Senate Bill 1046 Printer's Number 1266
PENNSYLVANIA, October 21 - the request under paragraph (2), the violation shall be
subject to dismissal unless the department demonstrates good
cause for the delay. The burden of proof shall rest with the
department to demonstrate good cause.
(3) The hearing shall be informal and the rules of
evidence shall not apply. The decision of the department's
hearing officer shall be made within 45 days from the hearing
date and shall be final, subject to the right of the owner of
the motor vehicle to appeal the decision under paragraph (4).
(3.1) The school entity, in coordination with the system
administrator, if applicable, may enter into an agreement to
designate a person to represent the school entity, or the
system administrator on the school entity's behalf, to
administer the hearing to contest liability under this
subsection.
(4) If, within 45 days of issuance of the decision of
the department's hearing officer, the owner of the motor
vehicle requests in writing an appeal of the decision of the
department's hearing officer, the owner shall file the notice
of violation and supporting documents with the office of the
magisterial district judge for the magisterial district where
the violation occurred. A magisterial district judge shall
hear and decide the matter de novo and shall be restricted to
finding an owner liable or not liable for violating this
section and shall not assign damages to an owner or otherwise
impose penalties on primary police departments, police
officers, school entities, system administrators or other
persons involved in the appeal process, except as otherwise
provided under 42 Pa.C.S. § 1726 (relating to establishment
of taxable costs), which may only be assessed to the school
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