58 Pa. Code § 405a.6 - Enforcement action
(a) Upon a
determination by the Office of Enforcement Counsel that sufficient facts exist
to support enforcement action against a person holding a license, permit,
certification or registration issued by the Board, the Office of Enforcement
Counsel will initiate a complaint in accordance with §
493a.2 (relating to complaints),
including a proposed order for an enforcement action and serve the complaint in
accordance with §
491a.5 (relating to
service).
(b) The complaint for an
enforcement action will include a statement of the facts, the statute,
regulation or statement of conditions that the person is being charged with
violating and the remedy sought. The proposed order will be accompanied by a
certificate of service demonstrating the date of service.
(c) Within 30 days from the date of service
of complaint for an enforcement action, the person may file an answer in
accordance with §
493a.5 (relating to answers to
complaints, petitions, motions and other filings requiring a response) and
serve a copy of the answer to the Office of Enforcement Counsel. Failure to
file an answer within 30 days will be deemed:
(1) A waiver by the person of any right to an
administrative hearing before the Board or the Office of Hearings and
Appeals.
(2) An admission by the
person of all matters and facts alleged in the proposed order for enforcement
action.
(3) Consent by the person
to the entry of a final order by the Board disposing of the enforcement
matter.
(d) Upon the
person's failure to file an answer within the prescribed 30 days, the Office of
Enforcement Counsel will file with the Clerk a Request for Default Judgment and
present the proposed enforcement order to the Board. The Board may, by order,
adopt the proposed enforcement order.
(e) The Clerk will serve a copy of the
Board's final order upon the person in accordance with §
491a.5.
Notes
The provisions of this § 405a.6 amended under 4 Pa.C.S. §§ 1202, 1207, 1320 and 1517.
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