Pennsylvania § 3106 - Suspension.

§ 3106. Suspension.

(a) Temporary suspension.--A licensing board or licensing commission may temporarily suspend a license, certificate, registration or permit under circumstances as determined by the licensing board or licensing commission to be an immediate and clear danger to public health and safety. The following apply:

(1) The licensing board or commission shall issue an order to that effect without a hearing, but upon due notice, to the licensee concerned at the licensee's last known address, which shall include a written statement of all allegations against the licensee.

(2) After issuing the order under paragraph (1), the licensing board or licensing commission shall commence formal action to suspend, revoke or restrict the license, certificate, registration or permit of the person concerned as otherwise provided for by law.

(3) All actions shall be taken promptly and without delay.

(b) Hearing.--Within 30 days following the issuance of an order of temporary suspension, the licensing board or licensing commission shall conduct or cause to be conducted a preliminary hearing to determine whether there is a prima facie case supporting the suspension. The following apply:

(1) The licensee whose license, certificate, registration or permit has been temporarily suspended may:

(i) be present at the preliminary hearing;

(ii) be represented by counsel;

(iii) cross-examine witnesses;

(iv) inspect physical evidence;

(v) call witnesses;

(vi) offer evidence and testimony; and

(vii) make a record of the proceedings.

(2) If it is determined that there is not a prima facie case, the suspended license, certificate, registration or permit shall be immediately restored.

(3) The temporary suspension shall remain in effect until vacated by the licensing board or licensing commission, but in no event longer than 180 days.

(c) Restoration.--Restoration of a license, certificate, registration or permit shall be made as provided by law in the case of revocation or suspension of the license, certificate, registration or permit.