Current through Register Vol. 54, No. 50, December 14, 2024
Section 43b.437 - Schedule of criminal convictions-Navigation Commission for the Delaware River and its Navigable Tributaries(a) A conviction of any of the criminal offenses set forth in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the Navigation Commission for the Delaware River and its Navigable Tributaries (Navigation Commission).(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 Navigation Commission as directly related to the piloting profession, 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)75 Pa.C.S. § 3742.1 (relating to accidents involving death or personal injury while not properly licensed).(ii) Criminal attempt, criminal conspiracy or criminal solicitation to commit the offense listed in subparagraph (i).(iii) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.(iv) An equivalent crime in another jurisdiction.(b) The Navigation Commission 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 patients or 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 Navigation Commission'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