Administrative penalties

Act 197 of 2012, § 7, under NATIONAL HUMAN TRAFFICKING RESOURCE CENTER HOTLINE NOTIFICATION ACT - ENACTMENT.

Act 197 of 2012, § 7

Section 7. Administrative penalties.

(a) Penalty.--In addition to another remedy available at law or in equity for a violation of the posting requirements of section 3 or the training requirements of section 3.1 or 3.2, the licensing authority may, under subsection (b), assess an administrative penalty upon a person for the violation. In assessing the penalty, the licensing authority must give notice to the person and provide an opportunity for a hearing. The penalty shall be payable to the licensing authority and shall be collectible in a manner provided by law for the collection of debt. ((a) amended July 20, 2026, P.L.422, No.31)

(b) Schedule of sanctions regarding posting requirements.--(Hdg. amended July 20, 2026, P.L.422, No.31)

(1) If the licensing authority determines that a person has violated the posting requirements of section 3, the person shall be given a warning.

(2) If the licensing authority determines that a person has violated the posting requirements of section 3 within one year of receiving a warning under paragraph (1), the person shall be subject to a penalty of not more than $250.

(3) If the licensing authority determines that a person has violated the posting requirements of section 3 within one year of receiving a penalty under paragraph (2), the person shall be subject to a penalty of not more than $500.

(b.1) Schedule of sanctions regarding training requirements.--

(1) Upon determining that a person has violated section 3.1 or 3.2, the licensing authority shall issue a warning to the person and allow 90 days to cure the violation.

(2) Failure to cure a violation of section 3.1 or 3.2 within 90 days of a warning under paragraph (1) shall constitute a second violation, subjecting the person to a penalty of not more than $250.

(3) Failure to cure a violation within 90 days of a penalty being imposed under paragraph (2) shall constitute a third violation, subjecting the person to a penalty of not more than $500 and possible suspension of a license to operate a public lodging establishment or short-term rental for up to one year.

(4) Each subsequent day of noncompliance after a third violation constitutes a new violation.

((b.1) added July 20, 2026, P.L.422, No.31)

(c) Penalties collected.--

(1) Except as provided under paragraph (2), the penalties collected under this section shall be retained by the licensing authority initiating the enforcement action.

(2) No less than 50% of the penalties retained by the licensing authority shall be distributed to the Pennsylvania Commission on Crime and Delinquency for grants under 18 Pa.C.S. § 3031 (relating to grants).

((c) amended July 20, 2026, P.L.422, No.31)

(d) Procedure.--This section is subject to 2 Pa.C.S. Chs. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and 7 Subch. A (relating to judicial review of Commonwealth agency action).