PROPOSED RULEMAKING
PHILADELPHIA
PARKING AUTHORITY
[ 52 PA. CODE CHS. 1001, 1003, 1005, 1011, 1013, 1015, 1017, 1019, 1021, 1023, 1025, 1027, 1029, 1051, 1053, 1055, 1057, 1059, 1061, 1063 AND 1065 ]
[ PRM-10-001 ]
Philadelphia Taxicab and Limousine Regulations
[41 Pa.B. 435]
[Saturday, January 15, 2011]The Philadelphia Parking Authority (Authority), on November 22, 2010, adopted a proposed rulemaking order which establishes a body of regulations applicable to Philadelphia taxicabs and limousine service providers. This proposed rulemaking was necessitated by the Commonwealth Court's determination in Germantown Cab Co. v. Philadelphia Parking Authority, 993 A.2d 933 (2010), that the Authority's existing local regulations are invalid because they were not promulgated under the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1102 and 1201— 1208), known as the Commonwealth Documents Law. The matter is on appeal to the Supreme Court, but the Authority will proceed with this proposed rulemaking in an abundance of caution.
Philadelphia Taxicab and Limousine Regulations;
Doc. No. PRM-10-001
Proposed Rulemaking Order By the Authority:
In accordance with of the act of July 16, 2004 (P. L. 758, No. 94), as amended, 53 Pa.C.S. §§ 5701 et seq., (the ''Act''),1 the Authority formally commences its rulemaking process to promulgate the entire body of regulations for taxicab and limousine service providers in Philadelphia. The Authority seeks comments from all interested parties on these proposed regulations, which are found at Annex A to this Order.
A. Background and Procedural History
Pursuant to Section 23 of the Act, the Authority initiated regulatory oversight of taxicab and limousine service providers in Philadelphia on April 10, 2005. That regulatory oversight was guided by regulations promulgated by the Authority as a local agency. Because the Authority had been determined to be a local agency from the time of its inception through April 10, 2010, and beyond, the Authority's regulations were implemented without publication or review in the form required by the act of June 25, 1982 (P. L. 633, No. 181), known as the Regulatory Review Act, and Sections 201 through 208 of the act of July 31, 1968 (P. L. 769, No 240), referred to as the Commonwealth Documents Law, although the regulations were subject to public comment and Sunshine Act2 review.
In February of 2009 the Pennsylvania Supreme Court overruled the Pennsylvania Commonwealth Court to determine that the Authority was a Commonwealth agency for purposes of judicial jurisdiction, but only when it acted in its capacity as a regulator of taxicab and limousine services in Philadelphia.3 In April 2010, the Commonwealth Court determined that the Authority's taxicab and limousine regulations were invalid because they were not promulgated in accordance with the Commonwealth Documents Law.4 While the validity of the Authority's existing local agency regulations remains under appeal to the Pennsylvania Supreme Court,5 the Authority moves to promulgate the regulations found at Annex A in an abundance of caution.
Discussion The proposed regulations found in Annex A have been drafted to be placed in Part II of Title 52 of the Pennsylvania Code. Part I of that title relates to the Pennsylvania Public Utility Commission (the ''PUC''). Certain portions of the proposed regulations are modeled on the practices and procedures of the PUC, but few are identical due to the more narrow scope of the Authority's jurisdiction as a regulator of public utilities engaged in taxicab and limousine services in Philadelphia.
The proposed regulations are organized as follows:
Subpart A. General Provisions.
Subpart B. Taxicabs.
Subpart C. Limousines.While there are many similarities in the services provided by taxicabs and limousines, the Authority has divided its proposed regulations as previously provided in order to assist regulated parties with their search for sections applicable to their specific area of service. The proposed regulations also incorporate many of the requirements of the Authority's current local regulations and previously issued orders. Standards, requirements and procedures have been modified to address concerns of regulated parties and the general public.
Conclusion The Authority, therefore, formally commences its rulemaking process to promulgate regulations in 52 Pa. Code Part II consistent with Annex A to this Order. The Authority seeks comments from all interested parties on this proposed body of regulations, which are found at Annex A to this Order. The Authority hereby advises that all comments submitted in response to this Order will be posted, without redaction of name, address, or other personal information or comment provided, on the web site of the Independent Regulatory Review Commission, which may be reached at (717) 783-5417.
Accordingly, under 53 Pa.C.S. §§ 5505(d)(17), (23) and (24), 5722 and 5742, sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202), known as the Commonwealth Documents Law, and the regulations promulgated thereunder in 1 Pa. Code §§ 7.1, 7.2 and 7.5, section 204(b) of the Commonwealth Attorneys Act (71 P. S. § 732.204(b)) and section 745.5 of the Regulatory Review Act (71 P. S. § 745.5), we are considering adopting the proposed regulations set forth in Annex A.6
Therefore,
It Is Ordered That:
1. A proposed rulemaking be opened to consider the regulations set forth in Annex A.
2. The Executive Director shall submit this proposed rulemaking order and Annex A to the Office of Attorney General for review as to form and legality.
3. The Executive Director shall submit this proposed rulemaking order and Annex A for review and comments to the Independent Regulatory Review Commission and the legislative standing committees.
4. The Secretary shall certify this proposed rulemaking order and Annex A and that the Executive Director shall deposit them with the Legislative Reference Bureau to be published in the Pennsylvania Bulletin.
5. An original and 15 copies of any written comments referencing the docket number of the proposed regulations be submitted within 30 days of publication in the Pennsylvania Bulletin to the Philadelphia Parking Authority, Attn: General Counsel, 3101 Market Street, 2nd Floor, Philadelphia, PA 19104.
6. A copy of this proposed rulemaking order and Annex A shall be served on the City of the First Class Taxicab and Limousine Advisory Committee and a copy shall be posted on the Authority's web site at www.philapark.org/tld.
7. The contact persons for this proposed rulemaking are James R. Ney, Director, Taxicab and Limousine Division, (215) 683-9417; and Dennis G. Weldon, Jr., General Counsel, (215) 683-9630.
VINCENT J. FENERTY, Jr.,
Executive Director
Annex A
TITLE 52. PUBLIC UTILITIES
PART II. PHILADELPHIA PARKING AUTHORITY Subpart
A. GENERAL PROVISIONS B. TAXICABS C. LIMOUSINES
Subpart A. GENERAL PROVISIONS Chap.
1001. RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE 1003. SPECIAL PROVISIONS 1005. FORMAL PROCEEDINGS
CHAPTER 1001. RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE Subchap.
A. GENERAL PROVISIONS B. TIME C. REPRESENTATION BEFORE THE AUTHORITY D. DOCUMENTARY FILINGS E. FEES F. SERVICE OF DOCUMENTS G. PENALTY H. MATTERS BEFORE OTHER TRIBUNALS I. AMENDMENTS OR WITHDRAWALS OF SUBMITTALS J. DOCKET K. WAIVER OF RULES L. UNOFFICIAL STATEMENTS, OPINIONS AND NOTICE
Subchapter A. GENERAL PROVISIONS Sec.
