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67 Pa. Code § 65.3. Certificate of authorization.

§ 65.3. Certificate of authorization.

 (a)  Application procedure. A person other than a motor carrier or State agency wishing to be authorized to sell trip permits, hunter permits or telegrams of authority shall make application for a certificate of authorization to the Bureau on a form provided by the Bureau.

   (1)  The application shall include:

     (i)   A letter of reference from a bank.

     (ii)   Three letters of reference from reputable business concerns.

     (iii)   A set of fingerprints of the applicant or of the principals of a partnership or corporation.

     (iv)   The prescribed annual fee for the principal place of business of the applicant and branch offices, if any.

     (v)   A listing of outstanding liabilities due and owing to the Commonwealth, if any.

     (vi)   The names and social security numbers of owners or officers of the permit service.

     (vii)   An indication of the type of permits or authorizations for which the agency application is being made.

   (2)  The Department may waive any of the requirements of paragraph (1) if the applicant has shown proven experience in this type of operation.

 (b)  Review of application. The Department will examine and determine the genuineness, regularity, and legality of every application for a certificate of authorization as a permit agent. The Department may cause an investigation of an applicant to be made with regard to any of the following:

   (1)  Condition of the applicant’s proposed business premises.

   (2)  Department of State records pertaining to the business.

   (3)  The criminal record of any owner, officer or agent.

   (4)  An unsatisfied judgement against the business, owner or officer.

   (5)  A credit rating of the business and its owner and officers.

   (6)  The status of the business with the Department of Revenue.

   (7)  Assets and liabilities of the business.

 (c)  Denial of application. The Department may deny an application for a certificate of authorization on the basis of information revealed in the investigation, or if the applicant fails to disclose material information required or has made a materially false statement on the application.

 (d)  Opportunity for review. If the Department denies an application for a certificate of authorization, the Department will provide the applicant with an opportunity to show cause why the application should not be denied.

 (e)  Temporary certificate of authorization. The Bureau may issue a temporary certificate of authorization for no more than 60 days, during which period the Bureau may investigate the operations of the agent. When the temporary certificate of authorization expires, the Bureau may issue a regular certificate of authorization.

 (f)  Issuance of certificate of authorization. The Bureau will issue a certificate of authorization to an approved permit agent on a calendar year basis. In no case will a certificate of authorization be issued for more than 12 months. Certificates of authorization will expire on December 31 of each calendar year. Each certificate of authorization will indicate the type of permit or telegram of authority which the agent may issue.

 (g)  Renewal of certificate of authorization. A certificate of authorization will be renewable annually on a form provided by the Bureau.

 (h)  Transfer of certificate of authorization. A certificate of authorization may not be transferred and will be valid only for the owner in whose name it is issued.

   (1)  In the case of any change of ownership, the certificate of authorization shall be returned to the Bureau.

   (2)  The following are regarded as changes of ownership:

     (i)   Whenever the owner takes a new partner.

     (ii)   Whenever the owner sells the business.

     (iii)   Incorporation of the business.

     (iv)   Sale of controlling interest in a corporation.


   The provisions of this §  65.3 adopted April 29, 1983, effective April 30, 1983, 13 Pa.B. 1440; readopted May 6, 1988, effective immediately and applies retroactively to April 30, 1988, 18 Pa.B. 2131. Immediately preceding text appears at serial pages (87701) to (87702).

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