§ 253.7. Sanctions for violations by salvors.

 (a)  Schedule. After providing for an opportunity for a hearing, the Department may impose suspensions or sanctions on a salvor, according to the following schedules of violations by the salvor, when the Department finds upon sufficient evidence that:

Category I1st
Offense
2nd
Offense
3rd
Offense
4th and
Subsequent
Offense
(1) The salvor has failed to pay fees payable to the Commonwealth in connection with the operation of the business of the salvor.Until fees are paid, plus 1 month.Until fees are paid, plus 3 months.Until fees are paid, plus 6 months.Revocation.
(2) The salvor has refused to allow inspection of records by authorized representatives of the Department.Until records have been inspected, plus 3 months.Until records have been inspected, plus 6 months.Until records have been inspected, plus 1 year.Revocation.
Category II
(1) The salvor has failed to notify the Department of a change in name or mailing or business address within 5 days of the change.Until the change has been approved.Until the change has been approved, plus 1 month.Until the change has been approved, plus 3 months.Until the change has been approved, plus 6 months.
(2) The salvor has failed to notify the Department of a change in ownership of the business.Until the change has been approved.Until the change has been approved, plus 1 month.Until the change has been approved, plus 3 months.Until the change has been approved, plus 6 months.
(3) In the case of the removal of a vehicle from private property, the salvor has failed to furnish a copy of the report of possession and statement of condition to a police department.1 month.3 months.6 months.1 year.
(4) The salvor has failed to maintain records in the prescribed manner or has failed to keep records in a secure place.Written warning.1 month.3 months.6 months.
(5) The salvor has failed to send required forms, photographs, or both, to the Department.Written warning.1 month.3 months.6 months.

 (b)  Second and subsequent offenses. Second offenses are determined on the basis of a previous offense of the same nature committed within a 3-year period. Third or subsequent offenses are determined on the basis of two or more previous violations of the same nature committed within a 3-year period.

 (c)  Multiple offenses. In the case of multiple offenses considered at one time, the Department may impose separate sanctions for each violation under the schedule in subsection (a). The Department may direct that a suspension imposed be served concurrently or consecutively.

 (d)  Vehicle salvage dealer registration suspension. If the salvor’s registration in the vehicle salvage dealer class of Miscellaneous Motor Vehicle Business is suspended under Chapter 53 (relating to manufacturers, dealers and miscellaneous motor vehicle businesses registration plates), the salvor shall also be suspended from operating as a salvor for the same period of time.

 (e)  Suspension authority reserved. The description of grounds for suspension or revocation in subsection (a) does not limit the authority of the Department to suspend or revoke the salvor’s certificate of authorization for one or more of the following:

   (1)  Commission of an offense not described in subsection (a), but which is similar in nature and effect.

   (2)  Conviction or acceptance of accelerated rehabilitative disposition of an offense under the laws of this Commonwealth, another state or the United States involving motor vehicles or moral turpitude.

 (f)  Revocation. Upon revocation of a salvor’s certificate of authorization, the salvor shall be prohibited from reapplying for a new certificate of authorization for at least 1 year, or longer as otherwise determined by the Department. The salvor shall be required to surrender his certificate of authorization to an authorized representative of the Department.

Source

   The provisions of this §  253.7 adopted September 28, 1990, effective September 29, 1990, 20 Pa.B. 4957.



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