Current through Register Vol. 54, No. 45, November 9, 2024
Section 93.13 - Issuing agents(a)Designation.(1) The designation of issuing agents for temporary boat registrations shall be limited to the Commission and Commission offices, county treasurers, businesses dealing in boats, boating equipment or sporting goods and temporary tag services or messenger services approved by the Department of Transportation for the issuance of temporary boat trailer registrations.(2) An applicant seeking to become an issuing agent for temporary boat registrations shall complete and submit to the Commission an application on the form prescribed by the Commission and shall pay a one-time, nonrefundable fee of $250. Applications shall be accompanied by a bond in favor of the Commission in a minimum amount specified by the Executive Director or a designee.(3) Upon being designated as an issuing agent, at least one employe of the new agent with primary responsibility for handling boat registrations shall successfully complete a training course offered by the Commission at its Harrisburg office or other location the Executive Director designates.(b)Maintaining an agency. (1) To maintain an agency, the agent shall issue at least 25 temporary boat registrations each calendar year, unless the Executive Director, for good cause shown, finds that unusual circumstances precluded the agent from issuing the minimum number of temporary boat registrations.(2) To maintain an agency, the agent or a designee who is routinely involved in the issuance of temporary boat registrations shall successfully complete, at least once every 2 years, training offered by the Commission at a location designated by the Executive Director.(c)Insufficient number of agents. If the Executive Director determines that a sufficient number of agents is not available in an area reasonably to address the needs of the boating public, the Executive Director may appoint additional agents from other interested individuals or reduce the number of temporary boat registrations that existing agents are required to issue during the year.(d)Change of address, telephone number or ownership. An issuing agent shall notify the Commission, in writing, within 10 days after a change of address, telephone number or ownership of the agency.(e)Operation of an agency. (1) Issuing agents shall prominently display the hours of operation and fee schedule at the agent's premises.(2) Issuing agents who conduct transactions via e-commerce shall maintain the same standards as non-e-commerce agents.(3) Issuing agents shall retain copies of all applications and related documentation for the current calendar year and the 2 previous years.(4) Issuing agents shall have access to nonpublic information concerning holders of boat registrations and titles, including their home addresses. Issuing agents who are provided nonpublic information about boat registration holders or boat owners in the course of their duties may not release or disclose the nonpublic information except for official purposes.(5) Issuing agents shall permit the inspection during regular business hours of the agent's premises and business records by Commission employes designated by the Executive Director or officers authorized to enforce the code.(f)Issuance of temporary boat registrations.(1) An issuing agent is responsible for ensuring that the "Application for Pennsylvania Boat Registration and/or Boat Title" (Form REV-336) is fully completed. An issuing agent shall ensure that the Form REV-336 is legible and accurate.(2) An issuing agent may not knowingly permit an applicant to provide false or misleading information on the Form REV-336 or related documentation. If an issuing agent suspects that an applicant has provided false or misleading information on the Form REV-336 or related documentation, the agent immediately shall notify the Commission. An issuing agent may not provide false or misleading information on the Form REV-336 or related documentation.(3) An issuing agent shall issue a temporary boat registration only to the owner or co-owner of the boat being registered. An issuing agent shall verify the identity of the applicant by requiring that the applicant produce positive means of identification.(4) An issuing agent shall issue, upon request, a temporary boat registration to any individual who properly completes the Form REV-336, submits the appropriate documentation and pays the applicable fees and sales or use tax as required by the code and this chapter.(5) An issuing agent shall issue a temporary boat registration only for new boats, used boats where ownership is being transferred and boats brought into this Commonwealth from another state.(6) An issuing agent shall enter the expiration date (month/day/year) on the completed application which will be recognized as the boat's temporary registration.(7) Within 10 days of the issuance of a temporary boat registration, the issuing agent shall submit to the Commission a properly completed "Temporary Registration Summary Report" (Form PFBC-725) along with all applications, related documentation, applicable fees and Sales and Use Tax as required by the code, this chapter and the Handbook for Issuing Pennsylvania Boat Registrations and Titles.(g)Used boats sold by dealers. An issuing agent may not submit to the Commission a Form REV-336 and related documentation from an applicant who purchased a used boat from a dealer and does not possess a properly completed "Dealer Notification of Boat Trade-In" (Form PFBC-TS1).(h)Acceptance of applications for permanent registrations or titles. Within 10 days of the acceptance of the Form REV-336 and related documentation for a permanent registration or title, the issuing agent shall forward to the Commission, using the "Temporary Registration Summary Report" (Form PFBC-725), all applications, related documentation, applicable fees and Sales and Use Tax as required by the code, this chapter and the Handbook for Issuing Pennsylvania Boat Registrations and Titles.(i)Commission offices. The Commission will collect and deposit in the Boat Fund the $2 issuing agent fee for all temporary boat registrations issued by Commission offices and boat registration renewals issued online.(j)Recall of agency. The Commission may recall the agency of an issuing agent who violates the code or this chapter. A conviction of an offense under the code or this chapter is not a prerequisite to initiating an action to recall an agency. The Executive Director or a designee may initiate action to recall an agency by serving an order to show cause on the agent, which order will describe the alleged violation of the code or this chapter. Proceedings to recall an agency shall be governed by 1 Pa. Code Part II (relating to general rules of administrative practice and procedure).(k)Renewal of boat registrations. It is unlawful for a person, other than the Commission, Commission offices and on-line messenger services approved by the Department of Transportation, to issue renewals for boat registrations or collect the applicable fees.The provisions of this §93.13 adopted March 19, 1982, effective 3/20/1982, 12 Pa.B. 993; amended February 26, 1993, effective 2/27/1993, 23 Pa.B. 942; amended June 3, 1994, effective 6/4/1994, 24 Pa.B. 2795; amended January 2, 1998, effective 1/1/1998, 28 Pa.B. 30; amended January 2, 1998, effective 1/3/1998, 28 Pa.B. 40; corrected February 20, 1998, effective 1/3/1998, 28 Pa.B. 1006; amended February 26, 1999, effective 2/27/1999, 29 Pa.B. 1068; amended September 7, 2001, effective 9/8/2001, 31 Pa.B. 5081; amended March 14, 2003, effective 3/15/2003, 33 Pa.B. 1348; amended February 27, 2004, effective 2/28/2004, 34 Pa.B. 1231; amended December 21, 2012, effective 1/1/2013, 42 Pa.B. 7688; amended March 21, 2014, effective 4/1/2014, 44 Pa.B. 1767; amended December 14, 2018, effective 12/15/2018, 48 Pa.B. 7638.The provisions of this §93.13 amended under the Fish and Boat Code, 30 Pa.C.S. §§ 5304 and 5325.