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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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