55 Pa. Code § 3490.106 - Hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995
(a) A subject of
the report and the appropriate county agency have the right to appeal the
Secretary's decision to grant or deny a subject's request to amend or expunge
an indicated or founded report by filing an appeal with the
Secretary.
(b) Appeals shall be in
writing to the Secretary and be postmarked within 45-calendar days from the
date of the Secretary's notification letter to either grant or deny the
request.
(c) If a subject or county
agency files an appeal under §
3490.105 (relating to request by
the subject of a founded or indicated report for expunction or amendment of an
abuse report when the report was received by ChildLine prior to July 1, 1995),
the subject or county agency has the right to a hearing before the Department's
Bureau of Hearings and Appeals.
(d)
Except as provided in subsection (e), 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 Procedures).
(e) 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).
(f) The burden of proof in hearings held
under this section is on the appropriate county agency.
(g) A court finding of fact of child abuse is
presumptive evidence that the report was substantiated.
(h) Parties to a hearing held under this
section have 30-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
appeal the final order to the Commonwealth Court.
Notes
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