Authority
The provisions of this Chapter 491 issued under the Administrative Agency Law (71 P. S. § 1710.35) (Reserved), unless otherwise noted.
Source
The provisions of this Chapter 491 adopted July 25, 1975, effective July 26, 1975, 5 Pa.B. 1922, unless otherwise noted.
Notes of Decisions
Exhaustion
Petitioner’s action for declaratory judgment and injunctive relief, in which he asserts his operating privileges were restored by operation of law, should be dismissed for failure to exhaust his administrative remedies. Meade v. Department of Transportation, 813 A.2d 937 (Pa. Cmwlth. 2002).
Waiver
It would be anomalous to conclude that a party, having ‘‘waived . . . all objections to the proposed report,’’ under this regulation, and, indeed, ‘‘irrevocably waived objections,’’ 67 Pa. Code Chapter 491, may bypass review by the Secretary of Transportation, thereby preventing the Department of Transportation from correcting any potential errors, and subsequently revive its objections on appeal to the Commonwealth Court. To the contrary, the waiver rule and the applicable regulations compel the conclusion that plaintiff waived the argument which plaintiff sought to make on the merits of the hearing officer’s decision because plaintiff failed to file exceptions within the 30-day period and presented no indication of due cause for the delay. Niles v. Department of Transportation, 674 A.2d 739 (Pa. Cmwlth. 1995).
Cross References
This chapter cited in 67 Pa. Code § 94.11 (relating to suspension or revocation of certification); 67 Pa. Code § 177.691 (relating to Registration Recall Committee); 67 Pa. Code § 179.8 (relating to permit application procedure); 67 Pa. Code § 178.691 (relating to Registration Recall Committee); 67 Pa. Code § 231.8 (relating to additions or modifications to 49 CFR); 67 Pa. Code § 457.14 (relating to debarment appeals procedure); and 67 Pa. Code § 476.52 (relating to appeal).
