609).
§ 51.29. Final action.
(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.
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