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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter C. LAW ENFORCEMENT POLICIES


Sec.


57.41.    Deputy waterways conservation officers.
57.42.    [Reserved].
57.43.    [Reserved].
57.44.    Honorary deputy waterways conservation officer.
57.45.    Suspension of licenses and privileges under the Accelerated Rehabilitative Disposition Program.

Authority

   The provisions of this Subchapter C issued under the Fish and Boat Code, 30 Pa.C.S. § §  305, 322, 741, 928, 2102, 2307, 2711 and 5122—5124, unless otherwise noted.

Source

   The provisions of this Subchapter C adopted December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691, unless otherwise noted.

§ 57.41. Deputy waterways conservation officers.

 (a)  The Commission’s Bureau of Law Enforcement will establish and implement policies as necessary to administer a volunteer deputy waterways conservation officer program. The policies, at a minimum, shall address the following:

   (1)  Eligibility and procedure for appointment.

   (2)  Training, law enforcement procedures and firearms and other qualifications.

   (3)  Wearing of uniforms.

 (b)  Commissions for deputy waterways conservation officers expire on December 31 of the year in which they were issued. No person has a right, title or interest in being commissioned as a deputy waterways conservation officer nor an expectation that his commission will be reissued for a subsequent year. Commissions are issued until December 31 and no longer.

 (c)  The district waterways conservation officer or region manager may temporarily suspend the commission of a deputy waterways conservation officer for failure to comply with the policies established by the Bureau of Law Enforcement. The Executive Director or a designee may permanently revoke the commission of a deputy waterways conservation officer when revocation is deemed to be in the best interests of the Commission.

Source

   The provisions of this §  57.41 adopted December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended June 23, 1989, effective June 24, 1989, 19 Pa.B. 2690; amended June 29, 2001, effective June 30, 2001, 31 Pa.B. 3415. Immediately preceding text appears at serial page (228634).

§ 57.42. [Reserved].


Source

   The provisions of this §  57.42 adopted December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; amended June 23, 1989, effective June 24, 1989, 19 Pa.B. 2690; amended December 14, 1990, effective December 15, 1990, 20 Pa.B. 6179; reserved June 29, 2001, effective June 30, 2001, 31 Pa.B. 3415. Immediately preceding text appears at serial pages (228635) to (228636).

§ 57.43. [Reserved].


Source

   The provisions of this §  57.43 adopted December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691; reserved June 23, 1989, effective June 24, 1989, 19 Pa.B. 2690. Immediately preceding text appears at serial page (108046).

§ 57.44. Honorary deputy waterways conservation officer.

 (a)  Former members of the Commission. Former members of the Commission are designated special honorary deputy waterways conservation officers unless they apply for and are appointed as active deputies.

 (b)  Others. Other responsible individuals recommended by the members of the Commission or the Executive Director may be designated as honorary deputy waterways conservation officers.

 (c)  Status. Honorary deputy waterways conservation officers shall receive no badge or commission and are not authorized to perform law enforcement duties. They will receive a suitable certificate attesting to their status and recognizing their contributions to the Commonwealth and the Commission.

Source

   The provisions of this §  57.44 adopted December 28, 1984, effective December 29, 1984, 14 Pa.B. 4691.

§ 57.45. Suspensions of licenses and privileges under the Accelerated Rehabilitative Disposition Program.

 (a)  Upon receipt of an order of court directing the suspension or revocation of fishing or boating privileges of a person placed in the Accelerated Rehabilitative Disposition (ARD) program, the Executive Director or a designee will issue a written notice of suspension or revocation as provided in the order.

 (b)  If the period of suspension or revocation provided in the ARD order is less than 1 year, the notice of suspension or revocation issued under subsection (a) shall provide that the supension or revocation shall be effective during the period from April 15 until September 15, if the order provides for suspension or revocation for 120 days or more, or during part of the period from April 15 until September 15 that the Executive Director deems appropriate if the order provides for a suspension or revocation for less than 120 days.

 (c)  It is the policy of the Commission that when a suspension or revocation of a license or privilege is ordered under the ARD program for an offense that carries a mandatory period of suspension or revocation under the Code, the ARD-ordered period of suspension or revocation may be no less than the mandatory minimum period for suspensions/revocations upon conviction of the charged offense.

Authority

   The provisions of this §  57.45 issued under the Fish and Boat Code, 30 Pa.C.S. § §  741, 928 and 2102.

Source

   The provisions of this §  57.45 adopted July 18, 1986, effective July 19, 1986, 16 Pa.B. 2644.



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