Current through Pa Acts 2024-53, 2024-56 through 2024-92
Section 162.17 - Administrative enforcement and penalties(a) General rule.-- The secretary may refuse to register or revoke or suspend the registration of any charitable organization, professional fundraising counsel or professional solicitor whenever he finds that a charitable organization, professional fundraising counsel or professional solicitor, or an agent, servant or employee thereof: (1) Has violated or is operating in violation of any of the provisions of this act, the regulations of the department, or an order issued by the secretary.(2) Has refused or failed or any of its principal officers has refused or failed, after notice, to produce any records of such organization or to disclose any information required to be disclosed under this act or the regulations of the department.(3) Has made a material false statement in an application, statement or report required to be filed under this act.(b) Additional actions.-- When the secretary finds that the registration of any person may be refused, suspended or revoked under the terms of subsection (a), the secretary may:(1) Revoke a grant of exemption to any of the provisions of this act.(2) Issue an order directing that the person cease and desist specified fundraising activities.(3) Impose an administrative fine not to exceed $1,000 for each act or omission which constitutes a violation of this act and an additional penalty, not to exceed $100 for each day during which such violation continues. Registration will be automatically suspended upon final affirmation of an administrative fine until the fine is paid or until the normal expiration date of the registration. No registration shall be renewed until the fine is paid.(4) Place the registrant on probation for such period of time and subject to such conditions as he may decide.(c) Administrative procedures.-- All actions of the secretary shall be taken subject to the right of notice, hearing and adjudication and the right of appeal therefrom in accordance with Title 2 of the Pennsylvania Consolidated Statutes (relating to administrative law and procedure).1990, Dec. 19, P.L. 1200, No. 202, § 17, effective in 60 days.