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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY READSHAW, BRIGGS, KORTZ, KOTIK, GEIST, SWANGER, CALTAGIRONE, COHEN, DeWEESE, HORNAMAN, MUNDY, PASHINSKI, CREIGHTON AND JOSEPHS, MARCH 26, 2012 |
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| REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MARCH 26, 2012 |
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| AN ACT |
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1 | Amending the act of July 2, 1993 (P.L.345, No.48), entitled "An |
2 | act empowering the General Counsel or his designee to issue |
3 | subpoenas for certain licensing board activities; providing |
4 | for hearing examiners in the Bureau of Professional and |
5 | Occupational Affairs; providing additional powers to the |
6 | Commissioner of Professional and Occupational Affairs; and |
7 | further providing for civil penalties and license |
8 | suspension," further providing for civil penalties. |
9 | The General Assembly of the Commonwealth of Pennsylvania |
10 | hereby enacts as follows: |
11 | Section 1. Section 5(b) of the act of July 2, 1993 (P.L.345, |
12 | No.48), entitled "An act empowering the General Counsel or his |
13 | designee to issue subpoenas for certain licensing board |
14 | activities; providing for hearing examiners in the Bureau of |
15 | Professional and Occupational Affairs; providing additional |
16 | powers to the Commissioner of Professional and Occupational |
17 | Affairs; and further providing for civil penalties and license |
18 | suspension," is amended by adding paragraphs to read: |
19 | Section 5. Civil penalties. |
20 | * * * |
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1 | (b) Additional powers.--In addition to the disciplinary |
2 | powers and duties of the boards and commissions within the |
3 | Bureau of Professional and Occupational Affairs under their |
4 | respective practice acts, boards and commissions shall have the |
5 | power, respectively: |
6 | * * * |
7 | (6) To collect all fees, costs, fines and penalties |
8 | assessed as a result of disciplinary proceeding before a |
9 | licensing board or commission. All fees, costs, fines and |
10 | penalties may, together with interest and any costs |
11 | associated with collection, be a judgment in favor of the |
12 | licensing board or commission upon the person or subject of |
13 | the order. The licensing board or commission may transmit a |
14 | copy of the final disposition if all fees, costs, fines and |
15 | penalties together equal $1,000 or more to the prothonotary |
16 | in the Commonwealth Court. The prothonotary shall enter and |
17 | docket the same without requiring payment of costs as a |
18 | condition precedent to the entry thereof. The total amount |
19 | for which the person or subject of the order is liable shall |
20 | be entered as a judgment upon the person or subject |
21 | regardless of whether the amount has been ordered to be paid |
22 | in installments. Any lien obtained under this section shall |
23 | maintain its priority indefinitely, and no writ of revival |
24 | need be filed. Once a judgment is paid in full to the |
25 | licensing board or commission, the licensing board or |
26 | commission shall, within 90 days, notify the prothonotary of |
27 | receipt of payment in full and request the judgment be noted |
28 | as satisfied in full. |
29 | (7) To deny, suspend or revoke a license, registration |
30 | or certification for failure to pay any fine or fee assessed |
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1 | as a result of disciplinary proceeding before a licensing |
2 | board or commission. |
3 | * * * |
4 | Section 2. This act shall take effect in 60 days. |
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