5 Pa.C.S. Ch. 13

5 Pa.C.S. § 1301 Commission hearings.

The commission shall conduct all hearings under the provisions of Title 2 (relating to administrative law and procedure). The commission shall conduct a hearing within ten business days from the time any recommendation is made by the executive director that a permit or license be suspended or revoked.

5 Pa.C.S. § 1302 Subpoenas.

The commission may issue subpoenas in connection with the investigation requiring the attendance and testimony of or the production of books and papers by any licensee or other person whom the commission believes to have information, books or papers of importance to it in making the investigation.

5 Pa.C.S. § 1303 Preliminary suspension of licenses or permits.

(a) General rule.--The commission may, upon its own motion or upon the verified written complaint of any person charging a licensee or permittee with violating any provision of this subpart or the rules and regulations promulgated under this subpart, order the preliminary suspension of any license or permit until adjudication by the commission if such action is necessary to prevent immediate or irreparable harm to the public welfare or to protect the health and safety of a boxer. (b) Meetings.--Upon the oral or written agreement of two members of the commission, the commission may conduct meetings under subsection (a) by voice or video electronic means if the subject matter of the meeting is so compelling or timely that considering the matter at the commission's next regular meeting would render any decision moot, adversely affect the rights of the aggrieved parties under this subpart or threaten the safety or physical health of participants. A stenographic record of such meetings shall be made and maintained by the commission and be made available to the parties upon request. The subject matter of any such meeting shall then become the first item on the commission's agenda for its next regularly scheduled meeting. (c) Hearing date.--The commission shall hold a hearing within ten business days after the date on which the license or permit was suspended preliminarily, at which time reasonable efforts shall be made for the affected parties and the commission to be physically present.

5 Pa.C.S. § 1304 Suspension or revocation of licenses or permits.

(a) General rule.--The commission may suspend or revoke a license or permit in any case where the commission finds that the licensee or permittee: (1) Is guilty of gross immorality. (2) Is unfit or incompetent by reason of negligence or habits. (3) Is guilty of violating any provision of this subpart or of the rules and regulations promulgated under this subpart. (4) Has committed fraud or deceit in securing his or another's license or permit. (5) Has been convicted of or pleaded guilty or entered a plea of nolo contendere to, or has been found guilty by a judge or jury of, a crime in any jurisdiction within ten years preceding the suspension or revocation. (6) Is an habitual drunkard or is addicted to the use of morphine, cocaine or other drugs having a similar effect. (7) Is or has become mentally incompetent. (8) Has been guilty of unprofessional or unethical conduct or such conduct as to require a suspension or revocation in the public interest. (9) Has made a misstatement of a material fact or fraudulently concealed a material fact or has induced, aided or abetted any other person in misstating or concealing any material fact in any application or other proceeding under this subpart. (10) Has failed to account for or pay over moneys belonging to others which have come into his possession in connection with a contest or exhibition. (11) Has failed to furnish to the proper party a copy of any contract or statement required by this subpart or the rules and regulations promulgated under this subpart or has breached such a contract. (12) Has paid or agreed to pay any money or article of value to any person not having a license or a permit for soliciting or for business secured or for rendering of any service or the doing of any of the acts forbidden by this subpart and the rules and regulations promulgated under this subpart. (13) Has loaned his license or permit to another person or has borrowed or used the license or permit of another. (14) Is guilty of any form of pretense which might induce the public or citizens to become a prey to professional exploitation. (15) Has employed a person who has not been issued a license or permit when so required by law. (16) Has failed to maintain in force the bond required by this subpart or has failed to forward a deposit in lieu of the bond. (17) Has by act or omission conducted himself in a manner detrimental to the best interests of boxing generally or to the public interest and general welfare. (18) Is associating or consorting with criminals, bookmakers, gamblers or persons of similar ill repute, or with persons of no known or visible means of livelihood, or is himself engaged or engaging in similar pursuits or conduct. (19) Has been disciplined in any manner by the commission or similar agency or body of any jurisdiction. (20) Has failed to pay a fine or any part thereof imposed pursuant to this subpart. (21) Is or may be at risk of serious physical impairment if allowed to participate in boxing engagements. The commission may investigate the mental or physical fitness of a licensee to participate in contests or exhibitions at any time. This paragraph only applies to licensees or permittees who are boxers. (b) Hearings.--Any licensee or permittee whose license or permit is suspended or revoked pursuant to this section shall have a right to a hearing before the commission within ten business days after the date on which the license or permit is suspended or revoked. Cross References. Section 1304 is referred to in sections 712, 903, 904, 905, 1113 of this title.

5 Pa.C.S. § 1305 Civil penalties.

The commission may impose a civil penalty of not more than $5,000 for any violation of any provision of this subpart, other than section 1701 (relating to prohibited competitions), or the rules and regulations promulgated under those provisions, in addition to any other punishment provided under this subpart for the violation. Any licensee or permittee upon whom a civil penalty is imposed under this section shall have a right to a hearing before the commission within ten days after notice of the commission's intent to impose the penalty is received. Cross References. Section 1305 is referred to in section 1113 of this title.