Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 2336 (April 27, 2024).

58 Pa. Code § 421a.2. Disqualification criteria.

§ 421a.2. Disqualification criteria.

 (a)  An application for issuance or renewal of a license, permit, certification, registration or authorization may be denied, or a license, permit, certification, registration or authorization may be suspended or revoked if:

   (1)  The applicant has failed to prove to the satisfaction of the Board that the applicant or any of the persons required to be qualified are in fact qualified in accordance with the act and with this part.

   (2)  The applicant for or holder of a license, permit, certification, registration or authorization has violated the act or this part.

   (3)  The applicant for or holder of a license, permit, certification, registration or authorization is disqualified under the criteria in the act.

   (4)  The applicant for or holder of a license, permit, certification, registration or authorization has misrepresented, falsified or omitted a fact in the application for licensure or renewal.

   (5)  The applicant for or holder of a license, permit, certification, registration or authorization has failed to comply with Federal, state or local laws or regulations.

   (6)  The applicant for or holder of a license, permit, certification, registration or authorization is not current or is in arrears on a financial obligation owed to the Commonwealth or a subdivision thereof, including court-ordered child support payments.

 (b)  An individual will be disqualified from obtaining or holding:

   (1)  A principal or key employee license if the individual has been convicted of a:

     (i)   Felony offense in any jurisdiction.

     (ii)   Misdemeanor gambling offense in any jurisdiction, unless 15 years have elapsed from the date of conviction for the offense.

   (2)  A permit if the individual has been convicted of a felony or misdemeanor gambling offense in any jurisdiction unless 15 years have elapsed from the date of conviction for the offense.

 (c)  When considering an application for registration from an individual who has been convicted of a felony or misdemeanor gaming offense in any jurisdiction, a permit from an individual who has been convicted of a felony or misdemeanor gaming offense in any jurisdiction when 15 years have elapsed from the date of the conviction for the offense, or a license from an individual who has been convicted of a misdemeanor gaming offense in any jurisdiction when 15 years have elapsed from the date of the conviction for the offense, the Board will consider:

   (1)  The nature and duties of the applicant’s position with the licensed entity.

   (2)  The nature and seriousness of the offense or conduct.

   (3)  The circumstances under which the offense or conduct occurred.

   (4)  The age of the applicant when the offense or conduct was committed.

   (5)  Whether the offense or conduct was an isolated or a repeated incident.

   (6)  Evidence of rehabilitation, including good conduct in the community, counseling or psychiatric treatment received and the recommendation of persons who have substantial contact with the applicant.

 (d)  For purposes of this section, a felony offense is any of the following:

   (1)  An offense punishable under the laws of the Commonwealth by imprisonment for more than 5 years.

   (2)  An offense which, under the laws of another jurisdiction, is either:

     (i)   Classified as a felony.

     (ii)   Punishable by imprisonment for more than 5 years.

   (3)  An offense under the laws of another jurisdiction which, if committed in this Commonwealth, would be subject to imprisonment for more than 5 years.

 (e)  An individual may not be employed in this Commonwealth by an applicant for or holder of a license, certification, registration or authorization under this part in any capacity unless the individual is a citizen of the United States or can demonstrate that he holds a current and valid work authorization and is not restricted from working in the capacity for which employment is sought or held.

 (f)  A denial of an application or nonrenewal, suspension or revocation of a license, permit, certification, registration or authorization may be made for a sufficient cause consistent with the act, this part and the public interest.

Authority

   The provisions of this §  421a.2 amended under 4 Pa.C.S. § §  1202(b)(9)—(23), 1205, 1206(f) and (g), 1207(1) and (2), 1208(1)(iii), 1209(b), 1212, 1213, 13A11, 13A12—13A14, 13A15 and 1802 and Chapter 13.

Source

   The provisions of this §  421a.2 amended June 12, 2015, effective June 13, 2015, 45 Pa.B. 2829. Immediately preceding text appears at serial page (339579).



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