17 Pa. Code § 51.35 - Sanctions for violations by dealers
(a)
Sanctions. A dealer who
has failed to forward documents required by section
7712.2(c) or
section 7715.1(a) of the
Vehicle Code (relating to transfer to or from dealer; and snowmobile or ATV
purchased from dealer) to the Department within 15 days or who has submitted to
the Department documents accompanied by uncollectable checks drawn on the
account of the dealer, is subject to the following sanctions after receiving
written notice and an opportunity for a hearing:
(1)
First violation.
Suspension of dealer registration until the documents are submitted or checks
are paid.
(2)
Second
violation. Suspension of dealer registration until the documents are
submitted or checks are paid, plus 3 months suspension.
(3)
Third violation.
Suspension of dealer registration until the documents are submitted or checks
are paid, plus 6 months suspension.
(4)
Fourth and subsequent
violation. Revocation of dealer registration.
(b)
Second and subsequent
violations. Second violations are determined on the basis of a
previous violation under this section committed within a 3-year period. Third
or subsequent violations are determined on the basis of two or more previous
violations committed within a 3-year period.
(c)
Multiple violations. In
the case of multiple violations considered at one time, the Department may
impose separate sanctions for each violation under the schedule in subsection
(a). The Department may direct that a suspension imposed be applied
concurrently or consecutively.
(d)
Revocation. Upon revocation of a dealer's registration, the
dealer will be debarred from applying for a new registration for 1
year.
(e)
Effective date of
suspension or revocation. A suspension or revocation of dealer
registration shall take effect on the date ordered by the Department.
(f)
Return of dealer certificate,
plates and cards.
(1) Within 3 days
of the effective date of a suspension or revocation of dealer registration, a
dealer shall return to the Department the registration certificate, the
registration plates and the registration cards that had been issued to the
dealer by the Department.
(2) A
dealer who fails to comply with paragraph (1) is subject to an addition of 3
months to the suspension imposed under subsection (a) or the revocation imposed
under subsection (d).
(g)
Hearings. The provisions in 1 Pa. Code Part II (relating to
General Rules of Administrative Practice and Procedure) apply to hearings under
this section.
Notes
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