§ 149.8. Penalties.
(a) General.
(1) The Department may suspend or revoke the certification of any person who violates the provisions of the act or this chapter or for whom the Department receives:
(i) Homeowner complaints.
(ii) Complaints from building code officials regarding performance of duties.
(iii) Evidence of a conviction of moral turpitude or similar crime.
(iv) Information that indicates a repeated failure to properly install manufactured homes.
(v) Evidence of fraud.
(vi) Evidence of loss of licensure or certification issued by another state or HUD.
(vii) Evidence of a violation of the Manufactured Home Procedural and Enforcement Regulations.
(2) Persons who wish to lodge a complaint with the Department may do so by any means of communication. If the complaint is made verbally, it must be followed up in writing. Before the Department suspends or revokes a certification, the Department will provide written notification to the certified person. The Department will specify in the notification the reason for the suspension or revocation and a time and place for a hearing on the matter, to be held within thirty days of notification.
(b) Prior to the issuance of written notification of suspension or revocation to the certified person, the Department may issue written warnings to the certified person. Written warnings will specify the alleged violations and may include a request for a written response to the allegations set forth in the written warnings from the certified person.
(c) Additionally, the Department may impose a civil penalty of up to $1,000 per violation, not to exceed $1,000,000 in the aggregate, on any person who violates the provisions of the act or this chapter. The Department may impose the penalty only after affording the accused party the opportunity for a hearing, as provided in 2 Pa.C.S. (relating to administrative law and procedure).
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