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Pennsylvania Statutes Title 77 P.S. Workers' Compensation § 2710. Administrative penalties and stop-work orders

Current as of January 01, 2022 | Updated by FindLaw Staff

(a) Certification.--

(1) If the department receives information indicating that an employer has failed to insure the employer's obligations as required by this act, the department may require the employer to certify, on a form prescribed by the department, that the employer meets one of the following:

(i) Possesses the requisite insurance. This subparagraph shall require the identification of the insurer, policy period and policy number.

(ii) No longer operates a business. This subparagraph shall require a statement of the dates of operation and cessation of operation.

(iii) Does not employ an individual entitled to compensation under this act.

(iv) Is otherwise exempt from the requirements of obtaining insurance under this act. This subparagraph shall require the identification of the applicable exemption.

(2) The employer shall return the form to the department within 15 days of service of the form by the department. The following shall apply:

(i) If an employer does not return the form within 15 days of service by the department, the department may assess an administrative penalty of $200 per day until the earlier of:

(A) the date the employer complies; or

(B) 30 days from service under this paragraph.

(ii) If an employer does not comply with this paragraph within 45 days of service under this paragraph, the department may proceed with further enforcement under subsection (d).

(b) Good cause.--If the department's investigation under section 1605  1 reveals good cause to believe that the employer is required and has failed to insure the employer's liabilities as required by this act, the department may proceed with further enforcement under subsection (d).

(c) Enforcement.--For the purposes of enforcing section 305  2 and this article, each department employee or agent charged with enforcement may enter the premises or worksite of an employer that is subject to subsection (a)(2)(ii) or (b).

(d) Stop-work order.--The department may issue an order requiring the cessation of operations of an employer that has failed to insure its liabilities as required by this act. The following apply:

(1) The order may require compliance with conditions necessary to ensure that the employer insures its liabilities as required by this act.

(2) The order shall take effect when served upon the employer by first class mail or posting at the employer's worksite.

(3) The order shall remain in effect until released by the department or a court of competent jurisdiction.

(4) The order shall be effective against a successor entity that:

(i) has one or more of the same principals or officers as the employer against whom the order was issued; and

(ii) is engaged in the same or equivalent trade or activity.

(e) Nonexclusivity.--An order under subsection (d) is in addition to a penalty which may be imposed pursuant to this act.

(f) Appeal.--

(1) An order under subsection (d) is subject to 2 Pa.C.S. Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action). 3

(2) Except as provided in paragraph (3), an appeal of a penalty under subsection (a)(2)(i) or an order under subsection (d) shall not act as a supersedeas.

(3) Upon application and for cause shown, the department may issue a supersedeas.

(g) Noncompliance.--

(1) Upon failure to comply with an order under subsections (d) and (f), the department may institute an action to enforce the order.

(2) An action under this subsection may be initiated as follows:

(i) In Commonwealth Court under 42 Pa.C.S. § 761(a)(2) (relating to original jurisdiction).

(ii) In a court of common pleas under 42 Pa.C.S. § 931(b) (relating to original jurisdiction and venue). Venue for an action under this subparagraph lies in either:

(A) the Twelfth Judicial District; or

(B) the judicial district where the violation occurred.

1 77 P.S. § 2705.
2 77 P.S. § 501.
3 2 Pa.C.S.A. § 701 et seq.
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Cite this article: FindLaw.com - Pennsylvania Statutes Title 77 P.S. Workers' Compensation § 2710. Administrative penalties and stop-work orders - last updated January 01, 2022 | https://codes.findlaw.com/pa/title-77-ps-workers-compensation/pa-st-sect-77-2710/

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