Pennsylvania § 3117 - List of criminal offenses.

§ 3117. List of criminal offenses.

(a) Duty of commissioner.--After consultation with the licensing boards, licensing commissions and representatives of the business community with knowledge of the respective professions, the commissioner shall have the power and duty to publish a schedule of criminal convictions that may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit for each occupation or profession under the respective practice acts. The following shall apply:

(1) The schedule shall indicate which offenses are those that the licensing board or licensing commission deems as directly relating to the occupation, trade or profession.

(2) The schedule shall indicate the licensing board and licensing commission responsible for licensure of each occupation or profession.

(3) Within 180 days of the effective date of this subsection, the commissioner shall transmit notice of the completion of the schedule to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.

(4) Within two years of the publication under paragraph (3), the commissioner shall transmit notice of a regulation to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin. The regulation shall be subject to the act of June 25, 1982 (P.L.633, No.181), known as the Regulatory Review Act.

(5) The commissioner shall submit a regulation to update the schedule of criminal convictions as often as the commissioner deems appropriate to reflect new statutory enactments of the General Assembly affecting the schedule.

(b) Public comment period.--Within 120 days of the publication of the schedule in the Pennsylvania Bulletin under subsection (a), the commissioner shall submit initial proposed regulations to the Independent Regulatory Review Commission under section 5 of the Regulatory Review Act.

(c) Dissemination.--Within 180 days of the effective date of this subsection, the schedule of offenses in subsection (a) shall be provided in writing to each applicant for a license, certificate, registration or permit issued by a licensing board or licensing commission as part of the application and shall be made part of the best practices guide under section 3116 (relating to best practices guide). The following shall apply:

(1) Within 180 days of the effective date of this subsection, the schedule shall be published on the publicly accessible Internet website of the Department of State.

(2) The schedule of criminal convictions shall be published in both English and Spanish.

(3) Notice that the list of criminal offenses will change based upon new enactments by the General Assembly shall be provided on the publicly accessible Internet website of the Department of State, in writing as part of the application and in the best practices guide.

(d) Application.--The schedule shall be used by the licensing boards and licensing commissions when:

(1) preparing preliminary determinations under section 3115 (relating to preliminary determinations by licensing boards and licensing commissions);

(2) determining which criminal convictions may result in discipline of a licensee; and

(3) determining whether a criminal conviction may result in refusing to issue a license, certificate, registration or permit under section 3113 (relating to consideration of criminal convictions).

Special Provisions in Appendix. See section 5 of Act 53 of 2020 in the appendix to this title for special provisions relating to applicability.

Cross References. Section 3117 is referred to in sections 3113, 3116, 3118 of this title; section 9124 of Title 18 (Crimes and Offenses).