55 Pa. Code § 3490.106a - Hearings and appeals proceedings for indicated reports received by ChildLine after June 30, 1995
(a) A
perpetrator may appeal the Secretary 's decision to deny the request to expunge
an indicated report by filing an appeal with the Secretary .
(b) The other subjects of the report and the
county agency may appeal the Secretary 's decision to grant the request to
expunge the report.
(c) The request
shall be made to the Secretary and postmarked within 45-calendar days of the
date of the notification letter from the Secretary to either grant or deny the
request to expunge the report.
(d)
If an appeal is taken, there is a hearing 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 mailing 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) An 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.
Notes
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