Pennsylvania Act 1949-106 — RESTRAINING UNLICENSED PRACTITIONERS OF LICENSED ACTIVITIES

Act text

RESTRAINING UNLICENSED PRACTITIONERS OF LICENSED ACTIVITIES
                 Act of Apr. 18, 1949, P.L. 492, No. 106              Cl. 63
                                  AN ACT

     Enabling and authorizing the Department of Public Instruction or
        any of its departmental administrative boards, commissions,
        or officers to proceed by injunction or any other process in
        the court of common pleas in any county where the alleged
        unauthorized practice was committed, to prohibit and restrain
        any unlicensed person, association, copartnership, or
        corporation from engaging in an activity for which a license
        is required to be issued by the Department of Public
        Instruction, and to set out the method and procedure
        therefor.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  The Department of Public Instruction, or any of
     its departmental administrative boards, commissions, or
     officers, upon the advice of the Attorney General, may maintain,
     as hereinafter provided, an action, in the name of the
     Commonwealth, for an injunction or other process against any
     person to restrain or prevent his practicing any profession in a
     public or private capacity, or engaging in any trade or
     occupation; or against any person, copartnership, association,
     or corporation establishing, conducting, or operating a private
     school or class without a license, whenever a license to engage
     in such activity is required by law and such licenses are issued
     by the Department of Public Instruction.

        Compiler's Note:  Section 504 of Act 164 of 1980 provided
            that section 1 is repealed insofar as it is inconsistent
            with Act 164.
        Section 2.  Any such action shall be instituted in the court
     of common pleas in any county where the alleged unauthorized
     practice was committed. Such court may issue a temporary
     restraining order or injunction under this act, but shall
     determine any such action on its merits as soon as convenient,
     whether in term time or in vacation.
        (2 repealed in part June 3, 1971, P.L.118, No.6)
        Section 3.  No bond shall be required of, and no costs shall
     be taxed against, the Department of Public Instruction or any of
     its departmental administrative boards, commissions, or offices,
     or the officers thereof, on account of any such action.
        Section 4.  The provisions of this act shall be construed as
     supplementary to all other acts dealing with the same subject
     matter. No action brought under the provisions of this act shall
     prevent the prosecution or institution of any civil or criminal
     action otherwise provided by law for violation or any licensing
     act or departmental rule or regulation promulgated thereunder.