Current through Register Vol. 54, No. 38, September 21, 2024
(a)
General. The Department may suspend or revoke a Pennsylvania
inspector commission for due cause under section 11(d) of the act
(34
P. S. § 1331.11(d)).
Due cause includes the following:
(1)
Practicing fraud or deceit or making untrue representations in obtaining a
commission.
(2) Failure to remit
the required commission fee under § 3a.2 (relating to fees).
(3) Violating a provision of the act or this
chapter.
(4) Incompetence or gross
negligence while acting as a boiler inspector.
(5) Acting in a manner presenting a danger to
public health and safety.
(6)
Having a commission or any other authorization to engage in the business of
boiler inspection revoked or suspended or having other disciplinary action
taken, surrendering a commission or other authorization in lieu of discipline,
or having an application for a commission or authorization to engage in the
business of boiler inspection refused or denied by the National Board, the
proper authority of another state or Federal district, territory, insular
possession of the United States or Canada.
(7) Engaging in fraud, deceit or other act of
moral turpitude while acting as a boiler inspector.
(8) Failure to enforce the act or this
chapter.
(9) Engaging in boiler
inspection activities without a current commission issued by the
Department.
(10) Pleading guilty,
entering a plea of nolo contendere, being found guilty, receiving probation
without verdict, disposition in lieu of trial or an Accelerated Rehabilitative
Disposition for any felony or for any other crime relating to boiler inspection
in the courts of this Commonwealth, a Federal court, a court of any other
state, territory or insular possession of the United States or a court of
Canada.
(b)
Notice and hearing. Actions of the Department relating to
suspension or revocation under this section will be taken subject to the right
of notice, hearing and adjudication in accordance with 2 Pa.C.S. (relating to
administrative law and procedure). Suspension and revocation proceedings will
be conducted under 1 Pa. Code Part II (relating to the General Rules of
Administrative Practice and Procedure).
(c)
Procedure for suspension or
revocation.
(1) The Department will
serve the boiler inspector with an order to show cause under 1 Pa. Code §
35.14 (relating to orders to show
cause). The order to show cause will contain notification that the
certification may be subject to action and the grounds for the action. The
order to show cause will require that the boiler inspector respond in writing
within 30 days after the date of service of the order. The Department will also
serve a copy of the order to show cause upon the boiler inspector's current
employer, if any.
(2) The boiler
inspector shall file an answer in writing to the allegations set forth in the
order to show cause in accordance with 1 Pa. Code §35.37 (relating to answers to
orders to show cause). If made, answers shall be filed with the Department at
the appropriate address within 30 days after the date of service of the order
to show cause. Failure to file an answer will result in the entry of a default
judgment against the inspector.
(3)
At the request of any of the parties, the Department will hold a hearing on the
matter. The Secretary will designate a presiding officer to preside at the
hearing and to issue a proposed report under 1 Pa. Code §§35.201-35.207 (relating to proposed
reports). The Secretary may delegate final authority to the hearing
examiner.
(4) The presiding officer
will have the power to conduct hearings under 1 Pa. Code §§35.185-35.190 (relating to presiding
officers). The presiding officer will issue a proposed report that must be
served upon counsel of record or to the parties in the hearing. The presiding
officer will transmit the proposed report and the certified record to the
Secretary within 15-days after issuance of the proposed report.
(5) A participant desiring to appeal to the
Secretary shall, within 30 days after the service of a copy of the proposed
report, file exceptions to the proposed report under 1 Pa. Code §35.211 (relating to procedure to
except to proposed report). A response may be filed within 20 days to the
exceptions.
(6) The Secretary or a
designee will issue a final order under 1 Pa. Code §35.226 (relating to final
orders).
(d) The
Department may not reinstate a Pennsylvania inspector commission that was
revoked under this section unless ordered to do so by a court of competent
jurisdiction. The Department will order the surrender of the Pennsylvania
inspector commission documents following an order of revocation or
suspension.
(e) Subsection (c)
supplements 1 Pa. Code §§
35.14,
35.37, 35.185-35.190
35.201-35.207, 35.211 and 35.226.
