Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Civil
penalties.
(1) A person who
willfully or repeatedly violates the act or this chapter is subject to a civil
penalty not to exceed $2,000 with respect to each violation.
(2) If the Department elects to pursue a
civil penalty, it will provide the person who is the proposed subject of that
civil penalty with written notice of the proposed adjudication assessing the
civil penalty, and afford that person 7 working days from receipt of that
notice within which to deliver to the Department a written request for an
administrative hearing on the proposed civil penalty.
(3) A written request for an administrative
hearing must specify those portions of the proposed adjudication with respect
to which the person requesting the hearing takes issue, the basis for the
objection and other relevant facts or arguments not addressed in the proposed
adjudication. The administrative hearing will be limited to these objections,
additional facts or arguments. Any portion of the proposed adjudication that is
not specifically objected to will be deemed admitted at the administrative
hearing.
(4) The Department will,
in accordance with section 11(a) of the act (4 P. S. §
411(a)), grant an
administrative hearing within 7 days of receiving a written request for an
administrative hearing. The Department will grant this hearing by mailing or
delivering a notice to the person making the request, setting forth the date,
time and location of the administrative hearing. An administrative hearing is
"granted" for purposes of section 11(a) of the act if the referenced notice is
mailed or delivered within the 7-day period, regardless of whether the actual
scheduled date of the administrative hearing is before or after the expiration
of the referenced 7-day period.
(5)
If a timely request for an administrative hearing is not received, the
Department will issue the proposed adjudication as its final adjudication, and
deliver that final adjudication to the subject of that document.
(b)
Criminal
penalties. An owner or lessee of an amusement ride or amusement
attraction who willfully violates the act or this chapter where the violation
causes death to a member of the public exposed to the violation, commits a
misdemeanor of the third degree and shall, upon conviction, be sentenced to pay
a fine not exceeding $2,500 or to a term of imprisonment not exceeding 1 year,
or both. If the conviction is for a violation committed after a first
conviction, the offender shall be sentenced to pay a fine not exceeding $5,000
or to a term of imprisonment not exceeding 1 year, or both.
(c)
False representation. A
person who knowingly makes a false statement, representation or certification
in an application, record, report, plan or other document filed or required to
be maintained under the act commits a misdemeanor of the third degree and
shall, upon conviction, be sentenced to pay a fine not exceeding $2,500 or to a
term of imprisonment not exceeding 6 months, or both.
