3 Pa. Stat. § 111.43a

Current through P.A. Acts 2023-32
Section 111.43a - Temporary suspensions

A license or certificate issued under this act may be temporarily suspended under circumstances as determined by the secretary to be an immediate and clear danger to the public health and safety. The secretary shall issue an order to that effect, without a hearing but upon due notice, to the licensee or certificate holder concerned at his or her last known address, which shall include a written statement of all allegations against the licensee or certificate holder. The secretary shall thereupon commence formal action to suspend, revoke and restrict the license or certificate of the person concerned as otherwise provided for in this act. All actions shall be taken promptly and without delay. Within thirty days following the issuance of an order temporarily suspending a license, the secretary shall conduct, or cause to be conducted, a preliminary hearing to determine that there is a prima facie case supporting the suspension. The licensee or certificate holder whose license or certificate has been temporarily suspended may be present at the preliminary hearing and may be represented by council, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings. If it is determined that there is not a prima facie case, the suspended license shall be immediately restored. The temporary suspension shall remain in effect until vacated by the secretary, but in no event longer than one hundred eighty days.

3 P.S. § 111.43a

1974, March 1, P.L. 90, No. 24, § 23.1, added 1986, Dec. 12, P.L. 1542, No. 167, § 10, effective in 90 days.