§ 1206.1The counsel for the county board of elections shall be in constant attendance at the office of the board on the day of each primary and election from 7 o'clock A.M. until 12 o'clock noon, and from 2 o'clock P.M. until 5:30 o'clock P.M., and from 7 o'clock P.M. until 10 o'clock P.M., and shall, upon request, instruct election officers, overseers, watchers, and electors as to their rights and duties in election matters. (1206.1 added June 19, 1939, P.L.449, No.255) Section 1206.2. Title III Complaints

The Department of
State shall establish within the Bureau of Commissions,
Elections and Legislation a procedure for the review of
complaints regarding the administration of Title III of the
Help America Vote Act of 2002 (Public Law 107-252, 42 U.S.C. §
15301 et seq.). The Department of State shall provide a
complaint form which shall require the signature of the
complainant, an affidavit and notarization and the attachment
of any supporting documentation.
   (b) Where a complaint pertains to a local or county employe
or official, the following procedure shall apply:
   (1) The Department of State shall provide the county board
of elections with a copy of the complaint within three business
days of receipt.
   (2) The county board of elections shall have twenty days
to either reach an agreement with the complainant or file a
written response to the complaint.
   (3) The Department of State shall provide the complainant
with a copy of the response and an opportunity for an informal
hearing.

   (4) Where an informal hearing is requested, the county board
of elections shall be given notice and the opportunity to
participate.
   (5) The Department of State shall issue a final
determination and remedial plan if necessary no later than
ninety days after the filing of the complaint. If the Department
of State fails to issue the determination within ninety days,
it shall provide alternative dispute resolution for the
disposition of the complaint. The alternative process shall be
completed within sixty days of its commencement.
   (c) Where a complaint pertains to the Department of State
the following procedure shall apply:
   (1) The Department of State shall forward the complaint to
the Office of General Counsel within three business days of
receipt.
   (2) The Department of State shall have twenty days to either
reach an agreement with the complainant or file a written
response to the complaint.
   (3) The Office of General Counsel shall provide the
complainant with a copy of the response and an opportunity for
an informal hearing.
   (4) Where an informal hearing is requested, the Department
of State shall be given notice and an opportunity to
participate.
   (5) The Office of General Counsel shall issue a final
determination and remedial plan if necessary no later than
ninety days after the filing of the complaint. If the Office
of General Counsel fails to issue the determination within
ninety days, it shall provide alternative dispute resolution
for the disposition of the complaint. The alternative process
shall be completed within sixty days of its commencement.
   (d) Proceedings under this section shall not be considered
an administrative adjudication under 2 Pa.C.S Chs. 5 Subch. A
(relating to practice and procedure of Commonwealth agencies)
and 7 Subch. A (relating to judicial review of Commonwealth
agency action), known as the Administrative Agency Law.
   (e) A determination made pursuant to subsection (b) shall
not be an agency determination subject to appellate review
pursuant to 42 Pa.C.S. § 763 (relating to direct appeals from
government agencies). Either party may initiate a de novo appeal
from the department's final order in the court of common pleas
of the county where the election board is located.
   (f) A determination made pursuant to subsection (c) shall
be an agency determination subject to appellate review pursuant
to 42 Pa.C.s. § 763.
   (1206.2 added Dec. 9, 2002, P.L.1246, No.150)