25 Pa. Commw. 207 | Pa. Commw. Ct. | 1976
Opinion by
Donald L. Marini (appellant), doing business as Rustop, Inc., appeals to this Court from an order of the Court of Common Pleas of Westmoreland County which dismissed appellant’s appeal from a one-year suspension of appellant’s certificate of appointment to operate an official motor vehicle inspection station.
Appellant was charged with violations of Section 819(f) of The Vehicle Code
In Commonwealth v. W. J. Harris and Son, 403 Pa. 598,170 A.2d 591 (1961), our Supreme Court held that the burden is on the employer to establish the facts bringing him within the exception in the proviso. The lower court in the case at bar found that “the owner [appellant] could not have helped but know that these faulty and non-inspections were taking place.” The court of common pleas is the factfinder in de novo appeals such as this one. Therefore, our scope of review is limited to determining whether the lower court based its findings of fact
Although the testimony on the issue of appellant’s knowledge of his employee’s actions was conflicting, the court did not choose to believe the employee’s attempt to exculpate his former employer. We cannot disturb the lower court’s judgments as to the credibility of witnesses; therefore, we must agree that appellant has failed to meet his burden.
Appellant also contends that violations of the Code are criminal in nature, requiring proof by the Commonwealth of all elements beyond a reasonable doubt. It is obvious, however, that the suspension of a certificate of appointment is civil in nature. Common
Order affirmed.
Act of April 29, 1959, P.L. 58, as amended, 75 P.S. §819.
The statements in the lower court’s opinion in this case do not meet our general requirements for findings of fact and conclusions of law. See Commonwealth v. Verna, 23 Pa. Commonwealth Ct. 260, 351 A.2d 694 (1976). However, in view of the lower court’s unequivocal statement on the key issue here, we are not forced to remand.