Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 5598 (August 31, 2024).

52 Pa. Code § 1001.61. Penalties.

§ 1001.61. Penalties.

 (a)  Monetary penalty range. If a penalty has not been otherwise assigned to a violation of any provision of the act, this part or an order of the Authority, the penalty applicable to the violation may not be less than $25 and not greater than $1,000.

 (b)  Additional penalties. The penalty requested in a formal complaint initiated as provided in Chapter 1005 (relating to formal proceedings) may include one or more of the following:

   (1)  A monetary penalty payable to the Authority.

   (2)  A suspension of rights.

   (3)  A modification of rights.

   (4)  A cancellation of rights.

 (c)  Reduced penalties.

   (1)  The Authority will create a schedule of penalties that encourages a regulated person to correct a violation of a provision of the act, this part or an order of the Authority within 48 hours of the issuance of a formal complaint for a reduction of the penalty being requested in the formal complaint. The schedule of reduced penalties will be posted on the Authority’s web site at www.philapark.org/tld.

   (2)  To earn a reduced penalty, a regulated person shall do all of the following within 48 hours of the issuance of the formal complaint:

     (i)   Correct the violation and provide proof of the correction to the Enforcement Department.

     (ii)   Remit payment of the reduced penalty to the Clerk as provided in §  1001.42 (relating to mode of payment to the Authority).

Authority

   The provisions of this §  1001.61 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1001.61 temporarily amended May 5, 2017, effective February 25, 2017, expire upon promulgation of final-form regulations or on November 5, 2018, whichever is later, as set forth in 53 Pa.C.S. §  57B02(b), 47 Pa.B. 2558. Immediately preceding text appears at serial page (360341).

Cross References

   This section cited in 52 Pa. Code §  1005.12 (relating to content of formal complaints); 52 Pa. Code §  1011.11 (relating to record retention); and 52 Pa. Code §  1051.10 (relating to record retention).



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