Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 53 Pa.B. 7346 (November 25, 2023).

67 Pa. Code § 491.3. Request for hearing.

§ 491.3. Request for hearing.

 (a)  Content. A request for a hearing shall be made in writing and shall contain:

   (1)  A clear and concise statement of the facts of the case, including all essential elements of the claim.

   (2)  A clear and specific list of the legal issues upon which the appeal is based and the desired remedy.

   (3)  A copy of the denial or revocation letter, permit, statutory or regulatory provision or other document which gives rise to the appeal.

   (4)  For the party requesting the hearing, an address where documents and pleadings may be served upon that party.

 (b)  Timeliness of petition for hearing.

   (1)  General rule. Except as otherwise provided in paragraph (2) or by statute or regulation, every request for a hearing shall be filed within 30 days of the Department’s determination which gives rise to the appeal.

 (Editor’s Note: Section 3 of the act of October 27, 2006 (P. L. 1182, No. 122) abrogated §  491.3(b)(2)).

   (2)  Request for credit toward serving driving privilege or vehicle registration suspensions. Every request for a hearing to request credit toward serving a driving privilege or vehicle registration suspension shall be filed on the earlier of the following dates:

     (i)   Thirty days after the mailing date of the Department’s letter denying credit.

     (ii)   Thirty days after the date the person requesting the hearing knew or should have known that the person was not receiving credit.

 (c)  Determination of insufficiency. The Department hearing officer may determine that a request for a hearing is insufficient or improper under the General Rules or this chapter and may direct the docket clerk to mark the matter closed and to return the request, with notice of the deficiency, to the initiating party.

 (d)  Department’s request for clarification of the issues. The Department may request that the Department hearing officer order that the opposing counsel or party more specifically articulate the issues giving rise to the appeal.

 (e)  Supplementation. This section supplements 1 Pa. Code §  35.121 (relating to the initiation of hearing).

Authority

   The provisions of this §  491.3 issued under the Administrative Agency Law, 2 Pa.C.S. § §  501—508 and 701—704.

Source

   The provisions of this §  491.3 adopted December 20, 1991, effective December 21, 1991, 21 Pa.B. 5825; amended July 27, 2001, effective July 28, 2001, 31 Pa.B. 4089. Immediately preceding text appears at serial pages (235394) to (235395).

Cross References

   This section cited in 67 Pa. Code §  457.14 (relating to debarment appeals procedure); and 67 Pa. Code §  491.4 (relating to institution of proceedings).



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