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AMMON G. HOSTETTER v. COMMONWEALTH PENNSYLVANIA (09/19/73)

decided: September 19, 1973.

AMMON G. HOSTETTER, APPELLANT,
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF TRAFFIC SAFETY, APPELLEE



Appeal from the Order of the Court of Common Pleas of Lebanon County, in case of Commonwealth of Pennsylvania, Department of Transportation v. Ammon G. Hostetter, No. 222 June Term, 1971.

COUNSEL

Keith L. Kilgore, with him Andrew L. Silberman, and Spitler, Rowe & Kilgore, for appellant.

Stuart A. Liner, Assistant Attorney General, with him Anthony J. Maiorana, Assistant Attorney General, Robert W. Cunliffe, Deputy Attorney General, and Israel Packel, Attorney General, for appellee.

President Judge Bowman and Judges Crumlish, Jr., Kramer, Wilkinson, Jr., Mencer, Rogers and Blatt. Opinion by Judge Crumlish, Jr. Judge Blatt concurs in the result only.

Author: Crumlish

[ 10 Pa. Commw. Page 229]

This is an appeal from a decision by the Secretary of Transportation which suspended Appellant's certificate of appointment to inspect motor vehicles.

[ 10 Pa. Commw. Page 230]

I.

The procedural morass involved calls for a burdensome recitation of the following factual posture. Based on the information garnered in a series of examinations of the Appellant's inspection station, Trooper Glen Cousins of the Pennsylvania State Police concluded that the Appellant was conducting his business in violation of two Regulations published by the Secretary of Transportation relating to the upkeep of inspection stations.*fn1 These Regulations require the holder of an inspection certificate "to have available at all times in his official inspection station, tools and equipment in good working order, as prescribed in the Official Inspection Station Rules and Regulations"*fn2 and "[t]o maintain a clean and orderly place of business."*fn3

Notice was sent to Appellant dated May 7, 1971 informing him that a hearing would be held on May 24, 1971. He never responded and an ex parte hearing was held on May 24, 1971 at which time the hearing examiner determined that a one year suspension was in order.

On June 9, 1971, Appellant was informed that his privilege to inspect motor vehicles was suspended because he violated Section 819(b) of The Vehicle Code. After Appellant complained that he had never received the May 7, 1971 notice, the suspension was rescinded and another departmental hearing was scheduled for June 30, 1971.

At the June 30, 1971 hearing, Trooper Cousins related the substance of his ...


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