[41 Pa.B. 6499]
[Saturday, December 3, 2011]
[Continued from previous Web Page]
Chapter 1057. Limousine drivers § 1057.1. Purpose and scope.
Section 1057.1 provides that this chapter establishes minimum qualifications for limousine drivers and that a certificate holder may impose more stringent standards in the selection of its limousine drivers.
§ 1057.2. Certification required.
Section 1057.2 provides that limousine drivers must have a limousine driver's certificate to provide limousine service and that the driver's certificate should be displayed within the view of passengers and be in good condition. A commentator suggested that limousine drivers should not have to display the driver's certificate. However, section 5706(b) requires the display of the driver's certificate and we believe that requirement is consistent with sound public policy.
§ 1057.3. Continuing certificates.
Section 1057.3 provides that individuals who hold an Authority's driver's certificate at the time these final-form regulations are passed will continue to hold that driver's certificate, but that upon annual renewal each individual must self-designate the driver's certificate as a taxicab driver's certificate or a limousine driver's certificate. Subsection (c) provides that this section will not prohibit a limousine driver from obtaining a separate taxicab driver's certificate as provided in Subpart B of these regulations. Specific limousine driver training procedures and subjects are provided in §§ 1057.7 and 1057.8.
§ 1057.4. Ineligible persons for limousine driver certificate.
Section 1057.4 provides certain conditions of ineligibly that will render an individual ineligible to hold a limousine driver's certificate. A commentator suggested that completion of an Authority proctored test should be eliminated, without further comment. However, we believe the minimum levels of training and testing provided for in the final-form regulations will greatly benefit the public by assuring that drivers understand basic rules and procedures related to limousine service. The commentator also suggested that only citizens of the United States should be permitted to be limousine drivers. We disagree with this comment and believe that it is against public policy to so narrowly constrict the potential field of drivers. We believe it may also be a violation of law to implement such a prohibition. The regulations do require applicants for limousine driver's certificate's to provide a valid Social Security card or documents confirming the individual's legal ability to work in the United States.
§ 1057.5. Standards for obtaining a limousine driver's certificate.
Section 1057.5 provides for the limousine driver application process and identifies information that the applicant must present along with the application in order to be considered, such as a driver's license, driver history report, etc.
(b)(6). Subsection (b)(6) requires taxicab driver applicant to submit a criminal history report from each jurisdiction in which the applicant has resided during the 5 years preceding the date of the application. We have corrected a discrepancy noted by IRRC in subsection (b)(6). In the second sentence of that subsection the term ''criminal history record'' is used, while the final-form regulations instead define the term ''criminal history report.'' We have corrected that discrepancy in the final-form regulations and note that the applicants have been required to submit to criminal background checks in Philadelphia since 2005.
IRRC, and other commentators, questioned the impact of the 5 year look back period in this subsection, as well as subsection (b)(8) relating to driving history reports, on immigrants who have not lived in the United States for 5 years. To address this concern we have amended subsections (b)(6) and (8) to clarify that such individuals will meet the applicable requirements by consenting to the release of the required reports by the governments of other countries, and in the case of criminal history reports, Interpol or records the United States government relating to the individual's immigration.
IRRC also questioned the need to check the criminal history of persons who have immigrated legally. A person may have legally entered the United States several years before applying to be a limousine driver and committed crimes in the interim. The standards that Homeland Security uses to determine the eligibility of an immigrant with a criminal history from another country may be different than the standards the Authority will apply in determining if an individual should be permitted to provide limousine service. Also, even if the standards used by Homeland Security today were at least as stringent, a simple policy change in that department would directly and unwittingly impact the Authority and limousine passengers. We believe a review of an applicant's criminal history is very close to the minimum level of scrutiny that the public should expect from an agency charged with screening and regulating limousine drivers, we see no reason to exempt immigrants from that review.
(b)(9). Subsection (b)(9) exempts an applicant who possesses a current physical exam card issued under the requirements of a commercial driver's license in this Commonwealth. See 49 CFR 391.41-391.49, from the need to complete the Driver Medical History form. This exemption currently exists in the Authority's locally promulgated regulations and was requested several years ago by the Philadelphia Regional Limousine Associate (PRLA). A representative of the PRLA commented that this exception should be stricken. We disagree and will continue to allow for this time and cost saving exemption that will not negatively affect the public.
(b)(10). Subsection (b)(10) requires disclosure of other ownership interests in Authority or PUC certificates. IRRC questioned the meaning of ''or other rights.'' That term has been deleted in the final-form regulations.
(b)(11). Subsection (b)(11) requires a limousine driver applicant to submit a writing affirming that several facts are true, such as the confirmation that the applicant has not been subject to a criminal conviction. Subsection (b)(11)(ii) has been amended to note the revised title of § 1051.6. IRRC commented that the reference to ''reports'' in subsection (b)(11)(iii) was vague. We agree and have deleted that subparagraph from the final-form regulation. The deletion required the reidentification of the subsequent subparagraph.
§ 1057.6. Application changes.
Section 1057.6 provides that an applicant for limousine rights must report changes in circumstances that affect the applicant's eligibility for a limousine certificate to the Authority immediately.
