Current through Register Vol. 54, No. 42, October 19, 2024
Section 491.4 - Institution of proceedings(a)Approval and docketing. Upon approval, under § 491.3(b) (relating to request for hearing), of a written request for a hearing, or upon receipt of a written request from the Department for an order to show cause under § 491.9 (relating to order to show cause), the docket clerk will assign the matter a caption, including a docket number, and will enter the matter into the docket.(b)Caption and docket number. The caption and docket number shall appear on all correspondence, pleadings, briefs or other papers relating to the case.(c)Docket clerks as office of the agency/timely filings. For purposes of activities and proceedings before the Department in matters under 2 Pa.C.S. §§ 501-508 and 701-704 (relating to the Administrative Agency Law) which are not vested in other bodies by law, the Administrative Docket Clerk and the Driver Licensing Docket Clerk are designated as the office of the agency. As the office of the agency, all correspondence, pleadings, briefs, orders and other papers relating to the case shall be filed with the Administrative Docket Clerk or the Driver Licensing Docket Clerk. The date of receipt at the office of the agency and not the date of deposit in the mails shall determine time of filing.(d)Address for filing. Correspondence, pleadings, briefs, orders or other papers relating to the case shall be filed with the appropriate docket clerk at the following address: (1) Secretary of Transportation, Driver Licensing Docket Clerk, 1101 South Front Street, 3rd Floor, Harrisburg, Pennsylvania 17104-2516 (or other address that may be designated by the Department) for matters involving: (i) Appeals from the Department's denial or recall of an occupational limited license.(ii) Appeals from the Department's cancellation, denial or recall of a probationary license.(iii) Requests for record review under 75 Pa.C.S. § 1516 (relating to Department records).(iv) Hearings to request credit toward serving driving privilege or vehicle registration suspensions.(2) Secretary of Transportation, Administrative Docket Clerk, c/o Office of Chief Counsel, Commonwealth Keystone Building, 400 North Street, 9th floor, Harrisburg, Pennsylvania 17120-0096 (or other address that may be specified by the Department), for all matters not specified in paragraph (1), including but not limited to: (i) Minimum use driveway permits.(ii) Low, medium and high volume driveway permits.(iii) School bus/hazardous walking routes.(iv) Overweight or oversize truck hauling permits.(v) Private airport permits.(vi) Public airport permits.(vii) Outdoor advertising sign permits.(viii) Prequalification, suspension or debarment.(ix) Personnel salary claims.(x) Municipal reimbursements.(xi) 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.(xii) Matters pertaining to reasonable access for tractor-trailer vehicle combinations.(xiii) Miscellaneous matters (including petitions to intervene).(e)Supplementation. This section supplements 1 Pa. Code §35.121 (relating to the initiation of hearings).The provisions of this §491.4 adopted December 20, 1991, effective 12/21/1991, 21 Pa.B. 5825; amended July 27, 2001, effective 7/28/2001, 31 Pa.B. 4089.The provisions of this §491.4 issued under the Administrative Agency Law, 2 Pa.C.S. §§ 501-508 and 701-704.
This section cited in 67 Pa. Code § 491.5 (relating to filing fee).