§2711. Issuing agents.

(a) Appointment and bond.--The commission may appoint such persons as it deems necessary to issue fishing licenses and permits, and the persons so appointed shall be required to post a bond or other security in a form satisfactory to the commission in an amount it determines. The commission may establish administrative fees for fishing license issuing agents. County treasurers shall be exempt from payment of any administrative fee established by the commission.

(b) Compensation and fees.--For services rendered in collecting and submitting license and permit fees, issuing agents, as long as they continue to act in that capacity, may collect and retain the issuing agent fees set forth in section 2715 (relating to license, permit and issuing agent fees), which amount shall be full compensation for services rendered by them under the provisions of this title. The compensation shall be retained by the respective issuing agents and shall cover, among other things, the cost of issuing licenses, special licenses and permits, postage, mailing, returns and bonding of said agents. All license, special license and permit fees paid to an issuing agent under this title shall be paid by those agents into the State Treasury for deposit in the Fish Fund in the manner prescribed by the commission and they shall be applied to the purposes provided for in this title. An issuing agent shall make returns to the commission in the manner prescribed by the commission. Any issuing agent failing to comply with any of the provisions of this section shall not be entitled to retain the fee fixed in this subsection for the agent's services but shall pay those fees to the State Treasurer for deposit in the Fish Fund. Delinquent agents are subject to a penalty of 10% per month on any outstanding balance of license money due the commission, which penalty shall be compounded on a monthly basis. If those sums are not so paid, the Commonwealth may recover them by suit in the same manner as like amounts are now recoverable by law.

(c) Rules and regulations.--The commission may promulgate such rules and regulations to control and supervise the issuance of fishing licenses and permits and the collection and remittance of fees set forth in section 2715(a) and (a.1) by issuing agents and institutional superintendents as it may deem necessary.

(d) Proof of identification, residency and age.--Each issuing agent shall secure positive proof of identification, residency and age for each license issued.

(e) Records.--Every issuing agent shall maintain records in the manner prescribed by the commission. The records shall be available at reasonable hours for inspection by any waterways conservation officer or other officer designated by the commission or any representative of the Department of the Auditor General.

(e.1) Equipment.--Equipment for the issuance of fishing licenses and permits in the possession of issuing agents shall be available at reasonable hours for inspection by any waterways conservation officer or other officer designated by the commission.

(f) Penalty.--

(1) Any issuing agent or institutional superintendent violating subsection (b) commits a summary offense of the first degree.

(2) Any issuing agent or institutional superintendent committing a second or subsequent violation of subsection (b) in a 12-month period commits a misdemeanor of the second degree.

(3) Any issuing agent or institutional superintendent violating any other provision of this section or the rules or regulations promulgated thereunder commits a summary offense of the second degree.

(4) The commission may, in its discretion, recall the issuing agency of any agent who violates any provision of this section or the rules and regulations promulgated thereunder.

(July 20, 1983, P.L.53, No.27, eff. Jan. 1, 1984; Dec. 22, 1989, P.L.735, No.102, eff. Jan. 1, 1990; July 6, 1995, P.L.310, No.47, eff. Dec. 1, 1995; Nov. 3, 1999, P.L.447, No.41, eff. Jan. 1, 2000; Feb. 4, 2008, P.L.3, No.2, eff. imd.)

Notation

Cross References.  Section 2711 is referred to in section 2715 of this title.