§ 1057.7. Limousine driver training.
Section 1057.7 provides for limousine driver testing. A commentator suggested that limousine drivers should not be trained by the Authority. We disagree and view the training that will be provided as a core function of our implementation of the act. We note that the separation of driver's certificates will enable this training and testing to be more focused on the areas of interest of the driver applicants.
§ 1057.8. Certain training subjects.
Section 1057.8 provides for limousine driver training subjects. A commentator suggested that limousine drivers should not be trained by the Authority. We incorporate our response to comments to § 1057.7.
§ 1057.9. Limousine driver test.
Section 1057.9 provides for the creation of a limousine driver test by the Authority and certain components that may be a part of that test. IRRC questioned the meaning of subsection (c)(5) in terms of the requirement that an applicant ''demonstrate'' an ability to read and write the English language. We have deleted this paragraph (5) in order to avoid the lack of clarity that concerned IRRC. We have amended subsection (b) to clarify that answers to test questions must be in the English language. We believe the applicant's ability to successfully complete the driver test will provide a clear and objectively measurable demonstration of an ability to adequately communicate with the public in English. We also disagree with a commentator that some geographical information about Philadelphia should not be imparted to limousine drivers. A commentator suggested that limousine drivers should not be trained by the Authority. We incorporate our response to comments to § 1057.7.
Proposed § 1057.10. Expiration and renewal of certificate.
Proposed § 1057.10 provides for the annual expiration of a limousine driver's certificate and other requirements related to annual renewal. Commentators suggested that driver's certificates should not expire after only one year and that the Authority should provide notice of such expirations. Because each of the subjects addressed in this section is already addressed in the § 1051.3(a) or are now unnecessary, we have deleted the language of this section and will not submit it in the final-form regulations. We incorporate our response to comments raised in regard to these issues in §§ 1011.3 and 1051.3.
Final-form § 1057.10. Driver requirements.
Final-form § 1057.10 provides certain requirements necessary to be certificated as a limousine driver.
Final-form § 1057.11. Additional requirements.
Final-form § 1057.11 provides basic standards of conduct including the prohibition from providing service other than the type authorized by the Authority and a prohibition from operating a limousine without a valid state issued driver's license.
Final-form § 1057.12. Interstate commerce regulation.
Final-form § 1057.12 clarifies that the intent of this section or these regulations is not to interfere with interstate commerce. This subsection was amended to remove reference to a specific federal statute because the subject of this language goes beyond that single statute.
Final-form § 1057.13. Limousine driver's certificate upon cancellation.
Final-form § 1057.13 provides that cancelled driver's certificates will not be reinstated and that individuals subject to such cancelation may not reapply for a new driver's certificate for 2 years form the date of cancellation. Also the cancellation of a driver's certificate will be considered as part of any other applications to the Authority for taxicab or limousine rights. A commentator questioned what could lead to a driver's certificate cancellation. Cancellation is a potential penalty for violations of the act, this part or an order of the Authority. We believe that the terms ''cancellation'' and ''revocation'' have the same meaning in so far as they each describe a termination of Authority rights by the Authority as a result of a violation of the act or the regulations. A typographical error in subsection (b) has been corrected by replacing the second reference to ''taxicab driver'' with ''limousine driver.''
Final-form § 1057.14. General limousine driver reports.
Final-form § 1057.14 provides that limousine drivers must make specified reports to the Authority within a designated period of time.
Final-form § 1057.15. Limousine driver reports after accident.
Final-form § 1057.15 provides for certain driver requirements in the event a limousine is involved in an accident while providing limousine service. A typographical error in the opening sentence of this section has been corrected by deleting the word ''is.'' We have deleted paragraphs (2) and (3) in the final-form regulation in consideration of IRRC comments in regard to the confusion that may be created by the requirement to take necessary precautions to prevent further accidents at the scene and to render reasonable assistance to injured persons. Paragraph (5) has been reidentified as (3) in consideration of those deletions.
Final-form § 1057.16. Trip sheet requirements.
Final-form § 1057.16 provides specifications as to what information must be part of a limousine's trip sheet. A commentator suggested that the regulation should permit electronic trip sheets. We incorporate our response to comments to § 1055.5 regarding this issue. We agree with the commentator that certain information required by this section is not available until the trip is complete, which is when the information should be added to the trip sheet.
Chapter 1059. Applications and sale of rights § 1059.1. Purpose.
Section 1059.1 provides that Chapter 1059 establishes and prescribes Authority regulations and procedures for applications for limousine certificates and sale of certain rights issued by the Authority.
Proposed § 1059.2. Definitions.
Section 1059.2 of the proposed regulations provided several definitions related to Chapter 1059. IRRC noted that the term ''limousine certificate'' appears in this subpart prior to proposed § 1059.2 and that the definition provided in this section should be moved to the primary definition section for this subpart at proposed § 1051.2, which we have done. The balance of the definitions provided in this section have also been included in proposed § 1051.2, negating the need for this section, which will not appear in the final-form regulations. IRCC noted an inconsistency in the definition of ''transfer fee'' regarding the term ''nonrefundable.'' The term ''transfer fee'' is now consistently defined. We incorporate our response to comments to § 1027.2 regarding this fee.
