(1) Applications for an Expediter license shall be filed on a form to be provided by the Department. No such application will be received unless it is accompanied by: 1198
(a) payment of a non-refundable application fee of two hundred dollars ($200);
(b) proof that the applicant possesses insurance, in such type and amount as the Department shall by regulation require, covering claims made by the Expediter's clients for errors and omissions in the course and scope of the Expediter's work on behalf of such client;
(c) a report of a criminal history records search of the applicant performed by the Department of Records, which shall be provided by the applicant at the applicant's expense; and
(d) copies of any civil judgments against or records of conviction of the applicant within the prior ten years for fraud, deceptive or unfair conduct, negligence, recklessness, or breach of contract in a professional capacity. 1199
(2) Issuance of Expediter License. If the Department determines that an application is complete and satisfactory on its face, that the application fee has been paid, and that the necessary proof of insurance and the criminal history records search report have been submitted, the Department shall issue the applicant an Expediter license, unless the Department finds that the applicant:
(a) Has, within the six years immediately prior to the date of license application, been finally found guilty of or plead no defense to any crime of fraud, dishonesty, breach of trust or deceit, or has, within such six year period, been finally found guilty of or plead no defense to a violation of the Public Official and Employee Ethics Law, Act 9 of 1989 (65 P.S. §§ 401 et seq.);
(b) Has been the subject of significant substantiated complaints to the Department or a pattern of judgments or convictions regarding fraud, deceptive or unfair conduct, negligence, recklessness, or breach of contract; 1200
(c) Is currently serving a period of Expediter license suspension;
(d) Was employed by the Department or any of the Review Boards within one year prior to the date of license application;
(e) Was employed by any City agency within one year prior to the date of license application as a "public employee" or "public official", as those terms are defined by the State Ethics Act (65 P.S. §§ 401 et seq.); or
(f) Was dismissed from employment with the Department or with any of the Review Boards due to malfeasance or misfeasance within the five years prior to the date of application.
(3) Term of license; renewal. Expediter licenses shall be valid for one year, and may be renewed for additional one year terms upon payment of an annual license renewal fee of two hundred dollars ($200). 1201
(4) Changes in Information. An applicant or licensed Expediter shall notify the Department, in writing, within seventy-two (72) hours of any changes in the information contained in or submitted with the application.
Notes
1198 | Amended, Bill No. 130691-A (approved February 19, 2014). Section 6 of Bill No. 130691-A reads: "The provisions of this Ordinance that are subject to review under the Pennsylvania Construction Code Act (Act 45 of 1999, P.L. 491, as amended) shall not become effective until the Secretary of the Pennsylvania Department of Labor and Industry certifies approval of this Ordinance or the City Solicitor certifies to the Chief Clerk of Council that the requirements of Section 503 of Act 45 of 1999, as amended (35 P.S. sec. 7210.503), have otherwise been satisfied so as to permit the Ordinance to go into law. The remainder of this Ordinance shall take effect immediately." The Pennsylvania Department of Labor and Industry provided the necessary approval on January 15, 2014. Pursuant to 35 P.S. § 7210.503(j), the provisions are effective 35 days after enactment, i.e., March 27, 2014. |
1199 | Amended, Bill No. 150769 (approved December 23, 2015). |
1200 | Amended, Bill No. 150769 (approved December 23, 2015). |
1201 |