69 Pa. Stat. § 610

Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 610 - Revocation or Suspension of Licenses
A. The department, upon thirty (30) days' written notice to the licensee, forwarded by registered mail to the place of business of such licensee, as shown in the application for license or as amended on the license certificate in case of change of address subsequent to issuance of the license certificate, may revoke or suspend any license if it finds that:
1. The licensee has made any material misstatement in the application for license, or that
2. The licensee has violated any provision of this act, or that
3. The licensee has violated any rule or regulation issued by the department under and within the authority of this act, or that
4. The licensee has failed to comply with any demand, rule or regulation lawfully made by the department under and within the authority of this act, or that
5. The licensee refuses or has refused to permit the department to make examinations authorized by this act, or that
6. The licensee in the case of a finance company and collector-repossessor has failed to maintain in effect the bond required under the provisions of this act, or that
7. The licensee has failed to maintain satisfactory records required by this act or prescribed by the department, or that
8. The licensee has falsified any records required by this act to be maintained of the business contemplated by this act, or that
9. The licensee has failed to file any report with the department within the time stipulated in this act, or that
10. The licensee has failed to pay the fine required by this act for failure to file reports to the department within the time stipulated, or that
11. The licensee has defrauded any retail buyer to the buyer's damage or wilfully failed to perform any written agreement with any retail buyer, or that
12. Any fact or condition exists or is discovered which, if it had existed or had been discovered at the time of filing of the application for such license, would have warranted the department in refusing to issue such license.
13. The licensee has:
(i) failed to collect any tax or fee due the Commonwealth upon any sale of a vehicle;
(ii) collected any such tax or fee and failed to issue a true copy of the tax report to the purchaser, as required by law;
(iii) issued a false or fraudulent tax report or copy thereof; or
(iv) failed to pay any tax or fee over to the Commonwealth at the time and in the manner required by law.
14. The licensee has engaged in unfair, deceptive, fraudulent or illegal practices or conduct in connection with any business regulated under this act . The department shall review and investigate as appropriate any consumer complaints or information obtained through examinations relating to any activities regulated by this act, including those pertaining to charges for service contracts, warranties, debt cancellation agreements and debt suspension agreements provided for in subsection B of section 14. The department shall annually report to the Consumer Protection and Professional Licensure Committee of the Senate and the Consumer Affairs Committee of the House of Representatives the number and disposition of such enforcement actions and consumer complaint resolutions.
B. The department may revoke or suspend only the particular license with respect to which grounds for revocation may occur or exist, but if the department finds that grounds for revocation are of general application to all places of business or to more than one place of business operated by a licensee, it may revoke all of the licenses issued to such licensee or those licenses to which grounds for revocation apply, as the case may be.
C. Whenever a license has been revoked, the department shall not issue another license to the licensee pursuant to the provisions of this act until the expiration of at least one (1) year from the effective date of revocation of said license; and not at all, if such licensee or any owner, partner, member, officer, director, employe, agent or spouse of the licensee shall have pleaded guilty, entered a plea of nolo contendere, or has been found guilty by a judge or a jury of a second offense violation of this act.
D. Appeals may be taken from the action of the department in suspending and revoking licenses or imposing civil penalties under subsection D of section 37 in accordance with the procedure prescribed by 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).

69 P.S. § 610

Amended by P.L. 40 2012 No. 5, § 1, eff. 5/2/2012.
1947, June 28, P.L. 1110, § 10. Amended 1982, Dec. 17, P.L. 1389, No. 318, § 1, effective July 1, 1983; 2002, Dec. 9, P.L. 1446, No. 186, § 6, effective in 90 days.