52 Pa. Code § 1005.23. Petitions for issuance, amendment, repeal or waiver of Authority regulations.

§ 1005.23. Petitions for issuance, amendment, repeal or waiver of Authority regulations.

(a)  A petition to the Authority for the issuance, amendment, waiver or repeal of a regulation shall be filed with the Clerk and set forth clearly and concisely the interest of the petitioner in the subject matter, the specific regulation, amendment, waiver or repeal requested, and cite by appropriate reference the statutory provision or other authority involved.
(b)  A petition under this section must set forth the purpose of and the facts claimed to constitute the grounds requiring the regulation, amendment, waiver or repeal.
(c)  In addition to other considerations, the relief sought in a petition under this section will not be granted if the Authority determines that the requested relief is inconsistent with the purposes of the act, will disrupt or harm taxicab or limousine operations in Philadelphia or will adversely affect the public interest.
(d)  A copy of the petition shall be served on all persons directly affected by the petition, the Director, General Counsel, and as otherwise required by the Authority. Service shall be evidenced with a certificate of service filed with the petition.
(e)  A petition for the issuance or amendment of a regulation must incorporate the proposed regulation or amendment.
(f)  A petition for waiver of a regulation will initially be determined by the Director upon submission of documents. The Director’s decision is subject to appeal as provided in §  1005.24 (relating to appeals from actions of the staff).
(g)  Subsections (a)—(f) supersede 1 Pa. Code §  35.18 (relating to petitions for issuance, amendment, waiver or deletion of regulations).

Cross References

   This section cited in 52 Pa. Code §  1001.7 (relating to amendment to rules); 52 Pa. Code §  1001.101 (relating to applications for waiver of formal requirements); 52 Pa. Code §  1017.4 (relating to age and mileage limitations); and 52 Pa. Code §  1055.3 (relating to limousine age and mileage parameters).

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