§ 43.11. (Reserved).


Source

   The provisions of this §  43.11 adopted September 2, 1977, effective September 3, 1977, 7 Pa.B. 2561; amended June 2, 1978, effective June 3, 1978, 8 Pa.B. 1533; readopted January 5, 1990, effective immediately to November 17, 1989, 20 Pa.B. 21; amended July 9, 1993, effective July 10, 1993, 23 Pa.B. 3347; corrected October 21, 1994, effective January 1, 1994, 24 Pa.B. 5314; amended November 27, 1998, effective November 28, 1998, 28 Pa.B. 5872; reserved October 5, 2012, effective October 6, 2012, 42 Pa.B. 6290. Immediately preceding text appears at serial pages (250911) to (250920) and (337681) to (337682).

Notes of Decisions

   Delivery of Documents

   Where an irreconcilable conflict existed between the prescribed number of days for delivery of documents under subsection (a)(4) and 75 Pa.C.S. §  1103.1(d), the conflict did not invalidate the suspension provisions of the statute. Department of Transportation v. Colonial Nissan, 691 A.2d 1005 (Pa. Cmwlth. 1997).

   Due Process

   It is not a violation of due process for the Department to issue a warning of a violation without the opportunity for notice or a hearing as long as a suspension or sanction is not imposed. Ernest Sunday Chrysler Plymouth, Inc. v. Department of Transportation, 558 A.2d 921 (Pa. Cmwlth. 1989).

   Hearings

   The Department may consider multiple violations of this section and may issue separate sanctions for each offense in one hearing. One is not entitled to a hearing for each offense. Abats Auto Tags v. Department of Transportation, 627 A.2d 265, 267 (Pa. Cmwlth. 1993); appeal denied 649 A.2d 676 (Pa. 1994).

   Rights at Hearings

   Sections 501—508 and 701—704 of 2 Pa.C.S. do not apply to Departmental hearings; therefore, petitioner was not entitled to be informed of his right to representation by counsel or to have a steno graphic record kept or a record of the hearing with findings of fact. Ernest Sunday Chrysler Plymouth, Inc. v. Department of Transportation, 558 A.2d 921 (Pa. Cmwlth. 1989); appeal denied 575 A.2d 118 (Pa. 1990).

   Amendments to §  43.11(a)(4), as published on January 1, 1994, were null and void, where Department of Transportation proceeded with adoption of those amendments under section 204 of the Commonwealth Documents Law, expressly stating that it was merely readopting § §  43.1—43.13 ‘‘as they presently exist in the Pennsylvania Code pages 43-1 to 43-17,’’ and these actions ‘‘do not enlarge the scope of existing regulations’’ and where the January 1, 1994, version showed textual modifications from the earlier version, and subsequent corrective amendments made it obvious that adherence to the normal notice and comment procedures was far from ‘‘unnecessary.’’ Department of Transportation v. Colonial Nissan, 691 A.2d 1005 (Pa. Cmwlth. 1997).

   Suspensions

   Subsequent suspension of a license to issue temporary plates was properly invalidated in that no subsequent citation was issued against dealership. Department of Transportation v. Magarity Chevrolet, Inc., 576 A.2d 1159 (Pa. Cmwlth. 1990).

   Waiver

   The Court’s final order reinstating a car dealer’s registration plates and authority to issue temporary registration plate suspended for bad check violations was determined to be a final nonappealable order. The failure by the car dealer to raise any issues before the Commonwealth Court will result in the waiver of such issues. Department of Transportation v. Kosak, 639 A.2d 1252 (Pa. Cmwlth. 1994).



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