1. (a) A perpetrator may appeal the Secretary’s decision to deny the request to expunge an indicated report by filing an appeal with the Secretary.
2. (b) The other subjects of the report and the county agency may appeal the Secretary’s decision to grant the request to expunge the report.
3. (c) The request shall be made to the Secretary and postmarked within 45-calendar days of the date of the notification letter from the Secretary to either grant or deny the request to expunge the report.
4. (d) If an appeal is taken, there is a hearing before the Department’s Bureau of Hearings and Appeals.
5. (e) Except as provided in subsection (f), 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 Procedure).
6. (f) 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).
7. (g) The burden of proof in hearings held under this section is on the appropriate county agency.
8. (h) Parties to a hearing held under this section have 15-calendar days from the mailing date of the final order of the Bureau of Hearings and Appeals to request the Secretary to reconsider the decision or 30-calendar days to appeal the final order to the Commonwealth Court.
9. (i) An administrative appeal proceeding will be automatically stayed upon notice to the Department by any subject or the county agency that there is a pending criminal proceeding or a dependency or delinquency proceeding under the Juvenile Act including an appeal thereof, involving the same factual circumstances.

Source

The provisions of this § 3490.106a adopted July 2, 1999, effective July 3, 1999, 29 Pa.B. 3513.