1001.1. Purpose. 1001.2. Scope of subpart and severability. 1001.3. Liberal construction. 1001.4. Information and special instructions. 1001.5. Office of the Clerk. 1001.6. Filing generally. 1001.7. Amendment to rules. 1001.8. Authority office hours and address. 1001.9. Sessions of the Authority. 1001.10. Definitions. § 1001.1. Purpose.
(a) The purpose of this part is to facilitate the implementation of the act.
(b) Except as provided in subsection (c), certificate holders, brokers, taxicab drivers, limousine drivers, and other persons with current and valid rights issued by the Authority on ______ , (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) shall maintain those rights through the Authority consistent with this part and the act.
(c) Rights issued by the Authority through issuance of a waiver prior to ______ , (Editor's Note: The blank refers to the effective date of adoption of this proposed rulemaking.) will expire ______ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposed rulemaking.).
§ 1001.2. Scope of subpart and severability.
(a) This subpart governs practice and procedure before the Authority, and is intended to supplement 2 Pa.C.S. (relating to administrative law and procedure) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).
(b) The provisions of every section, subsection or other division of this part are severable. If any provision of any section, subsection or other division of this part or the application thereof to any person or circumstance is held invalid, the remainder of the section, subsection or other division, and the application of that provision to other persons or circumstances, will not be affected thereby, unless a court finds that the valid provisions of the section, subsection or other division are so essentially and inseparably connected with, and so depend upon, the void provision or application, that it cannot be presumed the Authority would have promulgated the remaining valid provisions without the void one; or unless the court finds that the remaining valid provisions, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent.
§ 1001.3. Liberal construction.
(a) This subpart shall be liberally construed to secure the just, speedy and efficient determination of every action, proceeding or issue presented to which it is applicable. The Authority or presiding officer at any stage of an action or proceeding may disregard an error or defect of procedure which does not affect the substantive rights of the parties.
(b) The singular includes the plural, and the plural, the singular. Words used in the masculine gender include the feminine and neuter. Words used in the past or present tense include the future.
(c) The Authority or presiding officer at any stage of an action or proceeding may waive a requirement of this subpart when necessary or appropriate, if the waiver does not adversely affect a substantive right of a party.
(d) These liberal construction provisions apply with particularity in proceedings involving pro se litigants.
(e) Subsection (a) supersedes 1 Pa. Code § 31.2 (relating to liberal construction).
§ 1001.4. Information and special instructions.
(a) Information as to procedures under this subpart, and instructions supplementing this subpart in special instances can be obtained, upon application to:
Clerk
Office of the Clerk
Philadelphia Parking Authority
Taxicab and Limousine Division
2415 South Swanson Street
Philadelphia, PA 19148(b) Subsection (a) is identical to 1 Pa. Code § 31.4 (relating to information and special instructions).
§ 1001.5. Office of the Clerk.
(a) The Clerk will have the following duties:
(1) Receive and docket pleadings and other documents required by this part to be filed with the Clerk.
(2) Receive and process any document to be filed with the Authority when a specific Authority office to receive the document has not otherwise been designated by the act, this part or an order of the Authority.
(b) Filings and requests for practice and procedure information should be directed to:
Clerk
Office of the Clerk
Philadelphia Parking Authority
Taxicab and Limousine Division
2415 South Swanson Street
Philadelphia, PA 19148(c) The Clerk will maintain a docket of proceedings. Each proceeding as initiated will be assigned a docket number. The docket will be available for inspection and copying by the public during the Authority's office hours.
§ 1001.6. Filing generally.
(a) Pleadings and other documents required to be filed with the Authority must clearly designate the docket number or similar identifying symbols, if any, employed by the Authority, and set forth a short title. The identity of the individual making the submission, including name, mailing address and status (for example, party or attorney for a party) must appear on the document.
(b) Pleadings, including documents filed under this subpart, must also comply with Subchapter D (relating to documentary filings).
(c) If a pleading tendered for filing does not comply with this subpart, does not sufficiently set forth required material or is otherwise insufficient, the Authority may decline to accept it for filing and may return it without filing, or the Authority may accept it for filing and advise the person tendering it of the deficiency and require that the deficiency be corrected.
(d) The Authority may require redundant, immaterial, obscene or otherwise inappropriate comments stricken from documents filed with it.
(e) Subsections (a)—(d) supersede 1 Pa. Code § 31.5 (relating to communications and filings generally).
§ 1001.7. Amendment to rules.
(a) Persons may file a petition as provided in § 1005.23 (relating to petitions for issuance, amendment, repeal, or waiver of Authority regulations) requesting a general and permanent change in this subpart.
(b) Subsection (a) supersedes 1 Pa. Code § 31.6 (relating to amendments to rules).
§ 1001.8. Authority office hours and address.
Unless otherwise directed by the Executive Director of the Authority, the Authority offices will be open from 8:30 a.m. until 4:30 p.m. on business days except Saturdays, Sundays and legal holidays. Certain offices of the Authority may be open on Saturdays by appointment. The appropriate address for service of any Authority employee or officer may be obtained on the Authority's web site at www.philapark.org/tld.
§ 1001.9. Sessions of the Authority.
Public meetings of the Authority ordinarily will be held in its offices at 3101 Market Street, 2nd Floor, Philadelphia, PA. Schedules for public meetings can be obtained from the General Counsel.
§ 1001.10. Definitions.
(a) Subject to additional definitions contained in subparts which are applicable to specific chapters or subchapters, the following words and terms, when used in this part, have the following meanings, unless the context clearly indicates otherwise:
Act—53 Pa.C.S. Chapters 55 and 57 (relating to parking authorities; and taxicabs and limousines in first class cities).
Adjudication—An order, decree, decision, determination or ruling by the Authority affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of the parties to the proceeding in which the adjudication is made.
Applicant—A person, who on his own behalf or on behalf of another, is applying for permission to engage in an act or activity which is regulated under the act or this part. In cases in which the applicant is a person other than an individual, the Authority will determine the associated persons whose qualifications are necessary as a precondition to the approval of the application.
Adversarial proceeding—A proceeding initiated by a person to seek Authority approvals, tariff changes, enforcement, remedies, issuance of fines or other relief by order of the Authority which is contested by one or more other persons and which will be decided on the basis of a formal record.
Approved, approval or approve—The date that an application to the Authority is granted regardless of the pendency of administrative or judicial appeals or other legal action challenging the decision of the Authority.
Authority—The Philadelphia Parking Authority.
Authorized agent—A person with permission to legally act on behalf of the filing user.
Board—A quorum of the members of the Philadelphia Parking Authority appointed under 53 Pa.C.S. § 5508.1 (relating to special provisions in cities of the first class).
Broker—An individual authorized by the Authority as provided in § 1029.8 (relating to broker registration approval) to prepare application related documents, appear at settlements, and otherwise act on behalf of a party as to matters related to the sale or transfer of a certificate or medallion.
Certificate—A certificate of public convenience issued by the Authority under the act. The term does not include a driver's certificate or broker registration.
Certificate holder—The person to whom a certificate is issued.
City of Philadelphia or Philadelphia—A city of the first class in the Commonwealth.