Final-form § 1059.2. Applications for limousine rights.
Final-form § 1059.2 provides for certain procedures and the application necessary to obtain a limousine certificate of public convenience. Subsection (a) has been amended to note the unique large vehicle and remote carrier certification process provided for in § 1053.43(c), and a new subsection (c) has been added to provide guidance to those seeking to obtain a large vehicle or remote carrier certificate of public convenience.
Final-form § 1059.3. Authority approval of sale of rights.
Final-form § 1059.3 provides that the sale of Authority rights must be approved by the Authority in advance and provides guidance on what is considered a sale. For example, the transfer of securities in a corporation that owns a limousine certificate is a sale that must be approved by the Authority. Subsection (b) is identical to § 1027.3(b) which relate to the sale of taxicab rights. IRRC and other commentators raised the same concern as to subsection (b) as they did with § 1027.3(b). We have made the same changes to this subsection (b) as to § 1027.3(b) and we incorporate our response to comments to § 1027.3 here.
Final-form § 1059.4. Agreement of sale.
Final-form § 1059.4 provides that parties to a proposed transfer of a limousine certificate of public convenience must do so through the use of an agreement of sale that is in compliance with the Authority's regulations related to the sale of transferable rights, including the need to execute the agreement of sale before an Authority representative. This procedure has been in place in Philadelphia since 2005. All elements of the sale process involving meetings or interaction between buyer and seller and the Authority are by appointment and are intended to be conducted as efficiently as prudent document preparation and review will permit.
IRRC noted the comment of another commentator who expressed concern about the need to apply to the Authority for authorization to transfer shares of a business that owns a limousine certificate to a family member. This is the same issue addressed in § 1027.3 and final-form § 1059.3 and we incorporate our responses there, here. Again, a person is not qualified or eligible to participate in the provision of a limousine service simply because they are related to someone who is a current owner of a certificate of public convenience. Taxicabs and limousines are unique business interests that are heavily regulated by the government because of manifest safety concerns related to these transportation services, including vehicle and highway safety and driver interactions. The owners of these businesses will also possess sensitive information about customers. We believe that it is imperative that we approve the people involved in providing limousine service in advance, including owners and part-owners of certificates of public convenience.
IRRC and another commentator questioned the reason that subsection (b) requires agreements of sale be executed in the presence of the Director or his designee at Authority offices. We acknowledge that the act does not mandate this practice as it does for taxicabs in section 5718 of the act. However, we believe that the overall statutory mandate provided in section 5701.1 to develop a clean, safe, reliable and well regulated taxicab and limousine industry in Philadelphia grants the Authority a significant amount of latitude in terms of initiating that development. Also section 5742 provides that the Authority may prescribe such rules and regulations as we ''deem necessary to administer and enforce the regulation of limousine service'' in Philadelphia. Section 5742 of the act goes on to say that the broad powers of the Authority set forth in this section exist ''notwithstanding any other provision of law.'' Finally, section 5741.1(c)(3) provides that the ''[t]he transfer of a certificate of public convenience by any means or device shall be subject to the prior approval of the authority, which may attach conditions it deems proper.''
We have deemed the process provided for in subsection (b) of this section proper because we have, unfortunately, discovered many fraudulently, or at least questionable, executed documents related to the taxicab and limousine industry since 2005. Many regulated persons have claimed that rights they owned, or thought they owned, have been sold out from under them without their knowledge or consent. By requiring the execution of these infrequently processed documents in the presence of an Authority representative, a deterrent to such behavior will exist. We believe that is why the Legislature removed the discretion from the Authority to employ this process in relation to taxicabs and specifically mandated it in section 5718 of the act, and we believe it is a proper process for limousine transfers as well.
IRRC noted that the following sections of the regulations also require in-person interaction or execution of documents:
• Final-form § 1059.5(a)(2), which requires that the Authority's application to sell transferable rights be filed in-person.
• Final-form § 1059.5(b)(1), which requires that the parties to the agreement of sale execute the sale application in the presence of an Authority representative.
• Final-form § 1059.7(b)(1), which requires that the sale application be signed before an Authority representative on or before the date the agreement of sale is executed.
Each of these sections works in tandem and they find their basis in the same necessity referenced above. In addition, this focused ''team work'' approach results in a more promptly and accurately submitted application packet, which will speed the Authority's review and permit the parties to rapidly continue to provide service. In an ordinary case the parties will negotiate the terms of their agreement to transfer rights independent of the Authority and reduce that agreement to writing. Through the use of a broker or an attorney at law the sale application documents will be marshaled and prepared. The parties will appear by appointment at the Authority to submit the documents necessary to obtain approval for the transfer. They will execute the agreement of sale and the sale application and leave the documents for the Authority's review. This process causes the parties to the proposed sale to work together to assure that the documents necessary to complete the sale are promptly produced and are accurate at the time submitted. Again, it is a practice that has been in place since 2005.
Final-form § 1059.5. Application for sale of transferable rights.
