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JOHN HAROLD CRAFT v. COMMONWEALTH PENNSYLVANIA (10/27/82)

decided: October 27, 1982.

JOHN HAROLD CRAFT, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, PENNSYLVANIA GAME COMMISSION, RESPONDENT



Appeal from the Order of the Pennsylvania Game Commission in case of In Re: Petition of John Harold Craft, Hunting License Revocation, Docket No. R.R.-81-110.

COUNSEL

Ronald J. Susmarski, with him Stephanie Domitrovich, Susmarski Law Offices, for petitioner.

Stuart M. Bliwas, Chief Counsel, for respondent.

Judges Rogers, MacPhail and Doyle, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 69 Pa. Commw. Page 475]

John Harold Craft (Petitioner) seeks review of a revocation by the Pennsylvania Game Commission of his hunting and trapping privileges in the Commonwealth for a period of three years. We now affirm.

On December 11, 1979, Petitioner signed a "field receipt" by which he acknowledged a violation of Section 1207 of The Game Law, Act of June 3, 1937, P.L. 1225, as amended, 34 P.S. § 1311.1207.*fn1 As a result of this acknowledgment of guilt, the Game Commission notified Petitioner on April 4, 1980, that his hunting and trapping privileges within the Commonwealth were revoked for a period of three years, beginning September 1, 1980. An appeal was taken to this Court from that order. On March 11, 1981, this Court*fn2 vacated that order and remanded the matter for further proceedings and the entry of a new decision consistent

[ 69 Pa. Commw. Page 476]

    with Chapter 5 of the Administrative Agency Law, 2 Pa. C.S. §§ 501-508. A hearing was held pursuant to this order on May 15, 1981, before a hearing examiner. As a result of this hearing, and in concurrence with the recommendations of the hearing examiner, the Executive Director of the Commission notified Petitioner that the three year revocation would remain as originally ordered. From this decision of the Executive Director, Petitioner now appeals.*fn3

Petitioner has raised a variety of issues on this appeal. The bulk of these issues, regarding notification of penalties, probable cause for the search done by enforcement officers, voluntariness of Petitioner's signing his field acknowledgment of guilt and Petitioner's actual guilt or innocence, are matters concerning his criminal conviction and thus irrelevant in this civil action, as this Court specifically decided over a year ago. See Levan v. Pennsylvania Game Commission, 59 Pa. Commonwealth Ct. 348, 429 A.2d 1241 (1981); Malishaucki v. Pennsylvania Game Commission, 58 Pa. Commonwealth Ct. 354, 427 A.2d 787 (1981).

A number of other issues have also been raised by Petitioner. Petitioner contends that he was charged with violating Section 1207 of The Game Law and that under that charge the Commission has no authority to revoke his license. However, his privileges were not revoked under the criminal provisions of Section 1207; rather, the authority to revoke is found under the civil provisions of Section 315, 34 P.S. § 1311.315, and under that section the Commission could revoke Petitioner's privileges in the present case.

[ 69 Pa. Commw. Page 477]

Petitioner also argues that the Commission failed to give him proper notice and a hearing prior to revocation, in contravention of the law. That problem, however, ...


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