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).
Cross References This section cited in 52 Pa. Code § 1001.22 (relating to appearance by attorney or certified legal intern); and 52 Pa. Code § 1001.23 (relating to other representation prohibited at hearings).
§ 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).
Cross References This section cited in 52 Pa. Code § 1001.21 (relating to appearance); and 52 Pa. Code § 1001.23 (relating to other representation prohibited at hearings).
§ 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).
Cross References This section cited in 52 Pa. Code § 1001.53 (relating to service on attorneys).
§ 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).
Cross References This section cited in 52 Pa. Code § 1005.186 (relating to manner of conduct of hearings).
§ 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.
Cross References This section cited in 52 Pa. Code § 1013.36 (relating to bid opening); 52 Pa. Code § 1017.41 (relating to attendance at scheduled inspection); 52 Pa. Code § 1027.6 (relating to application for sale of transferable rights); 52 Pa. Code § 1029.10 (relating to broker agreements required); 52 Pa. Code § 1055.18 (relating to attendance at scheduled inspection); 52 Pa. Code § 1059.5 (relating to applications for sale of transferable rights); and 52 Pa. Code § 1059.7 (relating to additional application requirements).
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