Clerk—The Authority employee with whom pleadings and other documents are filed, and with whom official records are kept under § 1001.5 (relating to office of the Clerk) and as otherwise provided for in this part.
Compensation—A thing of value, money or a financial benefit conferred on or received by a person in return for services rendered, or to be rendered, whether by that person or another.
Contested complaint—A formal complaint.
Criminal history report—The report issued by the State Police, or similar government entity in a jurisdiction outside this Commonwealth, which will identify any convictions associated with an individual.
Director—The Director of the Authority's Taxicab and Limousine Division as provided in § 1003.72 (relating to TLD staffing generally).
Electronic mail or email—A means of dispatching or receiving notice or a submittal in relation to an Authority matter through electronic means.
Enforcement proceeding—A proceeding initiated by the Authority through the issuance of a formal complaint averring any violation of the act, this part or an order of the Authority.
Executive Director—The Authority's chief operating officer.
Ex parte communication—
(i) Any off-the-record communications regarding a pending matter before the Authority or which may reasonably be expected to come before the Board in a contested on-the-record proceeding.
(ii) The term does not include off-the-record communications by and between members, staff and employees of the Authority, the PUC, the State Police, the Attorney General or other law enforcement officials necessary for their official duties under this part.
Fiscal year—The period which commences on July 1 and terminates the following June 30.
Formal complaint—A written document filed with the Clerk initiating an enforcement action as provided in Chapter 5 (relating to formal proceedings).
Formal investigation—A matter initiated by the Authority or Authority staff that results in a formal record.
Formal proceeding—A matter intended to produce a formal record.
Formal record—The pleadings and submittals in a matter or proceeding, a notice or Authority order initiating the matter or proceeding, and if a hearing is held, the following: the designation of the presiding officer, transcript of hearing, exhibits received in evidence, offers of proof, motions, stipulations, subpoenas, proofs of service, references to the Authority and determinations made by the Authority thereon, certifications to the Authority, and anything else upon which action of the presiding officer or the Authority may be based.
Friendly cross-examination—Cross-examination of a witness by a party who does not disagree with the witness' position on an issue.
General Counsel—The chief legal counsel to the Authority.
Hearing officer—A presiding officer.
Individual—A natural person.
Informal complaint—A document or communication to the Authority seeking action on a matter as provided in § 1003.41 (relating to form and content of informal complaints).
Informal investigation—A matter initiated by the Authority staff that may result in a formal complaint, a settlement or other resolution of the matter or termination by letter.
Informal proceeding—A matter not intended to produce a formal record.
Nonadversarial proceeding—A proceeding initiated by a person which is not contested or a proceeding initiated by the Authority or at the request of a person to develop regulations, policies, procedures, technical rules or interpretations of law.
Notarial officer—An officer authorized under 1 Pa. Code § 35.148 (relating to officer before whom deposition is taken) and a presiding officer.
PUC—The Pennsylvania Public Utility Commission.
Party—
(i) A person who appears in a proceeding before the Authority, including interveners, protestants, petitioners, respondents and certificate holders.
(ii) The term includes the interests of the Authority which may be represented by the Enforcement Department, the TLD, other Authority staff or Trial Counsel, or all of them.
Person—Except as otherwise provided in this part or in the act, a natural person, corporation, foundation, organization, business trust, estate, limited liability company, licensed corporation, trust, partnership, limited liability partnership, association, representatives, receivers, agencies, governmental entities, municipalities or other political subdivisions or other form of legal business entity.
Petitioners—Persons seeking relief, not otherwise designated in this section.
Pleading—An application, complaint, petition, answer, motion, preliminary objection, protest, reply, new matter and reply to new matter or other similar document filed in a formal proceeding.
Presiding officer—
(i) A member or members of the Authority's Board, or other person designated by the Authority or this part to conduct proceedings.
(ii) This definition supersedes 1 Pa. Code § 31.3 (relating to definitions).
Proof of service—A certificate of service which complies with §§ 1001.55 and 1001.56 (relating to proof of service; and form of certificate of service).
Protestants—Persons objecting on the ground of private or public interest to the approval of an application or other matter which the Authority may have under consideration.
Recommended decision—An opinion and order submitted for the approval of the Authority by the presiding officer.
Respondents—Persons subject to a statute or other delegated authority administered by the Authority, who are required to respond to an order or notice issued by the Authority instituting a proceeding or investigation on its own initiative or otherwise.
Staff—Employees or agents of the Authority assigned to implement the act, this part or an order of the Authority.
Submittal—An application, amendment, exhibit or similar document involving matters filed in an adversarial or nonadversarial proceeding.
TLD—Taxicab and Limousine Division—The division of the Authority comprised of staff assigned to implement the purposes of the act, this part and the orders of the Authority.
TLD Headquarters—The office of the TLD identified on the Authority's web site at www.philapark.org/tld. Unless specifically provided otherwise, communications with any Authority staff member shall be directed to TLD Headquarters.
Trial counsel—An attorney admitted to practice law before the Supreme Court of Pennsylvania who is assigned to the Office of Trial Counsel to prosecute complaints on behalf of the Authority as provided in § 1003.75 (relating to Office of Trial Counsel).
Verification—When used in reference to a written statement of fact by the signer, the term means supported by one of the following:
(i) An oath or affirmation before an officer authorized by law to administer oaths, or before a particular officer or individual designated by law as one before whom it may be taken, and officially certified to in the case of an officer under seal of office.
(ii) An unsworn statement made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
(b) Subsection (a) supersedes 1 Pa. Code § 31.3.
Subchapter B. TIME Sec.
1001.11. Date of filing. 1001.12. Computation of time. 1001.13. Issuance of Authority orders. 1001.14. Effective dates of Authority orders. 1001.15. Extensions of time and continuances. 1001.16. Issuance of decisions by presiding officers. § 1001.11. Date of filing.
(a) Whenever a pleading, submittal or other document is required or permitted to be filed under this part or by statute, it will be deemed to be filed on the date actually received with the Clerk, or other office as specifically designated by the Authority.
(b) Subsection (a) supersedes 1 Pa. Code § 31.11 (relating to timely filing required).
§ 1001.12. Computation of time.
(a) Except as otherwise provided by statute, in computing a period of time prescribed or allowed by this part or by statute, the day of the act, event or default after which the designated period of time begins to run is not included. The last day of the period is included, unless it is Saturday, Sunday or a legal holiday in this Commonwealth, in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or holiday. A part-day holiday shall be considered as a holiday. Intermediate Saturdays, Sundays and legal holidays shall be included in the computation.
(b) Except as otherwise provided by statute, in computing a period of time prescribed or allowed by this part or by statute which is measured by counting a specified number of days backward from a scheduled future act, event or default, the day of the scheduled future act, event or default is not included. The day on which the prescribed or allowed action is to occur shall be included, unless it is a Saturday, Sunday or a legal holiday in this Commonwealth, in which event the day of the prescribed or allowed action shall run until the next preceding day which is neither a Saturday, Sunday or holiday. A part-day holiday shall be considered as a holiday. Intermediate Saturdays, Sundays and legal holidays are included in the computation.
