Gen. Motors, LLC v. Bureau of Professional and Occupational Affairs

JUSTICE MUNDY, Concurring and Dissenting

I join Section II of the well-reasoned Majority Opinion finding that the surcharge General Motors imposed in this case is not permissible pursuant to Section 9(b.4) of the Board of Vehicles Act. I write separately, however, to note my disagreement with Section I of the Majority Opinion. Because I conclude that the Majority's construction in Section 1 of the Board of Vehicles Act (the Act), 63 P.S. §§ 818.1 - 818.37, is antithetical to its stated purpose and undercuts the mandatory language utilized in the Act, I respectfully dissent.

When faced with…