Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 52 Pa.B. 3204 (May 28, 2022).

52 Pa. Code § 1051.5. Ineligibility due to conviction or arrest.

§ 1051.5. Ineligibility due to conviction or arrest.

 (a)  A person is ineligible to own any interest in any right issued by the Authority if the person, or a person having a controlling interest over the person or a key employee, has been subject to a conviction as defined in §  1001.10 (relating to definitions).

 (b)  If a regulated party owning a transferable right becomes ineligible to hold rights issued by the Authority due to a conviction, the regulated party shall immediately cease use of the rights and initiate the sale of the rights to an eligible person as provided in Chapter 1059 (relating to applications and sale of rights). If the regulated party is an individual limousine certificate holder or the sole owner of the securities of a limousine certificate holder, that person shall surrender to the Authority any limousine rights stickers to hold for safekeeping until the rights are sold.

 (c)  A regulated party or applicant shall inform the Director within 72 hours of being subject to an arrest or conviction as defined under §  1001.10.

 (d)  If a criminal prosecution is initiated against a regulated party for a crime that may lead to a conviction as defined in §  1001.10, the Enforcement Department or trial counsel may place the subject rights out of service as provided in §  1003.32 (relating to out of service designation).

Authority

   The provisions of this §  1051.5 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1051.5 temporarily amended May 5, 2017, effective February 25, 2017, expire upon promulgation of final-form regulations or on November 5, 2018, whichever is later, as set forth in 53 Pa.C.S. §  57B02(b), 47 Pa.B. 2558. Immediately preceding text appears at serial page (360483).

Cross References

   This section cited in 52 Pa. Code §  1051.8 (relating to limousine service limitations); 52 Pa. Code §  1051.14 (relating to death or incapacitation of a certificate holder or certain persons with controlling interest); 52 Pa. Code §  1055.19 (relating to prerequisites to inspection); and 52 Pa. Code §  1059.6 (relating to required application information).



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