Subchapter C. APPLICATIONS AND PROTESTS
Sec.
1003.51. Applications generally.
1003.52. Contents of applications.
1003.53. Applications requiring notice.
1003.54. Protests.
1003.55. Applications for temporary certificate of public convenience.§ 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).
§ 1003.52. Contents of applications.
(a) Applications must conform to this section unless a form or other specific requirements are required in this part. Applications must include the information and be in a form the Authority requires, including the following:
(1) The application must be typed or printed. The application may not be handwritten. The Manager of Administration may accept handwritten driver applications if the application is legible.
(2) The application must state clearly and concisely the authorization or permission sought.
(3) The application must cite by appropriate reference the statutory provisions, regulations or other authority under which the authorization or permission is sought.
(4) The application must set forth, in the order indicated, the following:
(i) The exact legal name of the applicant.
(ii) The jurisdiction under the statutes of which the applicant was created or organized and the location of the principal place of business of the applicant, when the applicant is a corporation, trust, association or other entity.
(iii) The name, title, mailing address, telephone number and electronic mail address, if available, of the person to whom correspondence or communication in regard to the application is to be addressed. The Authority will serve, when required, notices, orders and other papers upon the person named, and service will be deemed to be service upon the applicant.
(b) Subsection (a) supersedes 1 Pa. Code § 35.2 (relating to contents of applications).
§ 1003.53. Applications requiring notice.
(a) Notice of applications to the Authority for rights under the act will be published in the Pennsylvania Bulletin and as may otherwise be required by the Authority. This subsection does not apply to applications for taxicab driver certificates or limousine driver certificates.
(b) Subsection (a) supersedes 1 Pa. Code § § 35.1 and 35.2 (relating to applications generally; and content of applications).
Cross References This section cited in 52 Pa. Code § 1003.54 (relating to protests); 52 Pa. Code § 1027.8 (relating to additional application requirements); and 52 Pa. Code § 1059.7 (relating to additional application requirements).
§ 1003.54. Protests.
(a) A person may file a protest to an application for Authority rights in one of the following circumstances:
(1) The person will be directly affected by the granting of the application.
(2) The protestant can and will provide all or part of the proposed service.
(b) A person objecting to the approval of an application shall file with the Clerk and serve upon the applicant and the applicant’s attorney, if any, a written protest which contains the following:
(1) The applicant’s name and the docket number of the application.
(2) The name, business address and telephone number of the protestant.
(3) The name, business address and telephone number of the protestant’s attorney or other representative.
(4) A statement of the protestant’s interest in the application, including a statement of any adverse impact which approval of the application can be expected to have on the protestant.
(5) A list of all Authority and PUC certificate or registration numbers under which the protestant operates, accompanied by a copy of any portion of the protestant’s authority upon which its protest is predicated.
(6) A statement of any restrictions to the application which would protect the protestant’s interest, including a concise statement of any amendment which would result in a withdrawal of the protest.
(7) Other information required by the notice published as provided in § 1003.53 (relating to applications requiring notice).
(c) At the time a protest petition is filed the protest fee shall be paid as provided in § § 1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule).
(d) A protest shall be filed within the time specified in the notice appearing in the Pennsylvania Bulletin, which will be at least 15 days from the date of publication. Failure to file a protest in accordance with this subsection shall bar subsequent participation in the proceeding, except when permitted by the Authority for good cause shown.
(e) Upon the filing of a timely protest, the application will be referred to a presiding officer of the Adjudication Department for a recommended decision as provided in § § 1005.201—1005.204 (relating to recommended decisions). TLD staff will participate in the protest proceeding.
(f) The protestant will be allowed to participate in the proceeding as a party intervenor.
(g) A protest will be treated as a pleading and the applicant may, within 20 days after the closing date for the filing of protests, file an answer to the protest. The failure of the applicant to answer a protest will be deemed a denial of the averments made therein.
(h) Upon withdrawal of all protests prior to the initiation of the recommended decision proceeding, an application will be decided by the Director as provided in § 1003.51 (relating to applications generally).
(i) Subsections (a)—(h) supersede 1 Pa. Code § § 35.23 and 35.24 (relating to protest generally; and effect of protest).
Cross References This section cited in 52 Pa. Code § 1003.51 (relating to applications generally); and 52 Pa. Code § 1003.55 (relating to applications for temporary certificate of public convenience).
§ 1003.55. Applications for temporary certificate of public convenience.
(a) Application.
(1) An applicant for a certificate of public convenience may seek temporary use of the rights requested on an expedited basis.
(2) A request for temporary rights shall be made through the relevant application form which may be obtained on the Authority’s web site at www.philapark.org/tld.
(3) Temporary rights issued by the Authority will expire automatically and without further notice in the following manner:
(i) On the expiration date provided at the time the temporary rights are granted, which may not exceed 6 months from the date the temporary rights are granted.
(ii) On the date the application for nontemporary rights is granted or denied.
(4) The Authority will include the applicant’s request for temporary rights in the notice of application published in the Pennsylvania Bulletin.
(b) Standard for granting temporary certificates. Temporary certificates are disfavored. Temporary rights will only be issued to an applicant for a certificate in the following circumstances:
(1) The applicant clearly identifies that an emergency situation that necessitates the granting of emergency rights exists in Philadelphia.
(2) The Authority determines that an emergency condition does exist in Philadelphia and that the immediate granting of the temporary rights will assist in the amelioration of the emergency.
(3) The applicant appears from the initial review of the application to be capable of safely and adequately providing service, including the filing of compliant rates, tariffs and proof of insurance.
(c) Revocation of temporary certificate. A grant of a temporary certificate may be later revoked by the Authority if it determines that the applicant is unfit under this subpart.
(d) Continuation of temporary certificate. Temporary certificates issued under this section may not be renewed or extended. A person may apply for new temporary rights upon the expiration of any previously granted temporary rights.
(e) Filing of protests. A person who can and will provide all or part of the proposed service may file a protest to the temporary certificate. Protests shall be consistent with § 1003.54 (relating to protests). The protest must indicate whether it protests the application for temporary rights or for permanent rights, or both.
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