Section 15.145. Applicant or employee rights of review

(a) An applicant or employee may review, challenge and appeal the completeness or accuracy of the applicant’s or employee’s criminal history report under 18 Pa.C.S. § § 9125 and 9152—9183 or 28 CFR 16.34 (relating to procedure to obtain change, correction or updating of identification records), or both.

(b) An applicant or employee may challenge the conviction comparison interpretation of the Department involving the Federal criminal history record by filing an appeal with the Department under 1 Pa. Code Chapter 35 (relating to formal proceedings) and Chapter 3 (relating to fair hearings and appeals). Appeals must be postmarked within 30 days from receipt of the Department’s letter and be in writing to the attention of the Secretary of the Department.

The provisions of this § 15.145 adopted May 17, 2002, effective May 18, 2002, 32 Pa.B. 2412.

Notation

Cross References

This section cited in 6 Pa. Code § 15.41 (relating to reports required to be investigated); and 6 Pa. Code § 15.147 (relating to violations).