Final-form § 1059.5 provides for the application procedure related to the sale of transferable rights, identifies the form application necessary to initiate the sale and the manner in which it must be filed. We incorporate our comments to § 1011.2 regarding brokers in response to a commentator's concerns about the use of brokers in this application context.
(d). Multiple rights. Subsection (d) provides that a single sale application may be used to transfer multiple transferable rights and that the transfer fee charged by the Authority will be based on the higher of the aggregate value of the rights transferred or the transfer fee for each right. IRRC questioned the basis for developing this method of calculating. This section does not establish a transfer fee. The transfer fee is set each year as provided in section 5707(b) of the act (relating to budget and fees). We have deleted reference to this calculation from the final-form regulations and believe it is more appropriately addressed in the Authority's annual budget and fee schedule process.
A commentator also generally referenced the inclusion of brokers in this process and expressed concerns about the unlawful practice of law. We incorporate our response to similar comments raised in regard to § 1001.10 and relating to the definition of ''broker.''
Final-form § 1059.6. Required application information.
Final-form § 1059.6 provides certain guidelines related to the information a person must supply as part of the process to obtain approval to sell rights.
(b)(3). Paragraph (3) requires a non-individual applicant to file a copy of the certificate of good standing issued by the Corporate Bureau. We believe that this requirement will be unnecessary for entities that already own a certificate of public convenience and have amended this paragraph to reflect that position in the final-form regulations. We believe that the current status of a non-individual proposed buyer of transferable rights is relevant to determining an entities fitness to operate a public utility, and that persons who are not already known to the Authority through the current ownership of rights must file the certificate of good standing, which is easily obtained from the Corporate Bureau. Including that document at the time of filing will permit a thorough and efficient review of the application.
(b)(11). Subsection (b)(11) requires certain persons affiliated with a limousine certificate of public convenience applicant to provide criminal background reports as part of the standard application process. The purpose of this requirement is to assure the public that persons with direct control or a strong influence over the business operations of the applicant meet the same criminal background check criteria applicable to those officially identified as the principals of the applicant. This issue applies most poignantly to non-individual applicants. The Authority believes that the criminal backgrounds of all applicants and the persons with business influence over those applicants, as provided in the regulations, should be evaluated when determining an applicant's qualifications to operate a public utility, such as a limousine certificate of public convenience, because that certificate holder will have direct financial dealings with the public and maintain certain personal information about the public, including names, addresses, travel habits, credit card information, etc.
Specifically, this subsection has been amended to clarify that the criminal history report must be issued within 30 days of the filing of the application.
(b)(13). Subsection (b)(13) requires a verified statement from the owner or proposed buyer of the transferable rights that each are in compliance with the terms of section 1051.6, which deals with current payments or fees, penalties, etc. This subsection has been amended simply to note the revised title of § 1051.6.
(b)(15). Subsection (b)(15) of the proposed regulations required the applicants to a sale to submit their Philadelphia Business Privilege license number. Because regulated parties will not be required through this rulemaking to obtain those licenses, this paragraph will be deleted from the final-form regulations.
Final-form § 1059.7. Additional application requirements.
Final-form § 1059.7 provides for a series of specific documents and other information that must be submitted along with an application pursuant to this chapter. Commentators suggested that this process was confusing or burdensome and questioned the power of the Authority to review these documents. The Authority is specifically changed with the duty to administer the transfer process and is authorized by section 5741.1(c)(3) to attach such conditions as we deem appropriate. We believe the review of the information noted in this section is crucial to our task of properly monitoring the transfer of limousine rights.
Final-form § 1059.8. Financial fitness generally.
Final-form § 1059.8 provides specific guidelines related to the Authority's review of an applicant's financial fitness to own and operate Authority rights.
(1). Paragraph (1) requires the proposed buyer of rights to have at least $5,000 in its bank account or 2% of the value of the rights it is acquiring. For example, if a person sought to purchase a medallion for $300,000, that person must have $6,000 in its bank account in unencumbered funds. IRRC noted a typographical error referencing taxicab medallions, which has been deleted from the final-form regulations and replaced with the term ''of the transferable rights.'' A typographical error in this section has been corrected to clarify that the only review will seek a balance of $5,000 or 2% of the value of rights sold, not $25,000.
IRRC questioned the basis for this specific requirement. We believe that the owner of a certificate of public convenience must have the financial capability of paying for the basic necessities associated with operating a public utility. The presence of this small amount of available financial resources, relative to the value of the rights acquired, will evidence that the proposed owner has the ability to at least initiate the use of the rights acquired, such the acquisition and preparation of vehicles or dispatch related equipment. The presence of those funds in an account for a period of 3 months helps to establish that the funds are actually the applicant's and are available; not simply placed there to make the applicant appear to have some financial resources. This provision does not apply to drivers, only persons who seek to own and operate these public utilities.
(4). Paragraph (4) requires disclosure of outstanding and unappealed civil judgments against the proposed buyer. IRRC questioned why this was necessary. The presence of outstanding and unappealed civil judgments against a proposed buyer is not a prohibition from ownership of transferable rights; it is a factor to be considered. However, the presence of such judgments may reveal economic exposure that will strain the ability of the proposed buyer to provide quality service through the certificate of public convenience and jeopardize the loss of equipment related to that service through execution on such judgments. We believe this is important information to consider when determining if the issuance of rights to a person is in the best interests of the public.
