55 Pa. Code § 3490.192 - Request for a hearing by 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.
Notes
This section cited in 55 Pa. Code § 3490.143 (relating to definitions).
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