(c) Subsection (a) supersedes 1 Pa. Code § 31.12 (relating to computation of time).
§ 1001.13. Issuance of Authority orders.
(a) In computing a period of time involving the date of the issuance of an order by the Authority, the day of issuance of an order will be the date the Clerk enters the order. An order will not be made public prior to its entry except when, in the Authority's judgment, the public interest so requires. The date of entry of an order may or may not be the day of its adoption by the Authority. The Clerk will clearly indicate on each order the date of its adoption by the Authority and the date of its entry.
(b) At the time a decision of a presiding officer becomes effective as an adjudication of the Authority, in the absence of Authority review as provided in § 1005.213 (relating to final orders and effect of failure to file exceptions), the Clerk will issue and serve upon the parties of record an appropriate notice of the date the adjudication became effective as an Authority order.
(c) The date of entry of an order which is subject to review by Commonwealth Court is governed by Pa.R.A.P. No. 108. The date of issuance of any other order shall be deemed to be the date of entry for the purposes of computing the time for appeal under an applicable statute relating to judicial review of Authority action.
(d) Subsections (a)—(c) supersede 1 Pa. Code § 31.13 (relating to issuance of agency orders).
§ 1001.14. Effective dates of Authority orders.
(a) An order of the Authority promulgating regulations shall be effective upon publication in the Pennsylvania Bulletin unless otherwise specially provided in the order.
(b) Except as provided in subsection (a), an order of the Authority shall be effective as of the date of entry unless otherwise specially provided in the order.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 31.14 (relating to effective dates of agency orders).
§ 1001.15. Extensions of time and continuances.
(a) Extensions of time shall be governed by the following:
(1) Except as otherwise provided by statute, whenever under this part or by order of the Authority, or notice given thereunder, an act is required or allowed to be done at or within a specified time, the time fixed or the period of time prescribed may, by the Authority, the presiding officer or other authorized person, for good cause be extended upon motion made before expiration of the period originally prescribed or as previously extended. Upon motion made after the expiration of the specified period, the act may be permitted to be done where reasonable grounds are shown for the failure to act.
(2) Requests for the extension of time in which to file briefs shall be filed at least 5 days before the time fixed for filing the briefs unless the presiding officer, for good cause shown, allows a shorter time.
(b) Except as otherwise provided by statute, requests for continuance of hearings or for extension of time in which to perform an act required or allowed to be done at or within a specified time by this part by order of the Authority or the presiding officer, shall be by motion in writing, timely filed with the Authority, stating the facts on which the application rests, except that during the course of a proceeding, the requests may be made by oral motion in the hearing before the Authority or the presiding officer. Only for good cause shown will requests for continuance be considered. The requests for a continuance should be filed at least 5 days prior to the hearing date.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 31.15 (relating to extensions of time).
§ 1001.16. Issuance of decisions by presiding officers.
The date of the issuance of a decision by a presiding officer will be the date on which the decision is mailed to the parties. The decision will be deposited in the United States mail on the same date that the decision is docketed by the Clerk. The date of the issuance will be clearly indicated in a cover letter with the mailing to the parties.
Subchapter C. REPRESENTATION BEFORE THE AUTHORITY Sec.
1001.21. Appearance. 1001.22. Appearance by attorney. 1001.23. Other representation prohibited at hearings. 1001.24. Notice of appearance or withdrawal. 1001.25. Form of notice of appearance. 1001.26. Contemptuous conduct. 1001.27. Suspension and disbarment. 1001.28. Power of attorney. § 1001.21. Appearance.
(a) Individuals may represent themselves.
(b) Subject to subsections (a) and (c), in a proceeding before the Authority or a presiding officer, persons may be represented in the following manner:
(1) A partner may represent the partnership.
(2) A bona fide officer of a corporation, trust or association may represent the corporation, trust or association.
(3) An officer or employee of an agency, political subdivision or government entity may represent the agency, political subdivision or government entity.
(c) For an individual to represent an entity under subsection (b), the following information shall be presented along with any pleading or other document filed with the Clerk or to the presiding officer at the time of proceeding, whichever occurs first:
(1) For individuals appearing under subsection (b)(1) and (2):
(i) Confirmation of the individual's position with the represented entity.
(ii) A copy of a board resolution from the entity or a notarized letter from the entity's secretary confirming the individual's authorization to represent the entity.
(2) For individuals appearing under subsection (b)(3):
(i) A copy of the photographic identification card of the officer or employee issued by the agency, political subdivision or government entity.
(ii) An original letter executed by an authorized representative of the agency, political subdivision or government entity, other than the individual appearing in the proceeding before the Authority.
(3) The Authority or a presiding officer may review information submitted as provided in this subsection for sufficiency and may require supplementation or otherwise refuse acceptance of the information and the deny the requested representational status of the individual.
(e) Subsections (a)—(c) supersede 1 Pa. Code § 31.21 (relating to appearance in person).
§ 1001.22. Appearance by attorney.
(a) Subject to § 1001.21(a) and (b) (relating to appearance), an attorney at law admitted to practice before the Supreme Court of Pennsylvania shall represent persons in Authority proceedings.
(b) An attorney not licensed in this Commonwealth may appear before the Authority in accordance with the Pennsylvania Bar Admission Rules.
(c) Subsection (a) supersedes 1 Pa. Code § 31.22 (relating to appearance by attorney).
§ 1001.23. Other representation prohibited at hearings.
(a) Persons may not be represented at a hearing before the Authority or a presiding officer except as stated in § 1001.21 or § 1001.22 (relating to appearance; and appearance by attorney).
(b) Subsection (a) supersedes 1 Pa. Code § 31.23 (relating to other representation prohibited at hearings).
§ 1001.24. Notice of appearance or withdrawal.
(a) Individuals. An individual appearing without legal representation before the Authority or a presiding officer shall file with the Clerk an address for service of a notice or other written communication. A change in address which occurs during the course of the proceeding shall be reported to the Clerk promptly.
(b) Attorneys.
(1) Appearance by initial pleading. An attorney who signs an initial pleading in a representative capacity shall be considered to have entered an appearance in that proceeding.
(2) Appearance in all other instances. An attorney shall file a written notice of appearance with the Clerk.
(i) Content of notice. Initial pleadings, entries of appearance and notices of withdrawal must include:
(A) The attorney's name, mailing address and electronic mailing address.
(B) A Pennsylvania attorney identification number or, if not licensed in this Commonwealth, identification of the jurisdictions in which the attorney is licensed to practice law.
(C) A telephone number and telefacsimile number.
(D) The name and address of the person represented.
(ii) Filing.
(A) Appearance. The notice of appearance shall be served on the parties to the proceeding, and a certificate of service shall be filed with the Clerk.
(B) Change in address. A change in address which occurs during the course of the proceeding shall be reported to the Clerk and the parties promptly.
(3) Withdrawal. An attorney may withdraw an appearance by filing a written notice of withdrawal with the Clerk. The notice shall be served on the parties and the presiding officer, if one has been designated.