IRRC noted a typographical error relating to the numbering of paragraphs (3) and (4). Those paragraphs were misidentified because paragraph (2) was not used in this section. Therefore, paragraph (3) in the proposed form is paragraph (2) in the final-form regulation and paragraph (4) in the proposed form is paragraph (3) in the final-form regulation.
Final-form § 1059.9. Regulatory compliance review.
Final-form § 1059.9 provides that the Authority's review of an application to acquire transferable rights will include a review of any history of violations of the regulations of the Authority or the PUC. Applicants may not have been subject to a suspension, cancellation or revocation of rights by the Authority or common carrier rights regulated by the PUC during the year preceding the application date. IRRC questioned the meaning of the phrase ''regulatory compliance record'' in subsection (a). We have amended this subsection by replacing that phrase with ''record or regulatory violations,'' which we believe will be easily understood. The purpose of this provision is to place applicants on notice that a history of violations of Authority or PUC common carrier regulations will be considered when reviewing these applications to protect the public interest.
Final-form § 1059.10. Authority review.
Final-form § 1059.10 provides for the manner in which the Authority will review and approve applications for limousine certificates of public convenience. A commentator questioned the reasonableness of the Authority participation in the transfer process. We incorporate our response to comments to final-form § 1059.7.
Final-form § 1059.11. Approval process and closing on sale.
Final-form § 1059.11 provides that the Authority will review the sale application and schedule a closing on the sale to be witnessed by an Authority representative. Sales completed outside the presence an Authority representative are void. This procedure has been in place in Philadelphia since 2005.
(b). Subsection (b) provides that upon approval of a sale application, the Director will schedule a closing on the sale to be witnessed by an Authority representative. IRRC and another commentator questioned the power of the Authority to implement this subsection. These comments are identical to those of final-form § 1059.4 and we incorporate our response to those comments here.
(c). Subsection (c) provides that sales completed outside the presence an Authority representative are void. Our response to comments to subsection (c) above are incorporated here. IRRC identified a typographical error in this subsection being the identification of a section of the act which relates to taxicab matters and recommended that be removed. We agree with IRRC's comment and have deleted reference to that section.
Final-form § 1059.12. Settlement sheet.
Final-form § 1059.12 provides for the use of a specific settlement sheet at closings on the sale of a certificate and for information that must be included in that form. A commentator seemed to have questioned the reasonableness of the Authority participation in the transfer process. We incorporate our response to comments to final-form § 1059.7.
Final-form § 1059.13. Commencement of service.
Final-form § 1059.13 provides that the new limousine certificate holder must begin operations within 30 days of receipt of their certificate.
Chapter 1061. Brokers § 1061.1. Broker registration.
Section 1061.1 provides for the registration of limousine brokers. The regulations will not distinguish between a limousine broker and a taxicab or medallion broker. In our experience individuals involved in brokering activities of this nature tend to in engage in both types of transactions. Because there will be no distinction, this section incorporates the registration requirements and procedures of Chapter 1029 of the Authority's regulations. Brokers have been used in Philadelphia for these types of transaction since before the initiation of the Authority's regulation of the taxicab and limousine industry in Philadelphia and have been incorporated into our regulations since 2005.
The use and training of brokers is consistent with the legislative intent of the act. See 53 Pa.C.S. § 5701.1(2) and (3). We also incorporate here our response to final-form § 1059.4 and §§ 1029.5 and 1029.6 regarding the need for the regulation of these certificate sale services and for the regulation and training of brokers.
IRRC reasserted its comment to §§ 1029.4 and 1029.6 relating to the manner in which the Authority will view broker applicants who are subject to prosecution, but have not been arrested. We agree with IRRC's concern and believe we have adequately amended the regulations to address that concern, as referenced in our response to comments in §§ 1011.5 and 1029.4
Chapter 1063. Tariffs § 1063.1. Definition.
Section 1063.1 provides definitions related to this chapter on limousine tariffs.
§ 1063.2. Limousine rates and tariffs.
Section 1063.2 provides certain requirements related to the content and filing of limousine service tariffs with the Authority and prohibits the use of mileage calculations and the use of meters in limousines. This prohibition is a continuation of the Authority's current regulatory practice. The PUC also prohibits the use of meters in limousines. See 52 Pa. Code § 29.334 (relating to tariff requirements).
Commentators noted that a limousine certificate holder does operate with a meter in Philadelphia through a waiver. We agree and reference our response to comments to § 1001.1, which provides that the waiver under which this sole operator provides this metered limousine service will continue upon the effective date of these final-form regulations.
Chapter 1065. Insurance required § 1065.1. Limousine insurance.
Section 1065.1 provides parameters related to the levels of automobile insurance that must be carried by limousine certificate holders. The proposed regulation altered the current limousine requirements in Philadelphia by designating specifications of coverage beyond simply $1,500,000 combined single limit per accident level.
