Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 818.328 - Penalties(a)Criminal penalties for violation of this act.--Whoever shall give any false or forged evidence of any kind to the board or to any member in order to obtain a license, or shall refuse upon request to furnish business records, documents and files relating to practice under this act, or shall otherwise violate the provisions of this act shall be guilty of a summary offense and, upon conviction, shall be ordered to pay a fine of $1,000. A licensee shall be subject to criminal prosecution under this subsection for violation of any provision of this act.(b)Criminal penalties for unlicensed activity.--Whoever engages in the business of vehicle dealer, manufacturer, factory branch, distributor, distributor branch, auction or broker or engages in the occupation of vehicle salesperson or factory or distributor representative without being licensed and registered as required or exempted from licensure as provided, or shall present or attempt to use as his own the license of another, shall be guilty of a summary offense and, upon conviction, shall be sentenced to pay a fine of $1,000 or any higher amount equal to double the pecuniary gain derived from the offense. For the purpose of this act the sale of each vehicle in violation of this act constitutes a separate offense.(c) Additional remedy.--In addition to any other civil remedy or criminal penalty provided for in this act, the board by a vote of the majority of the authorized membership of the board as provided by law, or by a vote of the majority of the duly qualified and confirmed membership, may levy a civil penalty of up to $1,000 on any current licensee who violates any provision of this act or on any person who engages in an activity required to be licensed by this act. The board shall levy this penalty only after affording the accused party the opportunity for a hearing as provided in 2 Pa.C.S. (relating to administrative law and procedure).Renumbered by P.L. TBD 2018 No. 134, § 20, eff. 10/24/2019.1983, Dec. 22, P.L. 306, No. 84, §19 [ 63 P.S. § 818.19], effective 1/1/1984. Renumbered as § 28 [63 P.S. § 818.28] and amended 1996 , April 19, P.L. 104, No. 27, § 13, effective in 60 days. Amended 2000, Oct. 18, P.L. 577, No. 75, § 4, effective in 60 days.