12 Pa. Code § 149.8 - Penalties
(a)
General.
(1) The Department
may suspend or revoke the certification of any person who violates the
provisions of the act or this chapter or for whom the Department receives:
(i) Homeowner complaints.
(ii) Complaints from building code officials
regarding performance of duties.
(iii) Evidence of a conviction of moral
turpitude or similar crime.
(iv)
Information that indicates a repeated failure to properly install manufactured
homes.
(v) Evidence of
fraud.
(vi) Evidence of loss of
licensure or certification issued by another state or HUD.
(vii) Evidence of a violation of the
Manufactured Home Procedural and Enforcement Regulations.
(2) Persons who wish to lodge a complaint
with the Department may do so by any means of communication. If the complaint
is made verbally, it must be followed up in writing. Before the Department
suspends or revokes a certification, the Department will provide written
notification to the certified person. The Department will specify in the
notification the reason for the suspension or revocation and a time and place
for a hearing on the matter, to be held within thirty days of
notification.
(b) Prior
to the issuance of written notification of suspension or revocation to the
certified person, the Department may issue written warnings to the certified
person. Written warnings will specify the alleged violations and may include a
request for a written response to the allegations set forth in the written
warnings from the certified person.
(c) Additionally, the Department may impose a
civil penalty of up to $1,000 per violation, not to exceed $1,000,000 in the
aggregate, on any person who violates the provisions of the act or this
chapter. The Department may impose the penalty only after affording the accused
party the opportunity for a hearing, as provided in 2 Pa.C.S. (relating to
administrative law and procedure).
Notes
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