IRRC questioned the propriety of these insurance limits and the feasibility of finding multiple insurers to provide these lines. Commentators suggested these changes in coverage would increase the cost of obtaining automobile insurance for limousines. While the availability of insurance carriers for limousine automobile insurance at currently required levels is not as challenging to obtain as it can be in the taxicab industry, we recognize that a change to the limits and types of coverage to be maintained requires a more in depth analysis than this current large rulemaking process will allow.
Therefore, we will eliminate the proposed increase to insurance levels and amend this section to require the same level of automobile insurance required for limousines in Philadelphia since 2005. To the extent a subsequent change in relation to these lines of coverage is contemplated, we will initiate an advanced rulemaking and seek prior input and comment from the public, regulated parties and the insurance industry.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 31, 2011, the Authority submitted a copy of the notice of proposed rulemaking, published at 41 Pa.B. 435 (January 15, 2011), to IRRC and the Chairpersons of the House Urban Affairs Committee and the Senate Committee on Consumer Protection and Professional Licensure for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the House and Senate Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Commission has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on October 5, 2011, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on October 6, 2011, and approved the final-form rulemaking.
Conclusion
Accordingly, under sections 13 and 17 of the Act, 53 Pa.C.S. §§ 5722 and 5742; section 5505(d) of the Parking Authorities Act, act of June 19, 2001, (P. L. 287, No. 22), as amended, 53 Pa.C.S. §§ 5505(d)(17), (d)(23), (d)(24); sections 201 and 202 of the Act of July 31, 1968, (P. L. 769, No. 240), 45 P. S. §§ 1201—1202, and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2, and 7.5; section 204(b) of the Commonwealth Attorneys Act, 71 P. S. 732.204(b); section 745.5a of the Regulatory Review Act, 71 P. S. § 745.5a, the Authority proposes adoption of the final regulations pertaining to the regulation of taxicab and limousine service providers in the City of Philadelphia set forth in Annex A27 ; Therefore,
It Is Ordered That:
1. The regulations of the Authority, 52 Pa. Code, are adopted by adding §§ 1001.1—1001.10, 1001.11—1001.15, 1001.21—1001.28, 1001.31—1001.38, 1001.41—1001.43, 1001.51—1001.57, 1001.61, 1001.71, 1001.81, 1001.82, 1001.91, 1001.101, 1001.111, 1001.112, 1003.1, 1003.11—1003.13, 1003.21—1003.25, 1003.31, 1003.32, 1003.41—1003.43, 1003.51—1003.55, 1003.61, 1003.71—1003.76, 1005.1, 1005.11—1005.15, 1005.21—1005.24, 1005.31—1005.36, 1005.41—1005.45, 1005.51, 1005.61—1005.64, 1005.71, 1005.81—1005.83, 1005.91, 1005.101, 1005.102, 1005.111—1005.113, 1005.121—1005.124, 1005.131, 1005.141—1005.149, 1005.151—1005.153, 1005.161, 1005.162, 1005.171, 1005.181—1005.187, 1005.191, 1005.192, 1005.201—1005.204, 1005.211—1005.215, 1005.221, 1005.222, 1005.231, 1005.232, 1005.241—1005.243, 1011.1—1011.20, 1013.1—1013.4, 1013.21-—1013.23, 1015.1, 1015.2, 1017.1—1017.7, 1017.11—1017.14, 1017.21—1017.26, 1017.31—1017.44, 1017.51, 1017.52, 1017.61—1017.63, 1019.1—1019.14, 1021.1—1021.17, 1025.1—1025.6, 1027.1—1027.15, 1029.1—1029.22, 1051.1—1051.17, 1053.1, 1053.21—1053.24, 1053.31—1053.34, 1053.41—1053.43, 1055.1—1055.6, 1055.11—1055.21, 1055.31, 1055.32, 1057.1—1057.16, 1059.1—1059.13, 1061.1, 1063.1, 1063.2 and 1065.1 to read as set forth in Annex A.
2. The Executive Director shall cause this order and Annex A to be submitted to the Office of Attorney General for approval as to legality.
3. The Executive Director shall cause this order and Annex A to be submitted for review by the designated standing committees of both houses of the General Assembly, and for formal review by IRRC.28
4. The Executive Director shall cause this order and Annex A to be deposited with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
5. The Executive Director shall serve copies of this order and Annex A upon each of the commentators.
6. The regulations in Annex A shall become effective upon publication in the Pennsylvania Bulletin.
7. The contact person for this rulemaking is James R. Ney, Director, Taxicab and Limousine Division, (215) 683-9417.
VINCENT J. FENERTY, Jr.,
Executive Director(Editor's Note: Proposed §§ 1001.16, 1001.62, 1003.56, 1005.132, 1005.133, 1011.20, 1015.3—1015.5, 1017.63, 1019.13, 1023.1—1023.3, 1051.18, 1057.10 and 1059.2 included in the proposed rulemaking published at 41 Pa.B. 435 have been withdrawn by the Authority. Section 1055.32 was not included in the proposed rulemaking published at 41 Pa.B. 435.)
(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 41 Pa.B. 5724 (October 22, 2011).)
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) Certificate holders, brokers, taxicab drivers, limousine drivers, and other persons with current and valid rights issued by the Authority on December 3, 2011, shall maintain those rights through the Authority consistent with this part and the act.