(c) Supersession. Subsections (a) and (b) supersede 1 Pa. Code § 31.24 (relating to notice of appearance).
§ 1001.25. Form of notice of appearance.
(a) A form of notice of appearance to be used by attorneys appearing before the Authority is available at the Authority's web site at www.philapark.org/tld, and must be substantially similar to the following:
BEFORE THE
PHILADELPHIA PARKING AUTHORITYIn the Matter of:
[File, Docket or other identifying No.:]
NOTICE OF APPEARANCE Please enter my appearance in the above-designated matter on behalf of:
I am authorized to accept service on behalf of said party in this matter
[CHECK ONE] [ ] On the basis of this notice, I request a copy of each document hereafter issued by the Authority in this matter.
[ ] I am already receiving or have access to a copy of each document issued by the Authority in this matter (alone, or in a consolidated proceeding) and do not on the basis of this notice require an additional copy.
_________________ ______ Signature Name (Printed) _________________ ______ P. O. address City, state and zip code _________________ ______ Telephone Number Telefacsimile Number (including area code) (including area code) _________________ ______ Pennsylvania Attorney I.D. No./ Email Address Other Jurisdiction(s) Admitted (b) Supersession. Subsection (a) supersedes 1 Pa. Code § 31.25 (relating to form of notice of appearance).
§ 1001.26. Contemptuous conduct.
(a) Contemptuous conduct at a hearing before the Authority or a presiding officer shall be grounds for exclusion from the hearing and for summary suspension without a hearing for the duration of the hearing.
(b) Subsection (a) is identical to 1 Pa. Code § 31.27 (relating to contemptuous conduct).
§ 1001.27. Suspension and disbarment.
(a) The Authority may deny, temporarily or permanently, the privilege of appearing or practicing before it in any way to a person who is found by the Authority, after notice and opportunity for hearing in the matter, to have done one or more of the following:
(1) Lacked the requisite qualifications to represent others.
(2) Lacked the requisite technical education, training or experience for a particular project or type of project submitted for Authority approval.
(3) Engaged in unethical, contemptuous or improper conduct before the Authority.
(4) Repeatedly failed to follow Authority or presiding officer directives.
(b) For the purpose of subsection (a), practicing before the Authority includes:
(1) Transacting business with the Authority.
(2) The preparation of a statement, opinion or other paper by an attorney, accountant, broker, engineer or other expert, filed with the Authority in a pleading, application, submittal or other document with the consent of the attorney, accountant, broker, engineer or other expert.
(3) Appearances at a hearing before the Authority or a presiding officer.
(c) Subsections (a) and (b) are identical to 1 Pa. Code § 31.28 (relating to suspension and disbarment).
§ 1001.28. Power of attorney.
(a) A certificate holder may be represented by one individual attorney-in-fact at certain Authority appointments.
(b) One individual attorney-in-fact may execute certain documents approved by the Authority on behalf of a certificate holder.
(c) An attorney-in-fact shall be a competent adult individual fluent in the English language. An individual will be deemed ineligible to serve as an attorney-in-fact if he is unable to clearly respond to Authority investigations and comply with the reporting requirements of this part.
(d) The Authority will maintain a list of appointments at which a certificate holder may be represented by an attorney-in-fact and the list may be obtained on the Authority's web site at www.philapark.org/tld.
(e) The power of attorney identifying an attorney-in-fact must be drafted in compliance with the laws of the Commonwealth and display the original notarized signature of a person authorized to so act on behalf of the certificate holder.
(f) A power of attorney may not identify an attorney-in-fact who illegible to own Authority issued rights as provided in § 1011.5 (relating to ineligibility due to conviction or arrest). The certificate holder shall confirm that the attorney-in-fact is eligible to serve under this part.
(g) The Authority may require as a condition of accepting a power of attorney that the designated attorney-in-fact file a certified criminal history report for the Commonwealth and any state or country in which that individual has lived during the last 5 years.
(h) The Authority will not accept a power of attorney executed 1 year or more from the date of the requested action by the attorney-in-fact.
Subchapter D. DOCUMENTARY FILINGS Sec.
1001.31. Requirements for documentary filings. 1001.32. Filing specifications. 1001.33. Incorporation by reference. 1001.34. Single pleading or submittal covering more than one matter. 1001.35. Execution. 1001.36. Verification and affidavit. 1001.37. Number of copies to be filed. 1001.38. Rejection of filings. § 1001.31. Requirements for documentary filings.
(a) Form. Pleadings must be divided into consecutively numbered paragraphs. Each paragraph must contain as far as practicable only one material allegation.
(b) Specificity. The material facts on which a pleading is based shall be stated in a concise and summary form. Averments of time, place and items of special damage shall be specifically stated.
(c) Certain averments. Averments of fraud or mistake shall be averred with particularity. Malice, intent, knowledge, and other conditions of mind may be averred generally.
(d) Relief requested. Any pleading demanding relief must specify the relief sought. Relief in the alternative or of several different types may be demanded.
(e) Attachments. Copies of documents relied upon in the pleadings shall be identified and attached. Copies of reported court decisions, writings or orders already of record with the Authority need not be attached to the pleading if reference by docket number is made to the proceeding in which they were filed in accordance with § 1001.33 (referring to incorporation by reference).
(f) Identifying information. Documents filed with the Authority in a proceeding must clearly contain the following information:
(1) The docket number or similar identifying symbols, if any.
(2) The title or caption of the proceeding before the Authority.
(3) Within the title of the document, the name of the person on whose behalf the filing is made. If more than one person is involved, only a single name is necessary.
(g) Caption. Every pleading must contain a caption setting forth the ''Philadelphia Parking Authority,'' the number of the action and the name of the pleading. The caption of an initial pleading must set forth the names of all the parties, but in subsequent pleadings it is sufficient to state the name of the first party on each side in the complaint with an appropriate indication of other parties. The caption must be substantially similar to the following:
BEFORE THE
PHILADELPHIA PARKING AUTHORITY
Complainant : Complainant,
: : v.
: Docket No. : Respondent : Respondent.
:
COMPLAINT (g) Supersession. Subsections (a)—(f) supersede 1 Pa. Code § 33.1 (relating to title).
§ 1001.32. Filing specifications.
(a) A filing made with the Authority must be:
(1) Typewritten. Pleadings, submittals or other documents filed in proceedings, if not printed, must be typewritten on paper cut or folded to letter size, 8 to 8 1/2 inches wide by 10 1/2 to 11 inches long, with left-hand margin at least 1 inch wide and other margins at least 1 inch. The impression must be on only one side of the paper, unless there are more than four pages, and be double spaced, except that quotations in excess of a few lines must be single spaced and indented. Reproduced copies will be accepted as typewritten, if copies are clearly legible.
(2) Printed. Printed documents must be at least 12-point type on unglazed paper, cut or folded so as not to exceed 8 1/2 inches wide by 11 inches long, with inside margin at least 1 inch wide, and with double-leaded text and single-leaded, indented quotations.
(3) Bound. Pleadings, submittals and other documents, other than correspondence, must be stapled, fastened or otherwise bound at the left side only.
