Current through Register Vol. 54, No. 19, May 11, 2024
Section 3490.106 - Hearings and appeals proceedings for reports received by ChildLine prior to July 1, 1995(a) A subject of the report and the appropriate county agency have the right to appeal the Secretary's decision to grant or deny a subject's request to amend or expunge an indicated or founded report by filing an appeal with the Secretary.(b) Appeals shall be in writing to the Secretary and be postmarked within 45-calendar days from the date of the Secretary's notification letter to either grant or deny the request.(c) If a subject or county agency files an appeal under § 3490.105 (relating to request by the subject of a founded or indicated report for expunction or amendment of an abuse report when the report was received by ChildLine prior to July 1, 1995), the subject or county agency has the right to a hearing before the Department's Bureau of Hearings and Appeals.(d) Except as provided in subsection (e), 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 Procedures).(e) 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).(f) The burden of proof in hearings held under this section is on the appropriate county agency.(g) A court finding of fact of child abuse is presumptive evidence that the report was substantiated.(h) Parties to a hearing held under this section have 30-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 appeal the final order to the Commonwealth Court.The provisions of this § 3490.106 adopted December 20, 1985, effective 1/1/1986, 15 Pa.B. 4547; amended July 2, 1999, effective 7/3/1999, 29 Pa.B. 3513.