§ 302. Use of hearing officers.

213 words·~1 min read·/pa/title-74/chapter-3/302

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

(a)General rule.-- The department may not utilize the services of employees of the department as hearing officers with respect to the following activities and proceedings of the department:

(1)Appeals from the department's denial or recall of an occupational limited license.

(2)Appeals from the department's cancellation, denial or recall of a probationary license.

(3)Requests for record review under 75 Pa.C.S. § 1516 (relating to department records).

(4)Hearings to request credit toward serving driving privilege or vehicle registration suspensions.

(5)Appeals from the department's refusal to issue a certificate of title for reasons other than failure to pay a required fee or tax in connection with or resulting from the acquisition or use of a vehicle.

(6)Any other matter as determined by the department by regulation.

(b)Scope of authority.-- A hearing officer utilized by the department for the proceedings described under subsection

(a)shall be vested with the same authority and duties as a department hearing officer under the provisions of 67 Pa. Code Ch. 491 (relating to administrative practice and procedure).

(c)Appeals.-- An adjudication by a hearing officer utilized by the department under subsection

(a)shall be appealable in accordance with 67 Pa. Code § 491.12 (relating to exceptions).

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