58 Pa. Code § 51.38 - Operation of the issuing agent for the Pennsylvania Automated Licensing Service (PALS)
(a)
Sale of licenses.
(1)
Issuing agents shall collect the required customer information, including
Social Security numbers, at the time of purchase and ensure that the fishing
license is accurate, correct and fully completed. The applicant shall verify
the information provided to the issuing agent and entered into the PALS is
accurate and correct and sign his own name or place his mark in the place
indicated on the face of the license certificate. A license is not valid unless
it is signed by the applicant. If an applicant indicates to the issuing agent
that he does not have a Social Security number, the issuing agent shall ask the
applicant to complete an affidavit on the form prescribed by the Commission
certifying under penalty of law that the applicant does not have a Social
Security number and the reason therefor. Upon completion and execution of the
form by the applicant, the issuing agent may issue the license to the
applicant. Issuing agents shall deny the issuance of a license to an applicant
who fails to provide his Social Security number or who fails to sign an
affidavit as required by this paragraph. Issuing agents shall retain the
affidavits and submit them to the Commission at least once a month or in
another manner prescribed by the Commission.
(2) Issuing agents shall verify the
eligibility of the applicant for the class of license indicated on the license
in accordance with §
51.32 (relating to resident and
nonresident licenses). If an applicant for a resident license indicates that he
is unable to establish that he is a resident of this Commonwealth by any of the
means identified in §
51.32 other than by signing an
affidavit of Pennsylvania residency, the issuing agent shall ask the applicant
to complete the form prescribed by the Commission certifying under penalty of
law that the applicant is a bona fide resident of this Commonwealth. Issuing
agents shall deny the issuance of a resident license to an applicant who fails
to establish his residency by signing the form or as otherwise provided in
§
51.32. Issuing agents shall retain
the affidavits of Pennsylvania residency and submit them to the Commission at
least once a month or in another manner prescribed by the Commission.
(3) Issuing agents shall transfer the
information provided by the applicant to the PALS and ensure that the PALS is
otherwise operational and prints the license certificate legibly. Issuing
agents may not provide a customer with more than one copy of a license
certificate issued under PALS.
(4)
Issuing agents shall provide a Summary of Fishing Regulations and
Laws with each license issued. Issuing agents also shall provide a
copy of the summary book to any holder of a Senior Resident Lifetime Fishing
License who requests one. Issuing agents are encouraged to provide a copy of
the summary book, if adequate numbers are available, to other individuals who
request one.
(5) Issuing agents
shall make available licenses and permits for sale to the public in strict
accordance with all policies, instructions, rules and regulations of the
Commission.
(6) Issuing agents and
their employees may not provide false or misleading information on a license.
The date reported on a license sold shall be the date of the actual
sale.
(7) Issuing agents shall keep
customer information confidential and not use, release or permit the use of
this information for any purpose not specifically authorized by the Commission
or applicable law.
(8) Issuing
agents shall return all original voided licenses to the Commission within 15
days of their issuance. Issuing agents shall pay the license fees for voided
licenses that are not returned to the Commission within 15 days of
issuance.
(9) Issuing agents shall
return all documents designated by the Commission within the time frame
specified by the Commission.
(10)
Issuing agents shall maintain, as instructed by the Commission, displays,
notices or other informational materials relating to licenses and permits
provided by the Commission, distribute to customers and fishing guides other
compliance or educational materials provided by the Commission and promote and
market new products or privileges as required by the Commission.
(11) Issuing agents shall sell licenses and
permits only at the business location specified in their application or
approved by the Commission and at a place on the premises accessible to the
public.
(12) Issuing agents may not
offer or provide licenses or permits free of charge or for any fee not
authorized by section 2715 of the code (relating to license, permit and issuing
agent fees).
(13) Issuing agents
shall redeem a license or permit voucher regardless of where the voucher was
purchased.
(b)
PALS equipment.
(1) Issuing
agents shall ensure proper use of the PALS equipment and follow the PALS
operating manual and subsequent amendments and revisions thereto.
(2) An issuing agent may not borrow, lend or
otherwise transfer PALS equipment or supplies to another agent without the
prior written consent of the Commission.
(3) Issuing agents shall safeguard PALS
equipment and supplies from unauthorized, wasteful, inappropriate or fraudulent
use. Issuing agents shall place the equipment and supplies in a secure
location. Issuing agents shall use license paper stock only for purposes of
printing licenses, permits, reports and receipts. Issuing agents shall promptly
notify the Commission or its designee of equipment malfunction. PALS equipment
and supplies are not transferable to other locations without the prior written
consent of the Commission. Issuing agents shall return the defective equipment
immediately to the repair center identified by the Commission.
(4) Issuing agents shall notify the
Commission by telephone within 48 hours and submit a written report within 10
days after any fire, theft or natural disaster affecting PALS equipment and
supplies or records.
(5) Issuing
agents shall be responsible for the PALS equipment and the supplies relating to
the issuance of licenses and permits, except for events beyond their control,
and they shall assume financial responsibility for any damage to the PALS
equipment resulting from negligence, malicious activity, abandonment, failure
to return upon request of the Commission or improper electrical service to the
equipment.
(6) Issuing agents shall
carry appropriate insurance covering PALS equipment and supplies in an amount
determined by the Commission. Issuing agents shall provide proof of insurance
coverage upon the request of the Commission.
(c)
Access and auditing.
(1) Issuing agents, their employees and
subcontractors shall allow the Commission or other authorized representatives
access to periodically inspect, review or audit PALS associated records,
reports, canceled checks and similar material pertaining to PALS. Issuing
agents shall maintain these records for 5 years.
(2) Issuing agents shall allow the Commission
access to all materials and equipment related to the PALS operations. Issuing
agents shall allow access to the Commission to make inspections during
reasonable business hours, with or without notice to the issuing agent, to
determine whether the issuing agent is in compliance with this
section.
(d)
Financial provisions.
(1)
Issuing agents shall deposit the money received from the sale of licenses and
permits in a designated bank account less the amount retained as an issuing
agent fee under section 2715 of the code.
(2) Issuing agents shall have sufficient
funds available in the designated bank account at the time of the electronic
funds transfers. Upon notification of insufficient funds for payment to the
Commission, the Commission may immediately and without notice suspend an
issuing agent's authority to issue licenses and permits, may assess an
administrative fee in accordance with section 502 of the code (relating to
collection fee for uncollectible checks) and may require the issuing agent to
increase the amount of the bond or other security or to provide adequate bank
account overdraft protection.
(3)
Issuing agents shall provide written notification on the form prescribed by the
Commission at least 15 days prior to changing banks, account numbers, ownership
status, business status or other information used by the Commission or its
designee for the purpose of collecting moneys owed by the issuing
agent.
(e)
Suspension or recall of agency.
(1) The Commission may suspend the issuing
agency of any agent that no longer meets the Commission's criteria for
acceptance for participation in PALS until the agent becomes
compliant.
(2) The Commission may
recall the issuing agency of any agent that violates the requirements of this
section.
Notes
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