Commonwealth v. Farnan, 2012 PA Super 221 (Pa. Super. Ct. October 11, 2012) is the perfect new case to discuss what Superior court concludes is reasonable suspicion as the basis to perform of Commonwealth of Pennsylvania motor vehicle traffic stop. Right now, in Pennsylvania, a police officer has authority to stop a vehicle when he…

Being investigated by any governmental health insurance program carries with it both significant responsibilities and repercussions if the representation is handled incorrectly, wrong advice given, or false statements made to those investigators. Emergent counsel needs will become clear depending on the nature and extent of the investigation, employee conduct, and the amount of insurance proceeds…

In a recent case Janna Perry appealed a Commonwealth of Pennsylvania, Department of Transportation (“PennDOT”) suspension of her driving privilege for a period of one year. Perry v. Commonwealth, 2012 Phila. Ct. Com. Pl. LEXIS 296, 1-7 (Pa. C.P. 2012). The suspension was sought as a result of police officers alleging, during the course of…

Pursuant to § 21.29, the annual Nursing license expiration and renewal occurs on (1) April 30 in the even-numbered years, (2) October 31 in the even-numbered years, (3) April 30 in the odd-numbered years, and (4) October 31 in the odd-numbered years. Upon receipt of the notice of the renewal, and the time period within…

The strong enforcement mechanism of the Pennsylvania Nursing Board is found at 63 P.S. § 224. Under this provision, the Board may refuse, suspend or revoke any license in any case where the Board shall find that– (1) The licensee is on repeated occasions negligent or incompetent in the practice of professional nursing or dietetics-nutrition;…

In the case of Commonwealth v. Jones, 2012 Pa. LEXIS 2258, 4-6 (Pa. Sept. 28, 2012) the court addressed the lagging issue of serial PCRA petitions, including a second or subsequent one, and when they must be filed. The court ruled that in accordance with the statute, the filings must be completed within one year…

In this day and age, the Pennsylvania licensing boards are finding any reason possible to suspend or revoke a licensee’s license. One of the easiest catch all phrases to invoke a license suspension/revocation is violating the “moral turpitude” provision of the administrative laws/regulations. This provision addresses all conduct that is contrary to honesty. Yurick v.…