Section 51.35. Operation of the issuing agency

(a) A person, sole proprietorship, partnership or corporation may apply to become an issuing agent of the Commission for the purpose of selling fishing licenses. An applicant seeking to become an issuing agent shall complete and submit to the Commission an application on the form prescribed by the Commission and shall pay a one-time, nonrefundable fee of $100. Applications shall be accompanied by a bond in favor of the Commission, or other security in a form satisfactory to the Commission, in a minimum amount specified by the Executive Director or designee.

(b) An entity accepted by the Commission to act as an issuing agent shall perform in the following manner:

(1) An issuing agent, including county treasurers, may not appoint subagents to issue fishing licenses, stamps or permits.

(2) Issuing agents shall file monthly reports of all fishing licenses, stamps and permits sold during the month in the manner determined by the Commission. Agents may file reports more frequently at the discretion of the agent.

(i) Agents shall include in their monthly reports detailed sales information and remittance for all licenses, stamps and permits sold during the reporting period.

(ii) Agents shall file their reports so that they are received in the Harrisburg office by the 15th of the month following the reportable month.

(iii) Agents shall file a report even if there is no sales activity to report for the month. Failure to file a report places the agency in a delinquent status.

(iv) Agents shall indicate their agent number on the report, as well as the remittance.

(3) Issuing agents shall retain the third copy of the license certificate for 1 year after the close of any given license year.

(4) Issuing agents shall maintain a bond in favor of the Commission in a minimum amount specified by the Commission for each location where licenses, stamps and permits are issued.

(5) An issuing agent may not borrow, lend or otherwise transfer a supply of licenses, stamps or permits to another agent without the prior written consent of the Commission.

(6) An issuing agent or an issuing agent’s employe may not provide false or misleading information on a license issued. The date reported on a license sold shall be the date of the actual sale.

The provisions of this § 51.35 adopted March 7, 1997, effective March 8, 1997, 27 Pa.B. 1153; amended April 10, 1998, effective April 11, 1998, 28 Pa.B. 1753; amended March 14, 2003, effective March 15, 2003, 33 Pa.B. 1348; amended November 23, 2005, effective January 1, 2006, 35 Pa.B. 6434. Immediately preceding text appears at serial page (296285).

Notation

Authority

The provisions of this § 51.35 amended under the Fish and Boat Code, 30 Pa.C.S. § 2711.

Cross References

This section cited in 58 Pa. Code § 51.129 (relating to special issuing agents).