§ 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.
(c) Subsection (a) supersedes 1 Pa. Code § 31.1 (relating to scope of part).
§ 1001.3. Liberal construction.
(a) This subpart shall be liberally construed to secure the just, speedy and inexpensive 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, Pennsylvania 19148(b) Subsection (a) supersedes 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, Pennsylvania 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 order redundant, immaterial, impertinent or scandalous matter 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. 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.phila park.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, Pennsylvania. Schedules for public meetings are advertised and posted under 65 Pa.C.S. Chapter 7 (relating to Sunshine Act) and copies of the schedule can be obtained on the Authority's web site at www.philapark.org.
§ 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.
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.
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.
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.
Arrest—Detaining, holding or taking into custody by police or other law enforcement authorities to answer for an alleged commission of an offense.
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 for authorities 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 transferable rights.
Call or demand service—Local common carrier service for passengers, rendered on an exclusive basis, when the service is characterized by the fact that passengers normally hire the vehicle and its driver either by telephone call or by hail, or both.
Certificate—
(i) A certificate of public convenience issued by the Authority under the act.
(ii) 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 this 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.
Common carrier—
(i) A common carrier by motor vehicle, within the scope of the act, who or which holds out or undertakes, directly or indirectly, the transportation of passengers within the City of Philadelphia by motor vehicle for compensation.
(ii) The term does not include common carriers by rail, water or air, and express or forwarding public utilities insofar as the common carriers or public utilities are engaged in these motor vehicle operations.
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.
Conviction—
(i) A finding of guilt or a plea of guilty or nolo contendere whether or not a judgment of sentence has been imposed as determined by the law of the jurisdiction in which the prosecution was held relating to any of the following:
(A) A felony.
(B) A crime involving moral turpitude.
(C) A crime requiring registration with the State Police as provided in 42 Pa.C.S. § 9795.1 (relating to registration) or similar statute in another jurisdiction.
(D) A crime subject to prosecution under 18 Pa.C.S. Chapter 25 (relating to criminal homicide) or similar statute in another jurisdiction.
(E) A crime subject to prosecution under 18 Pa.C.S. Chapter 27 (relating to assault) or similar statute in another jurisdiction.
(F) A crime subject to prosecution under 18 Pa.C.S. Chapter 29 (relating to kidnapping) or similar statute in another jurisdiction.
(G) A crime subject to prosecution under 18 Pa.C.S. Chapter 31 (relating to sexual offenses) or similar statute in another jurisdiction.
(ii) A crime resulting in an order of Accelerated Rehabilitative Disposition, prior to successful completion of the terms of the order.
(iii) Except as provided in subparagraphs (i) and (ii), the term does not include a misdemeanor or summary conviction or a conviction that has been expunged or overturned or for which an individual has been pardoned.
Crime involving moral turpitude—A crime determined by the Authority to be consistent with 22 Pa. Code § 237.9 (relating to crimes involving moral turpitude).
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).
Dispatcher—The owner of a certificate of public convenience to operate a dispatching service in Philadelphia issued by the Authority under section 5711(c)(6) of the act (relating to power of authority to issue certificates of public convenience) and Chapter 1019 (relating to dispatchers).
Electronic mail or email—A means of dispatching or receiving notice or a submittal in relation to an Authority matter through electronic means.
Enforcement Department—The department of the TLD created under § 1003.74 (relating to Enforcement Department).
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.
Exclusive service—Transportation on a given trip when the first or principal person, party or group hiring the vehicle has the exclusive right to determine where, when or if another passenger shall be carried on that trip.
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 begins 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 1005 (relating to formal proceedings).
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.
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.
Limousine—A vehicle authorized to by the Authority to provide limousine service.
Limousine driver—The individual to whom a current and valid limousine driver's certificate has been issued by the Authority under section 5706 of the act (relating to driver certification program).
Limousine service—The term as defined in section 5701 of the act (relating to definitions).
Manager of Administration—The individual appointed to manage the Administration Department of the TLD as provided in § 1003.72. The Manager of Administration may be contacted at TLD Headquarters or by email at TLDAdmin@philapark.org.
Manager of Enforcement—The individual appointed to manage the Enforcement Department of the TLD as provided in § 1003.74. The Manager of Enforcement may be contacted at TLD Headquarters or by email at TLDEnforcement@philapark.org
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.
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) A hearing officer as used in section 5705 of the act (relating to contested complaints).
(iii) 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.
Regulated person or regulated party—A certificate holder, broker, taxicab driver or other person subject to the act.
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.
Rights—A certificate of public convenience, driver's certificate, registration or waiver issued to a regulated party by the Authority under the act.
Sale—A change in ownership of a transferable right, including a change in ownership of securities in an entity that owns transferable rights.
Securities—The term as defined in section 102 of the Pennsylvania Securities Act of 1972 (70 P. S. § 1-102).
Staff—Employees or agents of the Authority assigned to implement the act, this part or an order of the Authority.
State Police—The Pennsylvania State Police.
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.
