hearing officer shall be made within 45 days from the hearing
date and shall be final, subject to the right of the owner of
the motor vehicle to appeal the decision under paragraph (4).
(3.1) The school entity, in coordination with the system
administrator, if applicable, may enter into an agreement to
designate a person to represent the school entity, or the
system administrator on the school entity ' s behalf, to
administer the hearing to contest liability under this
subsection.
(4) If, within 45 days of issuance of the decision of
the department ' s hearing officer, the owner of the motor
vehicle requests in writing an appeal of the decision of the
department ' s hearing officer, the school entity, or the
system administrator on the school entity's behalf, shall
file the notice of violation and supporting documents with
the office of the magisterial district judge for the
magisterial district where the violation occurred. A
magisterial district judge shall hear and decide the matter
de novo and shall be restricted to finding an owner liable or
not liable for violating this section and shall not assign
damages to an owner or otherwise impose penalties on primary
police departments, police officers, school entities, system
administrators or other persons involved in the appeal
process.
(5) The school entity, or system administrator on the
school entity's behalf, shall reimburse the department for
the actual cost of the hearing officer designated under
paragraph (2).
(j) Department approval.--
(1) No side stop signal arm enforcement system may be
used without the approval of the department, which shall have
the authority to promulgate regulations for the certification
and use of such systems.
(2) Any system installed prior to the effective date of
this paragraph shall obtain department approval within six
months of the effective date of the temporary regulations
promulgated under paragraph (3).
(3) In order to facilitate the prompt implementation of
this section, regulations promulgated by the department under
this section during the [two] three years following the
effective date of this section shall be deemed temporary
regulations, which shall expire [no later than five years
following the effective date of this section or] upon the
prompt promulgation of final regulations. The temporary
regulations shall not be subject to:
(i) Sections 201, 202, 203, 204 and 205 of the act
of July 31, 1968 (P.L.769, No.240), referred to as the
Commonwealth Documents Law.
(ii) The act of June 25, 1982 (P.L.633, No.181),
known as the Regulatory Review Act.
(iii) Section 204(b) of the act of October 15, 1980
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