1550 - Judicial review.

     § 1550.  Judicial review.        (a)  General rule.--Any person who has been denied a driver's     license, whose driver's license has been canceled or whose     operating privilege has been recalled, suspended, revoked or     disqualified by the department shall have the right to appeal to     the court vested with jurisdiction of such appeals by or     pursuant to Title 42 (relating to judiciary and judicial     procedure). The appellant shall serve a copy of the petition for     appeal, together with a copy of the notice of the action from     which the appeal has been taken, upon the department's legal     office.        (b)  Supersedeas.--            (1)  (i)  Except as provided in subparagraphs (ii) and            (iii), filing and service of a petition for appeal from a            suspension or revocation shall operate as a supersedeas            until final determination of the matter by the court            vested with the jurisdiction of such appeals.                (ii)  The filing and service of a petition for appeal            from denial, recall, suspension or cancellation of a            driver's license under section 1503 (relating to persons            ineligible for licensing; license issuance to minors;            junior driver's license), 1504 (relating to classes of            licenses), 1509 (relating to qualifications for school            bus driver endorsement), 1514 (relating to expiration and            renewal of drivers' licenses), 1519 (relating to            determination of incompetency) or 1572 (relating to            cancellation of driver's license) shall not act as a            supersedeas unless ordered by the court after a hearing            attended by the petitioner.                (iii)  Further review by another court shall not            operate as a supersedeas unless a court of competent            jurisdiction determines otherwise.            (2)  In the case of a disqualification of the commercial        operating privilege, the driver may petition to the court of        common pleas of his county of residence, which court may        grant a supersedeas ex parte upon a showing of reasonable        likelihood of successful prosecution of the appeal.        (c)  Proceedings of court.--The court shall set the matter     for hearing upon 60 days' written notice to the department and     determine whether the petitioner's driver's license should be     denied or canceled, the petitioner's operating privilege should     be suspended, revoked or recalled or the petitioner's     endorsement should be removed.        (d)  Documentation.--            (1)  In any proceeding under this section, documents        received by the department from the courts or administrative        bodies of other states or the Federal Government shall be        admissible into evidence to support the department's case. In        addition, the department may treat the received documents as        documents of the department and use any of the methods of        storage permitted under the provisions of 42 Pa.C.S. § 6109        (relating to photographic copies of business and public        records) and may reproduce such documents in accordance with        the provisions of 42 Pa.C.S. § 6103 (relating to proof of        official records). In addition, if the department receives        information from courts or administrative bodies of other        states or the Federal Government by means of electronic        transmission, it may certify that it has received the        information by means of electronic transmission and that        certification shall be prima facie proof of the adjudication        and facts contained in such an electronic transmission.            (2)  In any proceeding under this section, documents        received by the department from any other court or from an        insurance company shall be admissible into evidence to        support the department's case. In addition, if the department        receives information from a court by means of electronic        transmission or from an insurance company which is complying        with its obligation under Subchapter H of Chapter 17        (relating to proof of financial responsibility) by means of        electronic transmission, it may certify that it has received        the information by means of electronic transmission, and that        certification shall be prima facie proof of the adjudication        and facts contained in such an electronic transmission.     (Apr. 28, 1978, P.L.202, No.53, eff. 60 days; May 30, 1990,     P.L.173, No.42, eff. Nov. 1, 1990; June 28, 1993, P.L.137,     No.33, eff. July 1, 1993; July 2, 1993, P.L.408, No.58, eff. 60     days; Feb. 10, 1994, P.L.20, No.3, eff. 60 days; Oct. 7, 1996,     P.L.688, No.118, eff. 60 days; June 25, 1999, P.L.164, No.23,     eff. 180 days)        1999 Amendment.  Act 23 amended subsec. (b)(1)(ii).        1996 Amendment.  Act 118 amended subsecs. (a), (b) and (c).        1994 Amendment.  Act 3 added subsec. (d). The amendment by     Act 3 is identical to the amendments by Acts 33 and 58 of 1993     and therefore the text has been merged. See section 8 of Act 3     in the appendix to this title for special provisions relating to     savings provision.        Cross References.  Section 1550 is referred to in sections     102, 1519, 1551, 1553, 1554, 1786, 3753 of this title; section     4355 of Title 23 (Domestic Relations); section 933 of Title 42     (Judiciary and Judicial Procedure).