Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General rule. Violation of this chapter or the permit
requirements constitutes grounds for imposition of the following penalties:
(1) Upon receipt of oral or written notice of
violations from the authorized representative of the Department or a police
officer whose jurisdiction includes the permitted work area, the permittee
shall cease to perform any further work in the permitted area except to restore
the area to a safe condition. No further work may commence in the permitted
area until the violations have been remedied. Where the permittee has received
oral notice of the violations, written notice shall be sent to the permittee
within 10 days of receipt of the oral notice.
(2) Confiscation of the applicant's permit or
emergency permit card by any police officer or authorized representative of the
Department.
(3) Revocation of the
applicant's permit or emergency permit card by the Department.
(4) Removal of facilities installed without a
permit or in violation of the provisions of this chapter.
(5) Fines, imprisonment or other penalties as
are provided by statute.
(6) Other
action as may be deemed necessary or proper after consultation with the Office
of Chief Counsel.
(7) Other
conditions which may be specified on a Departmental Citation.
(b)
Additional grounds for
revocation. Additional grounds for revocation shall be as follows:
(1) The Department may revoke a permit
whenever it determines that the permitted facility is not being maintained, is
in violation of a condition of the permit or this chapter, constitutes a hazard
to traffic or interferes with the proper use of the highway by the Department
or the public.
(2) The Department
may revoke a permit for nonpayment of a fee authorized in §
459.4 (relating to permit fees)
including default of a check submitted for payment.
(c)
Revocation procedure.
Prior to revocation of a permit, except for nonpayment as specified in
subsection (b)(2), the permittee shall be given an opportunity for a hearing
under
2
Pa.C.S. §§ 501-508 and
701-704 (relating to the
Adimnistrative Agency Law).
The provisions of this §
459.12 amended under sections 411,
420 and 702 of the State Highway Law (36 P. S. §§
670-411,
670-420 and
670-702).
