Section 818.302 - Powers and duties of board(a) Powers and duties.--The board shall have the power and its duty shall be to:(1) Provide for and regulate the licensing of salespersons, dealers, vehicle auctions, manufacturers, factory branches, distributors, distributor branches and factory or distributor representatives as defined in section 102.(2) Review and pass upon the qualifications of applicants for licensure and to issue, except as otherwise provided herein, a license to engage in the said businesses to any applicant who is approved by the board and who meets the requirements of this chapter and regulations promulgated in accordance with this chapter.(3) Investigate on its own initiative, upon complaint of the Department of Transportation, Department of Community and Economic Development, Department of Revenue or the Office of the Attorney General, any law enforcement officer or upon the verified complaint in writing of any person, any allegations of the wrongful act or acts of any licensee or person required to be licensed under this chapter. Duly authorized agents of the Bureau of Professional and Occupational Affairs shall be authorized to issue administrative citations for violations of this act in accordance with section 5 of the act of July 2, 1993 ( P.L. 345, No.48), entitled "An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension."(4) Administer and enforce this act and to impose appropriate administrative discipline upon licensees found to be in violation of this act.(5) Bring criminal prosecutions for unauthorized, unlicensed or unlawful practice and bring an action to enjoin such practices. Duly authorized agents of the bureau shall be authorized to issue citations in accordance with section 5(a) of the act of July 2, 1993 ( P.L. 345, No.48), entitled "An act empowering the General Counsel or his designee to issue subpoenas for certain licensing board activities; providing for hearing examiners in the Bureau of Professional and Occupational Affairs; providing additional powers to the Commissioner of Professional and Occupational Affairs; and further providing for civil penalties and license suspension," for violations of this act.(6) Require each licensee to register biennially with the board.(7) Keep a record showing the names and addresses of all licensees licensed under this chapter.(8) Keep minutes and records of all its transactions and proceedings especially with relation to the issuance, denial, registration, formal reprimand, suspension and revocation of licenses. In all actions or proceedings in any court, a transcript of any board record or any part thereof, which is certified to be a true copy by the board, shall be entitled to admission in evidence.(9) Adopt, promulgate and enforce such rules and regulations consistent with this act as are deemed necessary and proper to effectuate the provisions of this act.(10) Submit annually, to the Consumer Protection and Professional Licensure Committee of the Senate and the Professional Licensure Committee of the House of Representatives, a description of the types of complaints received, status of the cases, board action which has been taken and length of time from the initial complaint to final board resolution.(11) Submit annually to the department an estimate of the financial requirements of the board for its administrative, investigative, legal and miscellaneous expenses.(12) Submit annually to the House and Senate Appropriations Committees, 15 days after the Governor has submitted his budget to the General Assembly, a copy of the budget request for the upcoming fiscal year which the board previously submitted to the department.(b) Summary proceedings.--All law enforcement officers in this Commonwealth may institute summary criminal proceedings in accordance with the Pennsylvania Rules of Criminal Procedure for violations of this act. Any person who violates this act shall be subject to criminal prosecution as provided in section 328. :
Amended and Renumbered by P.L. TBD 2018 No. 134, § 6, eff. 10/24/2019.1983, Dec. 22, P.L. 306, No. 84, § 4, effective 1/1/1984. Amended 1991, Dec. 20, P.L. 387, No. 41, § 2, effective in 60 days; 1996, April 19, P.L. 104, No. 27, § 3, effective in 60 days; 2000, Oct. 18, P.L. 577, No. 75, § 2, effective in 60 days.This section is set out twice. See also § 818.4, effective until 10/24/2019.