Refunds for Application Fees

On January 31, 2023, the newly-inaugurated Pennsylvania Governor signed an executive order that establishes some ambitious new goals for the bureaucracy under his control.  You may have read about this in the news, or heard about it on TV or radio. There's a little more to the story, though.

Under Executive Order 2023-07, each agency in Harrisburg under the Governor's direction that issues any type of license must submit a catalog within 90 days (May 1, 2023) that lists all of the licenses issued by that agency, how the applications for licenses are processed, the fees charged by the agency, and the agency's recommended processing time for completed applications. After the agencies submit their catalogs, the Governor will set recommended "efficient application processing times" for each license application.

The Governor's Executive Order then says that if an agency doesn't process an application within the recommended processing time, then the agency must refund the application fee "to the extent permitted by law."

Well, there are few important conditions that prevent this new policy from being a genuine reform.  For example, according to this executive order the processing "shot clock" is only begins to run when an application is "complete." As many people who have been through the application process know, the bureaucracy may keep calling you back to ask for more documents, more information, or some corrections. Recently, one agency asked a client that I represent to get a certified copy of every piece of paper in a 20-year-old court case! So it takes time for the courthouse to retrieve the old file from the archives and then there's the expense of getting a certified copy of the entire court file! The applicant even had to produce documents that aren't relevant to the application!

Then there's this big qualifier: "to the extent permitted by law." Already, some lawyers inside the state bureaucracy doubt that any agencies are "permitted by law" to refund application fees. In fact, the statutes that govern these agencies generally require the agency to charge an application fee. That's because the application fees are meant to fund the operations of the agency by the people or companies that use the agency's licenses, rather than dip into taxes to pay for those expenses.

To further emphasize this final point, the next to last paragraph of the Executive Order says that it's not creating any right or benefit that is enforceable by any party against the Commonwealth.

So what does this mean for the public and what can you do?

As the Boy Scouts say, "Be prepared." Or if you prefer the United States Coast Guard or Latin, "Semper paratus" ("Always prepared.")

As a general rule, when dealing with a licensing agency, disclosure is better than omission, and more is better than less. For example, if you have a criminal history, tell the agency all about it, even if it happened a long time ago, or even if it's minor. Unless the application gives you specific instructions not to report certain matters (traffic offenses or expunged cases, for example), put it in your application. Better to disclose it than to risk being accused of hiding something later on. And if you do have a criminal history, include information that shows how you've changed your life and turned things around. If your application is denied, you'll need that information any way, so work on it sooner rather than later. Give the agency letters of recommendation from your clergy, your 12-step group sponsor, or your teachers.

Or if you are licensed in another state and you aren't sure whether you can get a reciprocal license in Pennsylvania, you can put together the documents and information that support your application and do it early.

And you can always call me or contact me by email. Initial consultation is free and if you're on a limited budget, we can discuss how you and I can work together in a way that fits your budget. The Client Portal that I offer is an excellent way to communicate and to share documents and communicate. It's fast, it's easy and it's cost effective.

Thanks for reading. I hope this helps you.