Section 702. Violation of act.
(a) Criminal penalty.--A person violating a provision of this act or a regulation of the board commits a misdemeanor of the third degree and shall, upon conviction, be sentenced to pay a fine of not more than $1,000 or to imprisonment for not more than six months for the first violation. For the second and each subsequent conviction, the person, upon conviction, shall be sentenced to pay a fine of not more than $2,000 or to imprisonment for not less than six months or more than one year, or both.
(b) Civil penalty.--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 maximum number 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 or a minimum of five members, whichever is greater, may levy a civil penalty of up to $1,000 on any of the following:
(1) A crane operator who violates a provision of this act.
(2) An individual who operates a crane in violation of this act.
(3) An individual who holds himself out as a crane operator without being properly licensed as provided in this act. This paragraph shall not apply to a trainee under section 501(c).
(4) A person that violates section 501(b).
(c) Procedure.--The board shall levy the civil penalty set forth in subsection (b) only after affording the accused the opportunity for a hearing as provided in 2 Pa.C.S. (relating to administrative law and procedure).
Compiler's Note: Section 3 of Act 25 of 2009, which amended section 5 of the act of July 2, 1993 (P.L.345, No.48), provided that section 702 is repealed insofar as it is inconsistent with the amendment of section 5. The act of July 2, 1993 (P.L.345, No.48) was repealed by the act of July 1, 2020 (P.L.575, No.53). The information is now contained in 63 Pa.C.S. Chapter 31 (relating to powers and duties).