49 Pa. Code § 6.11 - General requirements
(a) An
individual who engages in the operation of a crane in this Commonwealth shall
be licensed by the Board, or shall be authorized to operate a crane as a
trainee.
(b) An individual who
holds a license as a crane operator shall have the right to use the title
"Licensed Crane Operator" and the abbreviation "L.C.O."
(c) To qualify as a candidate for licensure,
the applicant shall:
(1) Be 18 years of age
or older.
(2) Be of good moral
character.
(3) Present satisfactory
evidence to the Board that the applicant possesses a current certification, or
qualifies for licensure without certification under section 506 of the act
(63
P. S. §
2400.506).
(4) Aver subject to penalties for unsworn
falsification to authorities under
18 Pa.C.S. §
4904
(relating to unsworn falsification to authorities), that the applicant has been
examined by a physician and determined to be physically capable of operating a
crane.
(5) Pay all requisite
fees.
(d) Felony
convictions under The Controlled Substance, Drug, Device and Cosmetic Act (35
P. S. §§ 780-101-780-144), or an offense under the laws of another
jurisdiction which if committed in this Commonwealth would be a felony under
The Controlled Substance, Drug, Device and Cosmetic Act, will preclude an
applicant from obtaining or maintaining a license to operate a crane unless:
(1) At least 10 years have elapsed from the
date of conviction.
(2) The
individual satisfactorily demonstrates to the Board that the individual has
made significant progress in personal rehabilitation since the conviction so
that licensure of the individual should not be expected to create a substantial
risk of harm to the health and safety of crane operators, trainees or the
public or a substantial risk of further criminal violations.
(3) The individual otherwise satisfies the
qualifications provided in the act and this chapter.
(4) The Board will evaluate an individual's
progress in personal rehabilitation from the totality of the circumstances,
including, but not limited to, the individual's entire criminal history,
employment history, the severity and frequency of past criminal history,
whether and for how long the individual has abstained from substance abuse,
refrained from tortious or criminal conduct, made restitution or compensation,
followed a course of treatment and therapy, completed a program of education,
offers testimony from other persons of the individual's good character, and
practices an ongoing commitment to recovery.
(e) An applicant who has a conviction
described in subsection (d) shall report the conviction on a form prescribed by
the Board, and attach documentary evidence in support of the factors identified
in subsection (d)(1), (2) and (4).
Notes
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