Pennsylvania Code & Bulletin

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 1148 (February 25, 2023).

55 Pa. Code § 3490.192. Request for a hearing from a school employe for indicated reports of student abuse.

§ 3490.192. Request for a hearing from a school employe for indicated reports of student abuse.

 (a)  The school employe responsible for the student abuse has the right to appeal the Secretary’s decision to deny the request to amend or expunge an indicated report by filing an appeal with the Secretary.

 (b)  Any other subject of a report and the county agency have the right to appeal the Secretary’s decision to grant the request.

 (c)  Appeals shall be in writing to the Secretary’s designee, the Bureau of Hearings and Appeals, and be postmarked within 45-calendar days from the mailing date of the Secretary’s notification letter.

 (d)  If an appeal is filed, a hearing shall be held before the Department’s Bureau of Hearings and Appeals.

 (e)  Except as provided in subsection (f), hearings will be conducted under 2 Pa.C.S. § §  501—508 and 701—704 (relating to the Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).

 (f)  Hearings will be scheduled and final administrative action taken in accordance with the time limits specified in §  275.4(b) and (e)(1), (3) and (5) (relating to procedures).

 (g)  The burden of proof in hearings held under this section is on the appropriate county agency.

 (h)  Parties to a hearing held under this section have 15-calendar days from the date of the final order of the Bureau of Hearings and Appeals to request the Secretary to reconsider the decision or 30-calendar days to appeal the final order to the Commonwealth Court.

 (i)  Any administrative appeal proceeding will be automatically stayed upon notice to the Department by any subject or the county agency that there is a pending criminal proceeding or a dependency or delinquency proceeding under the Juvenile Act, including an appeal thereof, involving the same factual circumstances.

Cross References

   This section cited in 55 Pa. Code §  3490.143 (relating to definitions).

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