Section 491-17.1 - Violations and penalties(a) It shall be a summary offense, punishable by a fine of one thousand dollars ($1,000.00) or imprisonment for up to sixty days, or both: (1) For any person to obtain or attempt to obtain an employer's or a contractor's permit required by section 7 or section 9 through fraud or misrepresentation; or(2) For any person to deliver or cause to be delivered, to any person, any articles or materials for manufacture by industrial homework, prohibited by section 4 or by the department under authority of section 5 ; or(3) For any person to deliver or cause to be delivered, to any person, any articles or materials for manufacture by industrial homework, if the person delivering or causing the delivery does not have in his possession a valid appropriate permit required by section 7 or section 9; or(4) For any person to deliver or cause to be delivered, to any person, any articles or materials for manufacturing by industrial homework, if the person to whom the articles or materials are delivered does not possess a home-worker's certificate which is valid or which, after performance of the inspection required by section 16 , a person could reasonably believe to be valid; or(5) For any person to fail to keep records or make a report as required by section 12 , or refuse to grant access to such records as required bysection 12, or to keep records or make a report required by section 12 inaccurately, if the inaccuracy is due to fraud, misrepresentation, or reckless disregard for accuracy; or(6) For any person to fail to perform any duty imposed by section 16 ; or(7) For an employer, representative contractor, or contractor to obtain or aid any person to obtain a home-worker's certificate, if he knows or has reason to know that the person does not meet the qualifications of a home-worker set forth in section 11 ; or(8) For any person to sell or to possess with intent to sell, any articles manufactured in violation of any provision of this act, or any manufactured articles which have not been labeled as required by section 14(b) , if the person knows or should have known that the articles were manufactured by industrial homework and are not labeled as required by this act.(9) For any person to make a deduction from the wages or salary of any home-worker prohibited bysection 8 . (b) It shall be a summary offense, punishable by a fine of five hundred dollars ($500.00) or imprisonment for up to thirty days, or both, for any person to deliver or cause to be delivered, to any person, any articles or materials for manufacture by industrial homework which are not labeled in the manner prescribed by section 14(a).(c) It shall be a summary offense, punishable by a fine of five thousand dollars ($5,000.00) or imprisonment for between sixty and ninety days, or both, for any person to commit a second violation of this act within five years from the date of his conviction for violation of this act.(d) If a person convicted under this section is a corporation, the president and any other officer of the corporation empowered to supervise the action of the corporation found to be violative of this act shall be subject to the penalties of imprisonment provided for by this section.(e) Repealed by 1978, April 28, P.L. 202, No. 53, § 2(a) [1181], effective June 27, 1978.(f) Upon learning of the conviction of any person for violation of this act, it shall be the duty of the Secretary of Labor and Industry, or his authorized representative, to revoke any permit which the convicted person may hold. The department shall not issue any permit authorized by this act to any such person, or his successor in interest, for a period of five years after the revocation of the permit becomes final. If a person convicted under this act did not have a valid permit at the time of his conviction, the department shall not issue any permit authorized by this act to any such person, or his successor in interest, for a period of five years after the person's conviction becomes final. In its performance of the duties imposed on it by this subsection, the department shall afford the convicted person due process of law.(g) When delivery or causing delivery of any articles or materials for manufacture by industrial homework is an element of an offense under this section, and more than one delivery violative of this act is made to the same individual home-worker within one calendar week, those deliveries shall constitute only one offense under this act. In such a case the person making or causing the delivery shall be found guilty of that portion of the act which he has violated which carries the most onerous penalty. Deliveries during each calendar week to different individuals shall constitute separate offenses.1937, May 18, P.L. 665, § 17.1, added 1976, Nov. 24, P.L. 1196, No. 263, § 5. Affected 1978, April 28, P.L. 202, No. 53, § 2(a) [1181], effective 6/27/1978.