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§ 9-2202. License Required.
   (1)   Except as set forth in subsection 9-2202(2), no person shall act as an Expediter or solicit to perform as an Expediter unless that person possesses a currently valid Expediter license.
   (2)   Exceptions.
      (a)   The following licensed professionals, when acting within the scope of their licensed practice area, shall not be subject to the provisions of this Chapter: attorneys currently licensed to practice law in Pennsylvania; architects currently licensed to practice architecture in Pennsylvania; engineers currently licensed to practice engineering in Pennsylvania; and landscape architects currently licensed to practice landscape architecture in Pennsylvania.
      (b)   Licensed contractors may apply for permits under which they will perform or supervise work (and take other action necessary to obtain such permits) without obtaining the license required by this Chapter.
      (c)   The provisions of this Chapter shall not apply to City or other public officials or employees whose action as an Expediter are in the course of or incident to their official duties.
      (d)   The provisions of this Chapter shall not apply to a real estate agent or broker currently practicing under a valid real estate license in Pennsylvania seeking property licenses or certificates. 1197

 

Notes

1197
   Amended, Bill No. 140223 (approved June 4, 2014).
§ 9-2203. License Issuance; Renewal.
   (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
   Amended, Bill No. 130691-A (approved February 19, 2014). See note 1198 for effective date provisions.
§ 9-2204. License Suspension; Revocation; Disqualification. 1202
   (1)   An Expediter license shall be revoked if the Agent is finally found guilty of or pleads no defense to bribery or other crime of fraud, dishonesty, breach of trust or deceit, or to a violation of the Public Official and Employee Ethics Law, Act 9 of 1989 (65 P.S. §§ 401 et seq.).
   (2)   The Department may suspend or revoke a license, and may disqualify an individual from obtaining a license for a future period, for violation of Section 9-2206 ("Prohibited Conduct") or for meeting one of the bases for disqualification to obtain a license under Section 9-2203 (License Issuance; Renewal), for a period of time commensurate with the severity of the conduct.
   (3)   The Department shall by regulation promulgate license suspension and revocation procedures as well as a complaint process to implement this Section.

 

Notes

1202
   Caption and Section amended, Bill No. 150769 (approved December 23, 2015).
§ 9-2205. Entry of Appearance Forms.
   (1)   All licensed Expediters shall file an entry of appearance form with the Department or with a Review Board before which the Expediter is engaging in representation, prior to any act of representation in a particular matter. The entry of appearance form shall be provided by the Department, and shall include the Expediter's name, license number, and the name of the person the agent is representing. The entry of appearance form shall be accompanied by a copy of a contract for services, which shall include a description of the specific services to be provided and the relevant price terms, as well a clear disclosure in not less than 14-point font that the Expediter is not authorized to engage in the practice of law, architecture, landscape architecture, or engineering, and is not a licensed real estate agent or broker, unless the Expediter is otherwise licensed to do so. 1203
   (2)   Records. The Department and the Review Boards shall maintain files of all entry of appearance forms they receive.

 

Notes

1203
   Amended, Bill No. 150769 (approved December 23, 2015).
§ 9-2206. Prohibited Conduct.
   (1)   No Expediter shall violate any law in the course of representing any client before the Department or the Review Boards, including, but not limited to, the provisions of Chapter 20-600 ("Standards of Conduct and Ethics").
   (2)   No Expediter shall knowingly deceive, mislead, or threaten any client or prospective client in relation to any representation or solicitation to represent.
   (3)   No Expediter shall misappropriate or fail to properly and promptly remit funds received from a client for the purpose of payment of any fee, fine, penalty or administrative cost to the Department or the Review Boards.
   (4)   No Expediter or license applicant shall knowingly give false or misleading information in completing a license application, in providing changes of information to the Department, or in completing an entry of appearance form.
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