(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). nder 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).
Pennsylvania Legal Code