Current through Register Vol. 54, No. 50, December 14, 2024
Section 43b.425 - Schedule of criminal convictions-state Board of Auctioneer Examiners(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Auctioneer Examiners (Board). (1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).(2) The following additional criminal offenses that have been deemed by the Board as directly related to the professions regulated by the Board, which shall raise a rebuttable presumption that the individual's licensure, certification, permitting or registration poses a substantial risk to the individual's clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i): (i)18 Pa.C.S. § 3924 (relating to theft of property lost, mislaid, or delivered by mistake).(ii)18 Pa.C.S. § 3925 (relating to receiving stolen property).(iii)18 Pa.C.S. § 3927 (relating to theft by failure to make required disposition of funds received).(iv)18 Pa.C.S. § 4102 (relating to simulating objects of antiquity, rarity, etc.).(v)18 Pa.C.S. § 4104 (relating to tampering with records or identification).(vi)18 Pa.C.S. § 4107 (relating to deceptive or fraudulent business practices).(vii)18 Pa.C.S. § 4108 (relating to commercial bribery and breach of duty to act disinterestedly).(viii)18 Pa.C.S. § 4109 (relating to rigging publicly exhibited contest).(ix)18 Pa.C.S. § 4112 (relating to receiving deposits in a failing financial institution).(x)18 Pa.C.S. § 4113 (relating to misapplication of entrusted property and property of government or financial institutions).(xi)18 Pa.C.S. § 4114 (relating to securing execution of documents by deception).(xii)18 Pa.C.S. § 4119 (relating to trademark counterfeiting).(xiii)18 Pa.C.S. § 4911 (relating to tampering with public records or information).(xiv)18 Pa.C.S. § 4913 (relating to impersonating a notary public or holder of a professional or occupational license).(xv) Section 29(a) of the Auctioneer Licensing and Trading Assistant Registration Act (63 P.S. § 734.29(a)), pertaining to criminal penalties for unlicensed practice.(xvi) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in sub-paragraphs (i)-(xv).(xvii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.(xviii) An equivalent crime in another jurisdiction.(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual's clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board's determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).Adopted by Pennsylvania Bulletin, Vol 54, No. 42. October 19, 2024, effective 10/19/2024