Taxicab—
(i) A motor vehicle designed for carrying no more than eight passengers, exclusive of the driver, as defined in section 5701 of the act and certified by the Authority under the act, this part or an order of the Authority.
(ii) The term includes partial-rights taxicabs, medallion taxicabs and other vehicles authorized by the Authority to provide call or demand service.
Taxicab certificate—
(i) A certificate issued by the Authority authorizing the holder to provide taxicab service under the act, this part or an order of the Authority.
(ii) The term includes medallion taxicab certificates and partial-rights taxicab certificates.
Taxicab driver—The individual to whom a current and valid taxicab driver's certificate has been issued by the Authority under section 5706 of the act.
Taxicab driver's certificate—The original photographic identification card issued by the Authority which confirms that an individual has complied with Chapter 1021 (relating to taxicab drivers) and is authorized to provide taxicab service under section 5706 of the act.
Taxicab service—
(i) The transportation of passengers or offering to transport passengers in a taxicab as a common carrier call or demand service in Philadelphia.
(ii) The term includes the stopping, standing or parking of a taxicab in a taxicab stand line or other location commonly used by the public to access taxicabs.
(iii) The term includes partial-rights taxicabs, medallion taxicabs and other vehicles authorized by the Authority to provide call or demand service.
Transferable rights—Rights issued by the Authority and identified as transferable in § 1027.2 (relating to transferable rights).
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 in 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. § 1001.11. 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) An order of a presiding officer will contain notice of the date the order will become 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).
(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 (relating to date of entry of orders). 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).
Subchapter C. REPRESENTATION BEFORE THE AUTHORITY Sec.
1001.21. Appearance. 1001.22. Appearance by attorney or certified legal intern. 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) Persons may be represented in accordance with § 1001.22 (relating to appearance by attorney or certified legal intern).
(c) Subject to subsections (a) and (b), 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.
(d) For an individual to represent an entity under subsection (c), 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 (c)(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 (c)(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 then deny the requested representational status of the individual if the information submitted appears inauthentic.
(e) Subsections (a)—(d) supersede 1 Pa. Code § 31.21 (relating to appearance in person).
§ 1001.22. Appearance by attorney or certified legal intern.
(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) A law student meeting the requirements in Pa.B.A.R. No. 321 (relating to requirements for formal participation in legal matters by law students and law school graduates) may appear in an Authority proceeding consistent with Pa.B.A.R. No. 322 (relating to authorized activities of certified legal interns).
(d) Subsections (a)—(c) supersede 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 or certified legal intern).
(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 will 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 information. A change in information provided in the notice of appearance 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:
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
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. Box/Address
City, state and zip code_________________
_________________Telephone Number
Telefacsimile Number
(including area code)_________________
_________________ Pennsylvania Attorney Email Address
I.D. No./ 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 will be grounds for exclusion from the hearing and for summary suspension without a hearing for the duration of the hearing.
(b) Subsection (a) supersedes 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) supersede 1 Pa. Code § 31.28 (relating to suspension and disbarment).
§ 1001.28. Power of attorney.
A certificate holder may be represented by one individual attorney-in-fact at appointments identified in this part or as otherwise permitted by law.
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.
(4) The unique identification number assigned to the Authority rights at issue in the pleading and the number assigned to any other Authority rights owned or issued to the filing party, or both, if any.
(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 AUTHORITYComplainant
:
Complainant,
:
:
v.
: Docket No.
:
Respondent
:
Respondent.
:
COMPLAINT (h) Supersession. Subsections (a)—(g) 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.
(b) Supersession. Subsection (a) supersedes 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. A pleading, submittal or other document shall 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 shall 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 shall 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 shall 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 must be in the following form:
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 must be in the following form:
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 with 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 pleadings, 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) Subsection (a) supersedes 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 under the 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 disapproval of the Legislature, under section 5707(b) of the act (relating to budget and fees).
(b) The Authority will provide general notice of the new fee schedule through publication in the Pennsylvania Bulletin. The Authority will provide direct notice of the fee schedule by email to each certificate holder as required under section 5707(b) of the act within 5 days of its effective date. The current fee schedule may be obtained from the Authority's web site at www.phila park.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:
(i) A certificate holder.
(ii) A broker.
(iii) A regulated person that has registered an email address with the Authority under subsection (c).
(iv) A person's attorney under § 1001.53(a) (relating to service on attorneys).
(v) A party to any Authority proceeding, including interveners and protestants for whom an email address is on file with the Clerk.
(vi) 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 identified in subsection (b)(3) or (c), or both, to notify the Clerk 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 shall be served upon parties in the proceeding and upon the presiding officer, if one has been assigned.
(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.
(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) Subsections (a) and (b) 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)(b) 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. The following number of copies of documents shall be served on other parties in a proceeding:
(1) Briefs.
(i) Service of hard copies—two copies.
(ii) Service by telefacsimile or electronic mail, when permitted—one copy.
(2) Other documents—one copy.
(b) Subsection (a) supersedes 1 Pa. Code § 33.37 (relating to number of copies).
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27 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.
28 The Governor's Budget Office has determined that rulemakings related to the Authority's Taxicab and Limousine Regulations do not require a fiscal note.
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