(c) Supersession. Subsection (a) is identical to 1 Pa. Code § 33.2 (relating to form).
§ 1001.33. Incorporation by reference.
(a) Documents on file with the Authority may be incorporated by reference into a subsequent pleading, submittal or other document. A document may be so incorporated only by reference to the specific document and to the prior filing and docket number at which it was filed.
(b) Documents on file with the Authority for more than 5 years may not be incorporated by reference in a current document unless the person filing the current document first ascertains that the earlier document continues to be readily available in the active records of the Authority.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 33.3 (relating to incorporation by reference).
§ 1001.34. Single pleading or submittal covering more than one matter.
(a) Except as otherwise provided under this chapter and Chapter 1005 (relating to formal proceedings), a single pleading may be accepted for filing with respect to a particular matter and one or more directly related matters and will be deemed to be a single filing for purposes of the computation of fees as provided in § 1001.43 (relating to Authority fee schedule).
(b) If, upon review, the Authority determines that the matters are not closely related or otherwise properly joined, the Authority will direct that the single pleading be refiled as two or more separate pleadings each subject to a separate filing fee.
(c) Subsection (a) supersedes 1 Pa. Code § 33.4 (relating to single pleading or submittal covering more than one matter).
§ 1001.35. Execution.
(a) Signature.
(1) Filings. A pleading, submittal or other document must be signed in permanent ink by the party in interest, or by the party's attorney, as required under subsection (b), and show the office and mailing address of the party or attorney. An original hard copy must be signed, and other copies filed must conform thereto unless otherwise ordered by the Authority.
(b) Signatory.
(1) A pleading, submittal or other document filed with the Authority must be signed by one of the following:
(i) The person filing the documents, and severally if there is more than one person so filing.
(ii) An officer if it is a corporation, trust, association or other organized group.
(iii) An officer or employee thereof if it is another agency, a political subdivision, or other governmental authority, agency or instrumentality.
(iv) An attorney having authority with respect thereto.
(2) A document filed by a corporation, trust, association or other organized group, may be required to be supplemented by appropriate evidence of the authority of the officer or attorney signing the documents.
(c) Effect.
(1) The signature of the individual signing a document filed with the Authority constitutes a certificate by the individual that:
(i) The individual has read the document being signed and filed, and knows the contents thereof.
(ii) The document has been signed and executed in the capacity specified upon the document with full power and authority to do so, if executed in a representative capacity.
(iii) The document is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification or reversal of existing law, to the best of the individual's knowledge, information and belief formed after reasonable inquiry.
(iv) The document is not interposed for an improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation.
(2) If a document is signed in violation of this subsection, the presiding officer or the Authority, upon motion or upon its own initiative, may impose upon the individual who signed it, a represented party, or both, an appropriate sanction, which may include striking the document, dismissal of the proceeding or the imposition of penalties consistent with this part and the act.
(d) Supersession. Subsections (a)—(c) supersede 1 Pa. Code § 33.11 (relating to execution).
§ 1001.36. Verification and affidavit.
(a) Verification required. Applications, petitions, formal complaints, motions and answers thereto containing an averment or denial of fact not appearing of record in the action must be personally verified by a party thereto or by an authorized officer or other authorized employee of the party if a corporation, partnership, association or other business entity. Under subsections (b) and (c), verification may be made by using a verification or by using an affidavit.
(b) Form verification. When a verification is used, notarization is not necessary. The filing date for the verification will be determined in accordance with § 1001.11(a) (relating to date of filing). The docket number or other applicable assigned Authority identification number for the filing must be clearly indicated on the original verification. The verification form should comply substantially with the following:
VERIFICATION I, ______ , hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities).
Date: ______ Signature: ______
(c) Affidavit form. When an affidavit is used, it must be notarized. The original affidavit shall be submitted to the Authority and may be an attachment to a filing. The filing date for the affidavit will be determined in accordance with § 1001.11(a). The docket number or other applicable assigned Authority identification number for the filing must be clearly indicated on the original affidavit. The affidavit form should comply substantially with the following:
AFFIDAVIT I, ______ , (Affiant) being duly sworn (affirmed) according to law, depose and say that (I am authorized to make this affidavit on behalf of ______ corporation, being the holder of the office of ______ with that corporation, and that, I am an employee or agent of ______ and have been authorized to make this affidavit on its behalf and that) the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and (I or corporation) expect to be able to prove the same at any hearing hereof.
Signature ______
Sworn and subscribed before me this
____ day of ______ ,
2____ .
_________________
Signature of official administering oath)My Authority Expires: ______
(d) Certification process. An applicant for a certificate shall include in the verification or affidavit the following statement:
Applicant is not now engaged in intrastate transportation of property or passengers for compensation in this Commonwealth except as authorized by the Pennsylvania Public Utility Commission certificate or permit or Philadelphia Parking Authority certificate, and will not engage in the transportation for which approval is herein sought, unless and until the transportation is authorized by the Authority.(e) Criminal penalty. An individual who executes a pleading, application, submittal or other document knowing that it contains a false statement and who causes it to be filed in the Authority shall be subject to prosecution for the commission of a misdemeanor of the second degree in violation of 18 Pa.C.S. § 4904(a) (relating to unsworn falsification to authorities).
(f) Supersession. Subsections (a)—(e) supersede 1 Pa. Code § 33.12 (relating to verification).
§ 1001.37. Number of copies to be filed.
(a) Except as may be otherwise provided by this part or ordered or requested by the Authority, at the time plead- ings, submittals or documents other than correspondence are filed with the Clerk, or other Authority office, there shall be furnished to the Authority an original and two conformed copies of the papers, including exhibits, if any.
(b) Subsections (a) supersede 1 Pa. Code § 33.15 (relating to number of copies).
§ 1001.38. Rejection of filings.
The Authority may reject a filing if it does not comply with any applicable statute, regulation or order of the Authority.
Subchapter E. FEES Sec.
1001.41. Filing fees. 1001.42. Mode of payment to the Authority. 1001.43. Authority fee schedule. § 1001.41. Filing fees.
(a) A pleading, submittal or other document for which a filing fee is required to be charged will be received, but will not be deemed to be filed, until the filing fee required by the act, this part or an order of the Authority has been paid.
(b) Subsection (a) supersedes 1 Pa. Code § 33.21 (relating to filing fees).
§ 1001.42. Mode of payment to the Authority.
(a) The Authority will accept payment for fees, penalties, assessments or other costs required by act, this part or an order of the Authority by money order or cashiers' check made payable to the ''Philadelphia Parking Authority'' at TLD Headquarters, in person or by mail.
(b) Subsection (a) supersedes 1 Pa. Code § 33.22 (relating to mode of payment of fees).
§ 1001.43. Authority fee schedule.
(a) The Authority will issue a new fee schedule for each fiscal year, subject to approval of the Legislature, under section 5707(b) of the act (relating to budget and fees).
(b) The Authority will provide notice of the new fee schedule by email to each certificate holder as required under section 5707(b) of the act. The current fee schedule may be obtained from the Authority's web site at www.philapark.org/tld.
