Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

58 Pa. Code § 423a.5. Application withdrawal and surrender.

§ 423a.5. Application withdrawal and surrender.

 (a)  A request for withdrawal of an application may be made at any time prior to the Board taking action on the application in accordance with the following requirements:

   (1)  A request for withdrawal of an entity applying for a license, certification or registration, or an individual applying for a principal license or a qualifier of an entity applying for a license or certification shall be made by filing a petition with the Board in accordance with §  493a.4 (relating to petitions generally).

   (2)  A request for withdrawal of an individual applying for a key employee license, a permit or registration shall be made on a form supplied by the Bureau of Licensing. If Board staff objects to the request for withdrawal, the person filing the form will be notified and may be required to file a petition for withdrawal with the Board in accordance with §  493a.4.

 (b)  The petition or form must set forth the reasons for the withdrawal.

 (c)  When rendering a decision on a petition for withdrawal, the Board may set the conditions of withdrawal and may deny or grant the request with or without prejudice.

 (d)  A request to surrender a license, permit, certification or registration may be made in accordance with the following requirements:

   (1)  An entity holding a license, certification or registration, an individual holding a principal license or a qualifier of an entity holding a license or certification that is requesting to surrender shall file a petition with the Board in accordance with §  493a.4.

   (2)  An individual holding a key employee license, permit or registration who is requesting to surrender the license, permit or registration shall file the request on a form supplied by the Bureau of Licensing. If Board staff objects to the request to surrender, the person filing the form will be notified and may be required to file a petition to surrender with the Board in accordance with §  493a.4.

 (e)  The petition or form must set forth the reasons for the surrender.

 (f)  When rendering a decision on a petition to surrender, the Board may grant the request with or without prejudice.

 (g)  Unless the Board otherwise directs, fees or other payments relating to the application, license, permit, registration or certification will not be refundable by reason of the withdrawal or surrender. Additionally, fees and costs owed to the Board shall be paid prior to granting a withdrawal or surrender.

Authority

   The provisions of this §  423a.5 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.

Source

   The provisions of this §  423a.5 amended June 12, 2015, effective June 13, 2015, 45 Pa.B. 2829; amended November 1, 2019, effective November 2, 2019, 49 Pa.B. 6676. Immediately preceding text appears at serial pages (390856) to (390857).

Cross References

   This section cited in 58 Pa. Code §  441a.5 (relating to license fee payment bond or letter of credit requirements).



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