§ 9158.4. Judicial review.

210 words·~1 min read·/pa/title-18/chapter-91/9158-4

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Petition for review.-- Subject to subsection (d), a requesting party may file a petition for review appealing a denial under section 9158.3(a)(2) (relating to denial), which shall include the following:

(1)The request for dissemination.

(2)Proof of service of the request for dissemination.

(3)The denial.

(4)Other information necessary to determine whether the criminal history investigative information should be disseminated under this subchapter.

(b)Time for petition.-- A petition for review shall be filed within 45 days of service of a denial of a request for dissemination of information.

(c)Location of filing.-- A petition for review shall be filed before the court of common pleas in any judicial district in which the criminal justice agency that issued the denial is located. For a criminal justice agency with Statewide jurisdiction, the petition for review shall be filed in Commonwealth Court.

(d)Judicial review.-- A denial under section 9158.3(a)(1) shall not be subject to judicial review.

(e)Relief.-- In a proceeding under this section, a court may award declaratory and injunctive relief only. The court shall direct a criminal justice agency to produce the requested information if the requesting party proves entitlement to access under this subchapter by a preponderance of the evidence.

18c9158.5s