Current through Register Vol. 54, No. 44, November 2, 2024
(a) An
application for issuance or renewal of a license, permit, certification,
registration or authorization may be denied, or a license, permit,
certification, registration or authorization may be suspended or revoked if:
(1) The applicant has failed to prove to the
satisfaction of the Board that the applicant or any of the persons required to
be qualified are in fact qualified in accordance with the act and with this
part.
(2) The applicant for or
holder of a license, permit, certification, registration or authorization has
violated the act or this part.
(3)
The applicant for or holder of a license, permit, certification, registration
or authorization is disqualified under the criteria in the act.
(4) The applicant for or holder of a license,
permit, certification, registration or authorization has misrepresented,
falsified or omitted a fact in the application for licensure or
renewal.
(5) The applicant for or
holder of a license, permit, certification, registration or authorization has
failed to comply with Federal, state or local laws or regulations.
(6) The applicant for or holder of a license,
permit, certification, registration or authorization is not current or is in
arrears on a financial obligation owed to the Commonwealth or a subdivision
thereof, including court-ordered child support payments.
(b) An individual will be disqualified from
obtaining or holding:
(1) A principal or key
employee license if the individual has been convicted of a:
(i) Felony offense in any
jurisdiction.
(ii) Misdemeanor
gambling offense in any jurisdiction, unless 15 years have elapsed from the
date of conviction for the offense.
(2) A permit if the individual has been
convicted of a felony or misdemeanor gambling offense in any jurisdiction
unless 15 years have elapsed from the date of conviction for the
offense.
(c) When
considering an application for registration from an individual who has been
convicted of a felony or misdemeanor gaming offense in any jurisdiction, a
permit from an individual who has been convicted of a felony or misdemeanor
gaming offense in any jurisdiction when 15 years have elapsed from the date of
the conviction for the offense, or a license from an individual who has been
convicted of a misdemeanor gaming offense in any jurisdiction when 15 years
have elapsed from the date of the conviction for the offense, the Board will
consider:
(1) The nature and duties of the
applicant's position with the licensed entity.
(2) The nature and seriousness of the offense
or conduct.
(3) The circumstances
under which the offense or conduct occurred.
(4) The age of the applicant when the offense
or conduct was committed.
(5)
Whether the offense or conduct was an isolated or a repeated
incident.
(6) Evidence of
rehabilitation, including good conduct in the community, counseling or
psychiatric treatment received and the recommendation of persons who have
substantial contact with the applicant.
(d) For purposes of this section, a felony
offense is any of the following:
(1) An
offense punishable under the laws of the Commonwealth by imprisonment for more
than 5 years.
(2) An offense which,
under the laws of another jurisdiction, is either:
(i) Classified as a felony.
(ii) Punishable by imprisonment for more than
5 years.
(3) An offense
under the laws of another jurisdiction which, if committed in this
Commonwealth, would be subject to imprisonment for more than 5 years.
(e) An individual may not be
employed in this Commonwealth by an applicant for or holder of a license,
certification, registration or authorization under this part in any capacity
unless the individual is a citizen of the United States or can demonstrate that
he holds a current and valid work authorization and is not restricted from
working in the capacity for which employment is sought or held.
(f) A denial of an application or nonrenewal,
suspension or revocation of a license, permit, certification, registration or
authorization may be made for a sufficient cause consistent with the act, this
part and the public interest.
The provisions of this § 421a.2 amended under
4
Pa.C.S. §§
1202(b)(9)-(23), 1205,
1206(f) and (g), 1207(1) and (2), 1208(1)(iii), 1209(b), 1212, 1213, 13A11,
13A12-13A14, 13A15 and 1802 and Chapter
13.
