§302. Use of hearing officers.  


Latest version.
  • (a) General rule.--The department may not utilize the services of employees of the department as hearing officers with respect to the following activities and proceedings of the department:

    (1) Appeals from the department's denial or recall of an occupational limited license.

    (2) Appeals from the department's cancellation, denial or recall of a probationary license.

    (3) Requests for record review under 75 Pa.C.S. § 1516 (relating to department records).

    (4) Hearings to request credit toward serving driving privilege or vehicle registration suspensions.

    (5) Appeals from the department's refusal to issue a certificate of title for reasons other than failure to pay a required fee or tax in connection with or resulting from the acquisition or use of a vehicle.

    (6) Any other matter as determined by the department by regulation.

    (b) Scope of authority.--A hearing officer utilized by the department for the proceedings described under subsection (a) shall be vested with the same authority and duties as a department hearing officer under the provisions of 67 Pa. Code Ch. 491 (relating to administrative practice and procedure).

    (c) Appeals.--An adjudication by a hearing officer utilized by the department under subsection (a) shall be appealable in accordance with 67 Pa. Code § 491.12 (relating to exceptions).