63 Pa. Stat. § 1311.2

Current through Pa Acts 2024-53, 2024-56 through 2024-95
Section 1311.2 - Temporary suspension

The board shall temporarily suspend a license or certificate under circumstances as determined by the board to be an immediate and clear danger to the public health or safety. The board shall issue an order to that effect without a hearing, but upon due notice, to the licensee or certificate holder concerned at his last known address, which shall include a written statement of all allegations against the licensee or certificate holder. The provisions of section 11(c) shall not apply to temporary suspension. The board shall thereupon commence formal action to suspend, revoke or restrict the license or certificate of the individual concerned as otherwise provided for in this act. All actions shall be taken promptly and without delay. Within 30 days following the issuance of an order temporarily suspending a license or certificate, the board shall conduct, or cause to be conducted, a preliminary hearing to determine that there is a prima facie case supporting the suspension. The licensee or certificate holder whose license or certificate has been temporarily suspended may be present at the preliminary hearing and may be represented by counsel, cross-examine witnesses, inspect physical evidence, call witnesses, offer evidence and testimony and make a record of the proceedings. If it is determined that there is not a prima facie case, the suspended license or certificate shall be immediately restored. The temporary suspension shall remain in effect until vacated by the board, but in no event longer than 180 days.

63 P.S. § 1311.2

1975, Oct. 10, P.L. 383, No. 110, §11.2, added 1985 , Dec. 20, P.L. 500, No. 117, § 8, effective 1/1/1986. Amended 2008, July 4, P.L. 293, No. 38, §13, effective in 90 days [ 10/2/2008].