(c) Supersession. Subsection (a) supersedes 1 Pa. Code §§ 33.21(b) and 33.23 (relating to filing fees; and copy fees).
Subchapter F. SERVICE OF DOCUMENTS Sec.
1001.51. Service by the Authority. 1001.52. Service by a party. 1001.53. Service on attorneys. 1001.54. Date of service. 1001.55. Proof of service. 1001.56. Form of certificate of service. 1001.57. Number of copies to be served. § 1001.51. Service by the Authority.
(a) Applicability. This section applies to service of an order, notice, pleading or other document originating with the Authority and other documents designated by the Authority or a presiding officer, except when the Authority specifically requires a different form of service.
(b) Forms of service.
(1) First class mail. Service may be made by mailing a copy thereof to the person to be served, addressed to the person designated in the initial pleading, submittal or notice of appearance at the person's residence, principal office or place of business.
(2) Personal. Service may be made personally by Authority staff or anyone authorized by the Authority or a presiding officer.
(3) Email. Service may be made by email upon the following persons:
(A) A certificate holder.
(B) A broker.
(C) A regulated person that has registered an email address with the Authority under subsection (c).
(D) A person's attorney under § 1001.53(a) (relating to service on attorneys).
(E) A party to any Authority proceeding, including interveners and protestants for whom an email address is on file with the Clerk.
(F) A party to any Authority proceeding in which a presiding officer orders notification of parties by telephone, telefacsimile or other electronic means when time periods are short and delivery by mail or other methods may not prove adequate. The presiding officer will confirm the alternative form of service in writing and a filing will be made with the Clerk regarding confirmation.
(c) Voluntary email registration. Any person may file an email address with the Clerk for purposes of receiving service under this part. By filing an email address with the Clerk the filing person agrees to receipt of service originating with the Authority under this section.
(d) Change of address. It is the duty of a party to notify the Authority within 48 hours of changes to the party's current address, including any email address on file with the Clerk.
(e) Alternative service. If the Authority is unable to serve a party by email or by mail at the party's last known address, the Authority may make service by publication in a newspaper of general circulation in the same area as the party's last known address. In the alternative, service may also be accomplished by publication in the Pennsylvania Bulletin or by service on the Secretary of the Commonwealth, if appropriate.
(f) Supersession. Subsections (a)—(e) supersede 1 Pa. Code § 33.31 (relating to service by the agency).
§ 1001.52. Service by a party.
(a) Pleadings, submittals, briefs and other documents, filed by parties other than the Authority in proceedings pending before the Authority shall be served upon parties in the proceeding and upon the presiding officer, if one has been assigned, unless an alternative form of service is specifically provided by the act, this part or an order of the Authority.
(b) Service may be made by one of the following methods:
(1) First class mail. Service may be made by mailing the requisite number of copies to each party as provided in § 1001.57 (relating to number of copies to be served), properly addressed with postage prepaid.
(2) Personal. Service may be made personally by delivering the requisite number of copies to each party as provided in § 1001.57. Personal service may only be made by an individual 18 years of age or older who is neither a party to the proceeding nor an employee or relative of a party.
(3) Telefacsimile or email. Service may be made by telefacsimile or email to those parties who have agreed to accept service in that manner. Documents served electronically need not be followed by service of a hard copy if the parties have so agreed. This section is not intended to limit service by email available under any other section in this part.
(c) In a proceeding in which only some of the parties participate, the parties, with the authorization of the presiding officer, may limit the service of documents to parties and persons or individuals which state on the record or request in writing that they wish to be served.
(d) Subsections (a)—(c) supersede 1 Pa. Code § 33.32 (relating to service by a participant).
§ 1001.53. Service on attorneys.
(a) When an attorney enters an appearance under § 1001.24 (relating to notice of appearance or withdrawal), service shall be directed to the attorney in the same manner as prescribed for the attorney's client. An attorney's entry of appearance must include an email address at which all communications and notices from the Authority or other parties to the attorney's client may be served.
(b) When a party is represented by an attorney, service upon the attorney shall be deemed service upon the party. Separate service on the party may be omitted.
(c) Subsections (a) and (b) supersede 1 Pa. Code §§ 31.26 and 33.33 (relating to service on attorneys; and effect of service upon an attorney).
§ 1001.54. Date of service.
(a) The date of service shall be the day when the document served meets one of the following conditions:
(1) The document is deposited in the United States mail.
(2) The document is deposited with an overnight express package delivery service.
(3) The document is delivered in person.
(4) The document is transmitted by telefacsimile or email as provided in §§ 1001.51(b) or 1001.52(b) (relating to service by the Authority; and service by a party) prior to 4:30 p.m. local prevailing time in the Eastern Time Zone (United States).
(b) Unless otherwise prescribed by the Authority or presiding officer, whenever a party is required or permitted to do an act within a prescribed period after service of a document upon the party and the document is served by first-class mail by the United States Postal Service, 3 days shall be added to the prescribed period.
(c) Subsection (a) supersedes 1 Pa. Code § 33.34 (relating to date of service).
§ 1001.55. Proof of service.
(a) A certificate of service in the form prescribed under § 1001.56 (relating to form of certificate of service) must accompany and be attached to the original and all copies of pleadings, submittals or other documents filed with the Authority when service is required to be made by the parties.
(b) Subsection (a) supersedes 1 Pa. Code § 33.35 (relating to proof of service).
§ 1001.56. Form of certificate of service.
(a) The form of certificate of service must be as follows:
I hereby certify that I have this day served a true copy of the foregoing document upon the parties, listed below, in accordance with the requirements of § 1001.52 (relating to service by a party).
(List names and addresses of parties served and manner in which each was served.)
Dated this ______ day of 2____.
______
(Print Name)Counsel for ______
______
(Signature)(c) Subsection (a) supersedes 1 Pa. Code § 33.36 (relating to form of certificate of service).
§ 1001.57. Number of copies to be served.
(a) One copy of a document shall be served on the presiding officer if one has been designated, unless a larger number of copies are specifically required under one of the following:
(1) An order issued by the Authority or presiding officer.
(2) Another section of this part.
(b) One copy of each document shall be served on each party in a proceeding, unless a larger number of copies are specifically required under one of the following:
(1) An order issued by the Authority or presiding officer.
(2) Another section of this part.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 33.37 (relating to number of copies).
Subchapter G. PENALTY Sec.
1001.61. Penalties. 1001.62. Continuing offenses. § 1001.61. Penalties.
(a) Monetary penalty range. If a penalty has not been otherwise assigned to a violation of any provision of the act, this part or an order of the Authority, the penalty applicable to the violation may be not less than $50 and not greater than $1,000.
(b) Additional penalties. The penalty requested in a formal complaint initiated as provided in Chapter 1005 (relating to formal proceedings), may include one or more of the following:
(1) A monetary penalty payable to the Authority.
(2) A suspension of rights.
(3) A modification of rights.
(4) A cancellation of rights.
(5) Other penalties deemed necessary to protect the public interest.
§ 1001.62. Continuing offenses.
