67 Pa. Code § 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).
Notes
The provisions of this §491.3 issued under the Administrative Agency Law, 2 Pa.C.S. §§ 501-508 and 701-704.
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