Driver’s License Administrative Hearings with PennDOT are held for the following reasons:
- To request credit toward serving a driving privilege suspension, revocation or disqualification
- To request a record review for the purposes of updating your driving record;
- To request credit toward serving the Department’s ordering of the ignition interlock requirement
- To appeal the Department’s denial or recall of an Occupational Limited License (OLL)
- To appeal the Department’s denial or recall of an Ignition Interlock Limited license (IILL)
- To appeal the Department’s denial, recall or cancellation of a Probationary License (PL)
You have the right to appeal the Department determination within 30 days of the date of the Department’s notice or letter giving rise to the appeal, except in cases of credit which may be appealed at anytime. According to the Department Rules of Administrative Practice and Procedure at 67 Pa. Code Chapter 491, the appeal must contain the following:
- A clear and concise statement of the facts of the case, including all essential elements of the claim.
- A clear and specific list of the legal issues upon which the appeal is based and the desired remedy.
- A copy of the denial letter, statutory or regulatory provision or other documents which gives rise to the appeal.
- For the party requesting the hearing, an address where documents and pleadings may be served.\
- An address and daytime telephone number where the petitioner may be reached. If the petitioner obtains counsel, the counsel’s appearance must be entered with PennDOT’s Driver Licensing Docket Clerk at least 14 days prior to the Hearing.
It is important to note there are a number of reasons Administrative Hearings are NOT held:
- To determine the validity of a suspension/revocation action
- To make a correction or adjustment to a driving record
- To reduce a suspension or revocation period
- To dispute the Department’s ordering of the ignition interlock requirement
A few tips prior to requesting your Administrative Hearing;
- Gather all records and facts in a clear and concise manner. Neither the hearing officer nor the PennDOT employee will guide you through all the facts and details you must prove to have your request granted.
- Remember – personal hardships like “unable to get to work” or “take care of family” will not be considered.
- It can take some time to get an Administrative Hearing scheduled. PennDOT is currently running greater than 30 days.
A request for a hearing must be made in writing, sent via US Mail to Secretary of Transportation, Driver Licensing Docket Clerk, 1101 South Front Street, 3rd Floor, Harrisburg, PA 17104-2516. your request must contain the following:
- The petitioner’s name
- The driver’s license number, non-driver or identification number (if known)
- Date of birth
- Current mailing address
- Phone number
- Signature of the petitioner or the petitioner’s counsel
- $100 non-refundable filing fee (check or money order only, made payable to the Commonwealth of Pennsylvania
Petitions that do not meet the above requirements may be rejected. License Restoration Services Inc. can help you with your petition. Our investigation will determine if a Departmental Hearing is the proper course of action or if there are enough facts to justify these actions based on years of experience and success with PennDOT petitions. Contact Us Here for more information.
IMPORTANT TO NOTE: Before you petition the Department for an Administrative Hearing be aware of the following:
- Not driving is not considered an acknowledgment of a suspension for credit purposes
- Surrendering your Pennsylvania driver’s license to another state is not considered an acknowledgment of your suspension for credit purposes
- A Pennsylvania driver’s license seized by an out-of-state police officer is not considered an acknowledgment of suspension for credit purposes
- Hardship or extenuating circumstances is not a factor in determining eligibility for an OLL/PL
- The $100.00 filing fee is non-refundable
HEARING LOCATION: All driver license administrative hearings are held in Harrisburg. Hearings cannot be conducted in absentia….however, in our experience, if we have a strong argument, prepared properly, we often have PennDOT grant our petition without a hearing and without the need to appear in Harrisburg.
HEARING FORMAT: At the direction of the Hearing Officer, the Petitioner will testify under oath, present evidence and witness(es), and answer questions asked by the Bureau of Driver Licensing counsel or representative. The Bureau of Driver Licensing counsel or representative will present evidence and witness(es), and the Petitioner or his or her counsel may then ask questions to the Bureau and its witness(es). The petitioner is not required to be represented by an attorney.
PROPOSED REPORT AND FINAL ORDER: Following the hearing, the Hearing Officer will issue a Proposed Report containing the proposed findings of facts, a discussion of the applicable law and relevant evidence of record, conclusions of law and an order. Each party (the driver and the Department) will have 30 days from the mail date of the Proposed Report to file Exceptions to the report pursuant to 67 Pa. Code Section 491.12. The date of receipt by the Driver Licensing Docket Clerk determines the timeliness of the document. If no timely Exceptions are received, the proposed report becomes final.
REGULATIONS: For more information regarding administrative hearings, please see 67 Pa. Code 491.1 et seq. or
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