Current through Register Vol. 54, No. 45, November 9, 2024
Section 31.114 - Grounds for refusal, suspension, revocation or imposition of other disciplinary sanction(a) A certificate holder is subject to the disciplinary provisions in the act, including the authorization for the Board to discipline any license or certificate in section 21 of the act (63 P.S. § 485.21), which applies to the certificate of registration granted to an animal protection organization, for violating the act, this chapter and other applicable law as set forth in § 31.103 (relating to applicability of other laws and rules). The Board may refer matters related to a certificate holder to other civil, criminal or administrative agencies for investigation.(b) A certificate holder is subject to the penalty provisions in the act, ADMAL, this chapter and other applicable law.(c) A certificate holder or an animal protection organization that does not hold a current certificate of registration with the Board may not provide euthanasia to small domestic animals under ADMAL. The following apply: (1) Violations of this section may be prosecuted before the Board under the act, ADMAL, 63 Pa.C.S. § 3108 (relating to civil penalties) or this chapter.(2) The Board may refer any suspected or proven violation of the act, ADMAL, 63 Pa.C.S. § 3108 or this chapter for criminal prosecution.(d) A certificate holder is subject to discipline by the Board for all of the following: (1) Failing to admit agents of the Board to conduct investigations or inspections of the certificate holder's compliance with applicable laws or for failing to admit agents of the PDA to conduct investigations or inspections that the PDA is authorized to conduct.(2) Having discipline imposed by the DEA on the DEA Certificate of Registration or any enforcement action by the PDA.(3) Failing to ensure that euthanasia technicians employed by or under contract with the certificate holder hold a current license issued by the Board.(4) Allowing a euthanasia technician to perform duties in an unsafe or inhumane manner or in a manner that violates applicable law.Adopted by Pennsylvania Bulletin, Vol 54, No. 32. August 10, 2024, effective 8/10/2024