Subchapter E. TAXICAB AND LIMOUSINE DIVISION
Sec.
1003.71. Definitions.
1003.72. TLD staffing generally.
1003.73. Adjudication Department.
1003.74. Enforcement Department.
1003.75. Office of Trial Counsel.
1003.76. Conduct.§ 1003.71. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context indicates otherwise:
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.
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).§ 1003.72. TLD staffing generally.
(a) Director. The Authority’s Executive Director will designate a Director of the TLD to administer the operations of TLD staff and to perform the specific functions provided in the act, this part and the orders of the Authority.
(b) Manager of Administration. The Executive Director will designate a Manager of Administration to complete the tasks directed by this part. The Manager of Administration will report to the Director.
(c) Administration. The Authority’s Executive Director will designate additional staff and internal TLD departments not otherwise required under this subpart to assist the Director and Manager of Administration with the implementation of the act, this part and orders of the Authority.
Cross References This section cited in 52 Pa. Code § 1001.10 (relating to definitions).
§ 1003.73. Adjudication Department.
(a) Designation. The TLD will include an Adjudication Department to provide for the administration of hearings and appeals related to enforcement actions and as otherwise provided for in the act, this part or an order of the Authority.
(b) Standing presiding officers. The Authority will appoint at least one individual to the Adjudication Department as a standing presiding officer to facilitate the purposes of the act and this part related to hearings and appeals. The Authority may assign additional tasks to the Adjudication Department, including the obligation to produce a recommended decision under § § 1005.201—1005.204 (relating to recommended decisions).
(c) Qualifications. A presiding officer appointed to the Adjudication Department shall have been admitted to practice law before the Supreme Court of Pennsylvania for at least 7 years prior to the date of designation.
(d) Additional staff. The Executive Director may designate additional Adjudication Department staff necessary to provide for the orderly operation of the Department, including court reporters.
(e) Supersession. Subsections (a)—(d) supersede 1 Pa. Code § § 35.185—35.187 (relating to designation of presiding officers; disqualification of a presiding officer; and authority delegated to presiding officers).
Cross References This section cited in 52 Pa. Code § 1003.1 (relating to definitions); and 52 Pa. Code § 1005.181 (relating to designation of presiding officer).
§ 1003.74. Enforcement Department.
(a) The TLD will include an Enforcement Department to be comprised of staff and inspectors necessary to conduct all functions necessary for the enforcement of the act, this part or an order of the Authority, including the following:
(1) To examine the condition and management of any entity providing taxicab service, limousine service or other products or services subject to the act.
(2) To provide technical support to trial counsel in all prosecutorial proceedings.
(3) To initiate certain formal complaints as provided in § 1005.13 (relating to citation complaints by the Authority).
(b) The Enforcement Department will be supervised by a manager appointed by the Executive Director, who will report to the Director for administrative purposes only.
Cross References This section cited in 52 Pa. Code § 1001.10 (relating to definitions).
§ 1003.75. Office of Trial Counsel.
(a) Designation. The TLD will include an Office of Trial Counsel to be comprised of at least one attorney admitted to practice law before the Supreme Court of Pennsylvania. Trial counsel will be appointed by the Executive Director and will provide legal counsel and representation to the following departments:
(1) The Enforcement Department.
(2) Other departments of the Authority permitted by the act, this part or order of the Authority.
(b) Duties generally. The Office of Trial Counsel has the following duties and powers:
(1) To advise the Enforcement Department on all matters, including the granting of rights, certificates or registrations, the conduct of background investigations, audits and inspections and the investigation of potential violations of the act, this part or an order of the Authority.
(2) Make recommendations and objections relating to the issuance of certificates, registrations or other rights.
(3) Initiate, in its sole discretion, proceedings for violations of the act, this part or an order of the Authority by filing a complaint or other pleading with the Authority seeking civil fines or penalties, the imposition of conditions on a certificate, registration, other right or the suspension or cancellation of conditions on a certificate, registration or other right.
(4) Withdraw, amend or otherwise alter, in its sole discretion, a complaint or other pleading with the Authority in a manner consistent with this part.
(5) Act as the prosecutor in enforcement proceedings.
(6) Seek a settlement that may include fines, penalties or other actions or limitations on rights subject to approval by the presiding officer.
(7) Appear at administrative hearings and other proceedings before a presiding officer or the Authority.
(c) Supervision. The Office of Trial Counsel will be supervised by the then longest continually appointed trial counsel and will have no reporting obligations to the Director. The supervising trial counsel will report to the General Counsel on administrative matters and otherwise adhere to the requirements in this subchapter.
Cross References This section cited in 52 Pa. Code § 1001.10 (relating to definitions); and 52 Pa. Code § 1003.71 (relating to definitions).
§ 1003.76. Conduct.
(a) Trial counsel representing the Enforcement Department, or an employee involved in the hearing process, may not discuss the case ex parte with a presiding officer assigned to the case, the General Counsel or an attorney assigned to the case by the General Counsel.
(b) A presiding officer, the General Counsel or an attorney assigned to the case by the General Counsel or a member of the Authority may not discuss or exercise a direct supervisory responsibility over any employee with respect to an enforcement hearing with which the employee is involved.
(c) If it becomes necessary for the General Counsel or an attorney appointed by the General Counsel or a member of the Authority to become involved on behalf of the Authority in any formal proceeding, the General Counsel or an attorney appointed by the General Counsel or the member of the Authority involved shall be prohibited from participating in the adjudication of that matter.
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