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

67 Pa. Code § 459.11. Penalties and enforcement.

§ 459.11. Penalties and enforcement.

 (a)  General rule. Violation of this chapter or the permit requirements constitutes grounds for imposition of the following penalties:

   (1)  Upon receipt of oral or written notice of violations from the authorized representative of the Department or a police officer whose jurisdiction includes the permitted work area, the permittee shall cease to perform any further work in the permitted area except to restore the area to a safe condition. No further work may commence in the permitted area until the violations have been remedied. Where the permittee has received oral notice of the violations, written notice shall be sent to the permittee within 10 days of receipt of the oral notice.

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

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

   (4)  Removal of facilities installed without a permit or in violation of the provisions of this chapter.

   (5)  Fines, imprisonment or other penalties as are provided by statute.

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

   (7)  Other conditions which may be specified on a Departmental Citation.

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

   (1)  The Department may revoke a permit whenever it determines that the permitted facility is not being maintained, is in violation of a condition of the permit or this chapter, constitutes a hazard to traffic or interferes with the proper use of the highway by the Department or the public.

   (2)  The Department may revoke a permit for nonpayment of a fee authorized in §  459.4 (relating to permit fees) including default of a check submitted for payment.

 (c)  Revocation procedure. Prior to revocation of a permit, except for nonpayment as specified in subsection (b)(2), the permittee shall be given an opportunity for a hearing under 2 Pa.C.S. § §  501—508 and 701—704 (relating to the Adinistrative Agency Law).


   The provisions of this §  459.12 amended under sections 411, 420 and 702 of the State Highway Law (36 P. S. § §  670-411, 670-420 and 670-702).


   The provisions of this §  459.11 adopted July 13, 1979, effective August 13, 1979, 9 Pa.B. 2338; amended August 7, 1981, effective August 8, 1981, 11 Pa.B. 2779; amended January 20, 1989, effective March 22, 1989, 19 Pa.B. 241. Immediately preceding text appears at serial page (113654).

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