Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 8238 (December 30, 2023).

67 Pa. Code § 441.10. Penalties and enforcement.

§ 441.10. Penalties and enforcement.

 (a)  General rule. A violation of this chapter or the permit requirements shall constitute grounds for imposition of any or all of the following penalties:

   (1)  Upon receipt of oral or written notice of a violation from the authorized representative of the Department or a police officer whose jurisdiction includes the permitted work area, the permittee shall cease to perform further work in the permitted area except to restore the area to a safe condition. Further work may not commence in the permitted area until the violation has been remedied. If the permittee has received oral notice of the violation, written notice shall be sent to the permittee within 10 days of receipt of the oral notice.

   (2)  Confiscation of the applicant’s permit by a police officer or authorized representative of the Department.

   (3)  Revocation of the applicant’s permit by the Department.

   (4)  The Department may block driveways or sever, remove or block drainage facilities constructed without a permit or in violation of this chapter.

   (5)  The fines, imprisonment or other penalties as are provided by law.

   (6)  The other action as may be deemed necessary or proper after consultation with the Office of Chief Counsel.

 (b)  Additional grounds for revocation. Additional grounds for revocation shall be as follows:

   (1)  The Secretary may revoke a permit whenever he determines that the driveway or approaches or their use constitute a hazard to traffic or interferes with the proper use of the highway by the Department or the public.

   (2)  The director may revoke a permit for nonpayment of a fee specified in §  441.4 (relating to permit fees) including default of a check submitted for the payment.

 (c)  Revocation procedure. Prior to revocation of a permit except for nonpayment as specified in paragraph (2), the applicant shall be given an opportunity for a hearing in accordance with 2 Pa.C.S. § §  501—508 (relating to practice and procedure of Commonwealth agencies).

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