(a) A person is ineligible to own any
interest in any right issued by the Authority if the person, or a person having
a controlling interest over the person or a key employee, has been subject to a
conviction as defined in §
1001.10 (relating to
definitions).
(b) If a regulated
party owning a transferable right becomes ineligible to hold rights issued by
the Authority due to a conviction, the regulated party shall immediately cease
use of the rights and initiate the sale of the rights to an eligible person as
provided in Chapter 1059 (relating to applications and sale of rights). If the
regulated party is an individual limousine certificate holder or the sole owner
of the securities of a limousine certificate holder, that person shall
surrender to the Authority any limousine rights stickers to hold for
safekeeping until the rights are sold.
(c) A regulated party or applicant shall
inform the Director within 72 hours of being subject to an arrest or conviction
as defined under §
1001.10.
(d) If a criminal prosecution is initiated
against a regulated party for a crime that may lead to a conviction as defined
in §
1001.10, the Enforcement
Department or trial counsel may place the subject rights out of service as
provided in §
1003.32 (relating to out of
service designation).
Notes
The
provisions of this § 1051.5 temporarily amended May 5, 2017, effective
2/25/2017, expire upon
promulgation of final-form regulations or on November 5, 2018, whichever is
later, as set forth in 53 Pa.C.S. § 57B 02(b), 47 Pa.B.
2558.
The provisions of this § 1051.5 temporarily amended under
53 Pa.C.S. § 57B 02.
This section cited in 52 Pa. Code §
1051.8 (relating to limousine
service limitations); 52 Pa. Code §
1051.14 (relating to death or
incapacitation of a certificate holder or certain persons with controlling
interest); 52 Pa. Code §
1055.19 (relating to prerequisites
to inspection); and 52 Pa. Code §
1059.6 (relating to required
application information).
