§ 72.5. Denials, revocations and suspensions.
(a) Denial of license application and requests for renewal.
(1) Whenever the Department denies a license application or request for renewal, the Department will send a notice by registered or certified mail at the last known address of the applicant or dealer. The notice will set forth the basis of the Department’s denial and inform the applicant or dealer that the Department’s actions may be protested through a hearing process. To avail itself of the hearing process, the applicant or dealer shall file a complaint with the Department’s Cigarette Licensing, Marketing and Control Board within 30 days after the mailing date in the notice under section 207-A of the code (72 P. S. § 207-A).
(2) A dealer may continue to operate under its license for a 30-day period following the mailing date in the denial notice. If the dealer files an appeal with the Cigarette Licensing, Marketing and Control Board, the dealer may continue to operate under its license during the period of administrative appeal before the Board.
(b) Revocation or suspension of license. Whenever the Department determines that a dealer has committed a violation of the act or the code that would result in the suspension or revocation of that dealer’s license, the Department will file a complaint with the Cigarette Licensing, Marketing and Control Board under the procedures in section 207-A of the code. Within 30 days after the termination of a hearing, the Board shall recommend its decision to the Secretary. If the Secretary’s decision results in the suspension or revocation of the dealer’s license, the dealer shall immediately surrender its license to the Department, notwithstanding the dealer’s right of further administrative or judicial appeal.
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