Section 2400.703 - Refusal, suspension or revocation of license(a) General rule.--The board may refuse, suspend or revoke a license in a case where the board finds:(1) The licensee is negligent or incompetent in operating a crane.(2) The licensee is unable to operate a crane with reasonable skill and safety by reason of mental or physical illness or condition or physiological or psychological dependence upon alcohol, hallucinogenic or narcotic drugs or other drugs which tend to impair judgment or coordination, so long as such dependence shall continue. In enforcing this paragraph, the board shall, upon probable cause, have authority to compel a licensee to submit to a mental or physical examination as designated by the board. After notice, hearing, adjudication and appeal failure of a licensee to submit to such examination when directed shall constitute an admission of the allegations unless failure is due to circumstances beyond the licensee's control, consequent upon which a default and final order may be entered without the taking of testimony or presentation of evidence. A licensee affected under this paragraph shall at reasonable intervals be afforded the opportunity to demonstrate that the licensee can resume competent, safe and skillful operation of a crane.(3) The licensee has willfully or repeatedly violated any of the provisions of this act or a regulation of the board.(4) The licensee has committed fraud or deceit in:(i) the operation of a crane; or(ii) securing licensure or certification.(5) The licensee has been convicted of a felony or a crime of moral turpitude, or received probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges in the courts of this Commonwealth, the United States or any other state, territory, possession of the United States or any other country.(6) The licensee has had the licensee's license suspended or revoked or has received other disciplinary action by the proper licensing authority in another state, territory, possession of the United States or country.(7) With respect to the operation of a crane, the licensee has acted in such a manner as to present an immediate and clear danger to health, safety or property.(8) The licensee possessed, used, acquired or distributed a controlled substance.(9) The licensee has been found guilty of unprofessional conduct. Unprofessional conduct shall include departure from or failing to conform to operating practices or professional standards embraced by the crane operating profession, including those recognized by the American Society of Mechanical Engineers ASME B30.5 and an agency of the Federal Government. In a proceeding based on this paragraph, actual injury to a person or damage to property need not be established.(10) The licensee falsely advertised or made misleading, deceptive, untrue or fraudulent material representations regarding licensure, certification or operation of a crane.(b) Acts authorized.--When the board finds that the license of crane operator may be refused, revoked or suspended pursuant to subsection (a), the board may: (1) Deny the application for a license.(2) Administer a public reprimand.(3) Revoke, suspend, limit or otherwise restrict a license.(4) Require a licensee to submit to the care, counseling or treatment of a physician or a psychologist designated by the board.(5) Suspend enforcement of its finding and place a licensee on probation with the right to vacate the probationary order for noncompliance.(6) Restore or reissue, in its discretion, a suspended license and impose any disciplinary or corrective measure which it might originally have imposed.2008, Oct. 9, P.L. 1363, No. 100, §703, effective in 60 days [ 12/8/2008].