§ 1003.51. Applications generally.
(a) Form. Applications for authorization or permission filed with the Authority must conform to the requirements in this part.
(b) Review. Applications in nonadversarial proceedings will be reviewed by the Director. Applications in adversarial proceedings will be referred by the Director to a presiding officer with instructions to conduct hearings to develop an evidentiary record.
(c) Approval. In nonadversarial proceedings, the Director will make recommendations related to the approval of an application to the Authority. In adversarial proceedings, the presiding officer will issue a recommended decision related to the approval of an application to the Authority.
(d) Denial. The Director or the presiding officer may deny an application. The denial will be in writing and clearly detail the reasons the application was denied. Applications denied by the Director may be appealed as provided in § 1005.24 (relating to appeals from actions of the staff). Applications denied by the presiding officer shall be subject to exceptions as provided in § 1005.211 (relating to exceptions to recommended decisions).
(e) Protest. Applications subject to protest shall be deemed to be adversarial proceedings and shall proceed as provided in § 1003.54 (relating to protests).
(f) Compliance; conditions for approval for certificate or registration.
(1) When the Authority approves an application related to a certificate of public convenience for taxicab, limousine or dispatcher services or a broker registration, the applicant will be notified of the approval by email.
(2) The applicant shall file with the Authority within 30 days of receipt of the notice of approval or settlement, if applicable, a certificate of insurance or other security required by this part, relating to insurance and security for the protection of the public.
(3) The applicant shall file all required tariffs and lists of applicable rates and charges with the Director prior to exercising any rights granted by the Authority.
(4) The Authority will not issue a certificate or registration until the requirements in this subsection and in the Authority’s approval notice have been met.
(5) Failure of an applicant to comply with this section within the 30-day period referenced in paragraph (2) along with any other time periods directed in the Authority’s approval notice may result in the dismissal of the application and rescission of prior approval, unless the Authority has, upon written request demonstrating good cause, extended the time for compliance.
(6) This subsection is intended to supplement the application requirements related to each specific certificate or registration as provided in this part.
(g) Supersession. Subsections (a)—(f) supersede 1 Pa. Code § 35.1 (relating to applications generally).
Authority The provisions of this § 1003.51 temporarily amended under 53 Pa.C.S. § 57B02.
Source The provisions of this § 1003.51 temporarily amended May 5, 2017, effective February 25, 2017, expire upon promulgation of final-form regulations or on November 5, 2018, whichever is later, as set forth in 53 Pa.C.S. § 57B02(b), 47 Pa.B. 2558. Immediately preceding text appears at serial pages (372494) and (360353).
Cross References This section cited in 52 Pa. Code § 1003.54 (relating to protests); 52 Pa. Code § 1011.18 (relating to application review generally); 52 Pa. Code § 1019.12 (relating to bond required); 52 Pa. Code § 1027.11 (relating to authority review); 52 Pa. Code § 1051.17 (relating to application review generally); and 52 Pa. Code § 1059.10 (relating to authority review).
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