Each day's continuance in the violation of the act, this part or an order of the Authority, shall be a separate and distinct offense. If any interlocutory order of supersedeas or a preliminary injunction is granted, penalties will not be incurred or collected for or on account of any act, matter or thing done in violation of the final direction, requirement, determination, order or decree so superseded or enjoined for the period of time the order of supersedeas or injunction is in force.
Subchapter H. MATTERS BEFORE OTHER TRIBUNALS Sec.
1001.71. Notice and filing of copies of pleadings before other tribunals. § 1001.71. Notice and filing of copies of pleadings before other tribunals.
(a) When matters over which the Authority may have jurisdiction under the act are raised in proceedings filed with a court or other regulatory body by a person subject to the act, either an appropriate application or petition, or notice of the proceedings and copies of the material pleadings filed therein, shall be filed simultaneously with the Director so that it may have sufficient notice and time for proper consideration of the matters within its jurisdiction.
(b) Upon filing of a petition for bankruptcy under the United States Bankruptcy Code (11 U.S.C.) by a certificate holder or broker a copy of the petition shall be simultaneously filed with the Director.
(c) An entity subject to the regulatory jurisdiction of the Authority, or its trustee in bankruptcy, shall file a copy of the reorganization plan for itself or for its bankrupt parent, subsidiary or affiliate with the Director for Authority review within 10 days after the debtor has filed the plan, its supplements and amendments, or has received notice that the plan has been filed with the court.
(d) If the reorganization plan submitted under subsection (c) contemplates the abandonment of taxicab, limousine or dispatcher service, the submittal must include an SA-1 ''Sale Application as provided in § 1027.6 or § 1059.6 (relating to application for sale of transferable rights), as appropriate. If a reorganization plan of a certificate holder or broker includes the abandonment of the certificate or Authority issued right, the submittal must include specific notice to the Authority of the date of abandonment.
Subchapter I. AMENDMENTS OR WITHDRAWALS OF SUBMITTALS Sec.
1001.81. Amendments. 1001.82. Withdrawal or termination of uncontested matter or proceeding. § 1001.81. Amendments.
(a) Except as specifically limited by another section of this part, an amendment to a submittal or pleading may be tendered for filing and will be deemed filed in accordance with § 1001.11 (relating to date of filing). The Authority may waive time restrictions as to filing dates in the interest of justice.
(b) Subsections (a) supersedes 1 Pa. Code § 33.41 (relating to amendments).
§ 1001.82. Withdrawal or termination of uncontested matter or proceeding.
(a) Notice of withdrawal or termination. A party that desires to terminate an uncontested matter or proceeding before final decision by the Authority or otherwise desires to withdraw a submittal or pleading, shall file written notice of withdrawal or termination as follows:
(1) In matters initiated through pleading, notice shall be filed with the Clerk and served upon all parties as provided under § 1001.52 (relating to service by a party).
(2) In matters related to applications or other filings, notice shall be filed with the reviewing TLD department designated in the application or other submittal.
(b) Review of notice. Unless otherwise provided by statute, contested through petition of another party or when the best interests of the public would be harmed, the matter will be considered withdrawn and terminated with prejudice 15 days after filing of the notice required under § 1001.82 (relating to withdrawal or termination of uncontested matter or proceeding). As a matter of discretion by the Authority or presiding officer, a withdrawal or termination may be denied.
(c) Contested proceedings. Withdrawal of a pleading in a contested proceeding is governed under § 1005.64 (relating to withdrawal of pleadings in a contested proceeding).
(d) Subsections (a)—(c) supersede 1 Pa. Code § 33.42 (relating to withdrawal or termination).
Subchapter J. DOCKET Sec.
1001.91. Docket. § 1001.91. Docket.
(a) The Clerk will maintain a docket of all proceedings, and each proceeding as initiated will be assigned an appropriate designation. The docket will be available for inspection and copying by the public during the Authority's office hours.
(b) Subsection (a) is identical to 1 Pa. Code § 33.51 (relating to docket).
Subchapter K. WAIVER OF RULES Sec.
1001.101. Applications for waiver of formal requirements. § 1001.101. Applications for waiver of formal requirements.
(a) Pleadings, submittals or other documents which are subject to rejection under any provision of this chapter or Chapter 1003 or 1005 (relating to special provisions; and formal proceedings) may be accompanied by a request, under § 1005.23 (relating to petitions for issuance, amendment, repeal, or waiver of Authority regulations) for waiver of any provisions with which the document tendered is in conflict or does not conform. The request must show the nature of the waiver or exception desired and set forth the reasons in support thereof. Unacceptable filings may be returned by the Clerk with an indication of the deficiencies thereof and the reasons for nonacceptance and return.
(b) Unless the Authority expressly so orders, the Clerk may not waive a failure to comply with the act, this part or an order of the Authority or another applicable requirement, and the failure may be cause for striking all or any part of the filings.
(c) Subsections (a) and (b) supersede 1 Pa. Code § 33.61 (relating to applications for waiver of formal re- quirements).
Subchapter L. UNOFFICIAL STATEMENTS, OPINIONS AND NOTICE Sec.
1001.111. Unofficial statements and opinions by Authority personnel. 1001.112. Notice of rulemaking proceedings. § 1001.111. Unofficial statements and opinions by Authority personnel.
Statements contained in formal opinions of the Authority or in decisions of a presiding officer which are not necessary in resolving the case, and informal opinions, whether oral or written, expressed by Authority members, presiding officers, legal counsel, employees or representatives of the Authority and reports drafted by Authority departments are only considered as aids to the public, do not have the force and effect of law or legal determinations, and are not binding upon the Commonwealth or the Authority.
§ 1001.112. Notice of rulemaking proceedings.
(a) Before the adoption of a regulation, the Authority will publish a general notice as provided in 1 Pa. Code Chapter 7 (relating to procedure for adoption or change of regulations).
(b) The order or notice will recite the statutory or other authority under which the regulation is proposed to be adopted, and include either the terms of the proposed regulation, or a description of the subjects and issues involved to inform interested persons of the nature of the proceeding, to permit interested persons to submit comments relative thereto within the time period required by the act.
(c) The Authority may, upon petition by a person having an interest in the proposed regulation, hold public hearings on the proposed regulation. The petition for hearing must be in the form set forth in § 1005.21 (relating to petitions generally), shall be filed concurrently with the comments and state the reasons for having a hearing and the person's interest in the proposed regulation.
(d) Subsections (a)—(c) supersede 1 Pa. Code § 35.104 (relating to notice of rulemaking proceedings).
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1 See Sections 13 and 17 of the Act.
2 See 65 Pa.C.S. § 701 et seq.
3 Blount, et al. v. Philadelphia Parking Authority, 965 A.2d 226 (Pa. 2009)
4 Germantown Cab Co., v. Philadelphia Parking Authority, 993 A.2d 933 (Pa. Commw Ct. 2010)
5 See, e.g., Pennsylvania Supreme Court Docket No. 213 EAL 2010.
6 The Authority does not receive money from the State Treasury and is, therefore, not subject to section 612 of The Administrative Code of 1929 (71 P. S. § 232).
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