58 Pa. Code § 423a.7 - Restriction on application after denial, withdrawal or surrender with prejudice, or revocation

(a) A person whose application has been denied or withdrawn with prejudice, or whose license, permit, registration or certification has been revoked or surrendered with prejudice may not apply for a license, permit, certification or registration for 5 years from the date that the application was denied or withdrawn with prejudice, or the license, permit, certification or registration was revoked or surrendered with prejudice.

(b) The 5-year restriction in subsection (a) will not apply:

(1) To applicants for a slot machine license if the denial was for reasons other than unsuitability.

(2) If the denial or revocation was based on pending charges for a disqualifying offense under section 1213 or 1518 of the act (relating to license or permit prohibition; and prohibited acts; penalties), 18 Pa.C.S. (relating to Crimes Code) or the criminal laws of any other jurisdiction and the pending charges did not result in conviction of the disqualifying offense.

(c) Two years from the date that the application was denied or withdrawn with prejudice, or the license, permit, certification or registration was revoked or surrendered with prejudice, a person may file a petition for permission to apply for a license, permit, certification or registration before the expiration of the 5-year period.

(d) A petition filed under subsection (c) shall be filed in accordance with § 493a.4 (relating to petitions generally).

(e) Petitions filed under subsection (c) must contain:

(1) An explanation of how the conditions that were the basis for denial, withdrawal or surrender with prejudice, or revocation have been corrected or no longer exist.

(2) Supporting materials that demonstrate that the person meets the requirements for a license, permit, certification or registration.

(3) If the denial, withdrawal or surrender with prejudice, or revocation was the result of a conviction, the petition must include evidence of rehabilitation, such as:

(i) The nature and seriousness of the offense or conduct.

(ii) The circumstances under which the offense or conduct occurred.

(iii) The date of the offense or conduct.

(iv) The age of the applicant when the offense or conduct was committed.

(v) Whether the offense or conduct was an isolated or repeated incident.

(vi) Social conditions which may have contributed to the offense or conduct.

(vii) Evidence of rehabilitation, including good conduct in prison or in the community, counseling or psychiatric treatment received, acquisition of additional academic or vocational schooling, successful participation in correctional work-release programs, or the recommendation of persons who have or have had the applicant under their supervision.

(viii) Evidence that all obligations for restitution, fines and penalties have been met.

Notes

58 Pa. Code § 423a.7

The provisions of this § 423a.7 amended June 12, 2015, effective 6/13/2015, 45 Pa.B. 2829; amended November 1, 2019, effective 11/2/2019, 49 Pa.B. 6676.

The provisions of this § 423a.7 amended under 4 Pa.C.S. §§ 1202(b)(9)-(23) and (30), 1205, 1206(f) and (g), 1207(1) and (2), 1208(1)(iii), 1209(b), 1212, 1213, 1322, 13A02(1) and (2), 13A11, 13A12-13A14, 13A15, 13A27, 1602, 1604, 1608 and 1802 and Chapter 13.

This section cited in 58 Pa. Code § 423a.4 (relating to deficient and abandoned applications).