1. (a) Suspension after hearing. After providing an opportunity for a hearing to show cause why a suspension should not be imposed for a violation of a permit, the registration agreement, this chapter or the act, the Department may impose suspensions upon a person, applicant, permittee or permit service, including the employes, agents, officers, contractors, subcontractors, lessees, successors and assigns of the foregoing, according to the following schedule, when, by substantial evidence, a violation is found to have occurred. Lack of intent is not a defense to a violation.

2. (b) Schedule.

   Violation Category	Period of Suspension
   	First Violation:	Second Violation:	Third and Subsequent Violations:
   (1) Fabricating or displaying an altered, forged or counterfeited permit.	up to 3 months	3 months to 6 months	6 months to 12 months
   (2) Aiding or abetting another person’s attempt to avoid a suspension.	up to 3 months	3 months to 6 months	6 months to 12 months
   (3) Operating during a period of suspension.	up to 6 months	6 months to 12 months	12 months to 36 months
   (4) Bribing or attempting to bribe a Commonwealth employe.	up to 6 months	6 months to 12 months	12 months to 36 months
   (5) Giving a Commonwealth employe a gift, gratuity, entertainment, loan, favor or other thing of monetary value.	up to 3 months	3 months to 6 months	6 months to 12 months
   (6) Other violations of the act.	up to 2 months	2 months to 4 months	4 months to 6 months
   (7) Other violations of a permit, the registration agreement or this chapter.	up to 1 month	1 month to 2 months	2 months to 3 months

3. (c) Second, third and subsequent violations. Second, third and subsequent violations will be determined on the basis of previous violations of the same violation category committed within a 4-year period. A second, third or subsequent violation will be deemed a first violation if the most recent, previous violation of the same category occurred more than 4 years prior to the date of the second, third or subsequent violation. If a second, third or subsequent violation of the same category occurs within 4 years of the most recent, previous violation, it will be deemed a second, third or subsequent violation, regardless of when other previous violations occurred.
4. (d) Multiple violations. In the case of multiple violations considered at one time, the Department may direct that the imposed suspension be served concurrently or consecutively. The Department may also impose a revocation upon the applicant’s registration agreement, under § 179.6 (relating to revocation of registration), to run concurrently or consecutively with a suspension, if a violation involves a permit obtained by wire. The Department may also deem any number of several violations committed during a proximate period of time, or in the same course of misconduct, to constitute one or more violations, if the Department determines that sufficient mitigating or aggravating circumstances are present.
5. (e) Appeal of Secretary’s Order. A person may appeal a final order of suspension under 2 Pa.C.S. § § 701—704 (relating to judicial review of Commonwealth agency action) within 30 days after issuance of the final order by the Secretary.

6. (f) Suspension without hearing.

   1. (1) Without providing a hearing, the Department may immediately suspend a person from obtaining permits or operating under permit authority for failure to pay a fee authorized under the act or this chapter, until proper payment is received.
   2. (2) Without providing a hearing, Department personnel and law enforcement personnel may immediately confiscate an altered, forged, or counterfeited permit, or a permit used in violation of its terms and conditions.
7. (g) Reinstatement. After a suspension under this section has been served, and the penalties and fees have been paid, the applicant may again apply for permits under this chapter.

Source

The provisions of this § 179.18 adopted May 14, 1993, effective August 13, 1993, 23 Pa.B. 2334.

Cross References

This section cited in 67 Pa. Code § 179.1 (relating to definitions); and 67 Pa. Code § 179.14 (relating to single-trip special hauling book permits for oversize movements).