Pennsylvania Act 2006-122 — TRANSPORTATION (74 PA.C.S.) AND VEHICLES (75 PA.C.S.) - REVOCATION OR SUSPENSION OF OPERATING PRIVILEGE

Act text

TRANSPORTATION (74 PA.C.S.) AND VEHICLES (75 PA.C.S.) - REVOCATION OR
                    SUSPENSION OF OPERATING PRIVILEGE
                 Act of Oct. 27, 2006, P.L. 1182, No. 122             Cl. 74
                             Session of 2006
                               No. 2006-122

     HB 1285

                                  AN ACT

     Amending Titles 74 (Transportation) and 75 (Vehicles) of the
        Pennsylvania Consolidated Statutes, providing for
        administrative practice and procedure; further providing for
        period of revocation or suspension of operating privilege;
        and abrogating a regulation.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Title 74 of the Pennsylvania Consolidated
     Statutes is amended by adding a part to read:
                                  PART I
                          PRELIMINARY PROVISIONS
     Chapter
        1.  Preliminary Provisions (Reserved)
        3.  Administrative Practice and Procedure
                                CHAPTER 1
                          PRELIMINARY PROVISIONS
                                (Reserved)
                                CHAPTER 3
                  ADMINISTRATIVE PRACTICE AND PROCEDURE
     Sec.
     301.  Definitions.
     302.  Use of hearing officers.
      § 301.  Definitions.
        The following words and phrases when used in this chapter
     shall have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Department."  The Department of Transportation of the
     Commonwealth.
      § 302.  Use of hearing officers.
        (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).
        Section 2.  Section 1541 of Title 75 is amended by adding a
     subsection to read:
      § 1541.  Period of disqualification, revocation or suspension
                of operating privilege.
        * * *
        (e)  Request for hearing.--A person whose operating privilege
     has been suspended or revoked may request at any time during the
     suspension or revocation, and the department shall provide, a
     hearing if the person believes that credit toward the person's
     suspension or revocation has not been given by the department
     under section 1540. The department shall issue its final ruling
     within 60 days following the hearing or the submission of any
     posthearing filings.
        Section 3.  The provisions of 67 Pa. Code § 491.3(b)(2) are
     abrogated.
        Section 4.  This act shall take effect in 60 days.

     APPROVED--The 27th day of October, A. D. 2006.

     EDWARD G. RENDELL