reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.14 - Aircraft fueling and oil dispensing services

Current through Register Vol. 54, No. 28, July 13, 2024
The minimum requirements for aircraft fueling and oil
						  dispensing services are as follows:
(1)
Compliance with applicable
						regulations.
Fuel storage and handling, including the storage and
						handling of hazardous materials, shall be in compliance with applicable
						Federal, State and local regulations.
(2)
Fuel products.
The FBO
						shall provide into-plane retail delivery of an industry standard or recognized
						brand of aviation fuel product required in the operation of all types of
						aircraft normally frequenting the airport facility. Pumps for dispensing the
						fuel shall be provided at a location accessible to airport customers. The FBO
						shall make mobile fuelers available and accessible at all times to ensure that
						the same grades of fuel are dispensed at any point at the airport facility as
						may be required to accommodate the needs of other lessees or the general
						public.
(3)
Fueling
						facilities-storage area.
The requirements for storage area fueling
						facilities are as follows:
(i) The area shall
						be clearly defined and located away from the aircraft parking area.
(ii) Tank filler caps shall be kept locked to
						avoid the possibility of contamination or sabotage.
(iii) Fillers and pumps shall be color coded
						and placarded as to octane or fuel grade, or both.
(iv) Electrical grounding/bonding shall be
						provided for refueling operations.
(v) Fuel hoses and nozzles shall be stored in
						a clean, sheltered area or protected in some manner from the elements and
						contaminants.
(vi) Fuel shall be
						filtered. A regular inspection of the filters shall be conducted in accordance
						with the most current FAA Advisory Circular entitled, "Aircraft Fuel Storage,
						Handling and Dispensing on Airports" or NFPA Part 407, "Aircraft Fuel Service,"
						or both. Written records of filter inspections shall be kept on file with the
						FBO for 1 year and shall be available for review by the Department upon
						request.
(vii) Fuel tanks shall be
						checked daily, or prior to the first refueling of the day, for water and
						contamination. A written record of these inspections shall be kept on file with
						the FBO for 1 year and shall be available for review by the Department upon
						request.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.15 - Aircraft parking, tie-down and hangar storage services

Current through Register Vol. 54, No. 28, July 13, 2024
The minimum requirements for aircraft parking, tie-down
						  and hangar storage are as follows:
(1)
Ramp area.
(i) The FBO shall
						provide taxi lines to refuel. Tie-down and hangar areas shall be provided for
						directional convenience and safety of transient and local based customer
						aircraft.
(ii) FBO facilities shall
						comply with the most current FAA Advisory Circular entitled, "Aircraft Ground
						Handling and Servicing."
(iii) The
						parking of unairworthy aircraft is not permitted. The Director or a designee
						will determine if an aircraft is unairworthy.
(iv) The FBO is responsible for providing
						taxi pavement marking lines and marking for parking transient aircraft upon its
						leased ramp area. Entrance guidance signs or pavement markings from adjoining
						taxiway, or both, shall be the responsibility of the airport
						management.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.16 - Airframe, power plant and accessory services

Current through Register Vol. 54, No. 28, July 13, 2024
The minimum requirements for airframe, power plant and
						  accessory services are as follows:
(1)
General.
The FBO shall provide comprehensive maintenance
						services.
(2)
Equipment.
Sufficient equipment, supplies and parts shall be
						provided to perform services in accordance with the manufacturer's
						recommendations or the equivalent thereof.
(3)
Personnel.
Mechanics
						holding proper FAA certification, along with other personnel-trained in
						accordance with applicable FAA regulations-as may be required, shall be
						available to perform maintenance services.
(4)
Hours of operation.
The
						minimum operating hours shall be from 8 a.m. to 4 p.m., Monday through Friday.
						At other times, an FAA-certified mechanic or Federal Communications Commission
						licensed specialist, or both, shall be on call and available to respond to
						emergency customer service requests.
This section cited in 67 Pa. Code §
														476.13 (relating to mandatory
							 services); and 67 Pa. Code §
														476.22 (relating to negotiated
							 services).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.17 - Radio and instrument services

Current through Register Vol. 54, No. 28, July 13, 2024
The minimum requirements for radio and instrument
						  services are as follows:
(1)
Personnel.
Personnel trained and qualified in accordance with
						applicable FAA regulations shall be provided.
(2)
Equipment.
Sufficient
						equipment required to perform needed services shall be available.
This section cited in 67 Pa. Code §
														476.13 (relating to mandatory
							 services); and 67 Pa. Code §
														476.22 (relating to negotiated
							 services).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.18 - Air taxi and charter services

Current through Register Vol. 54, No. 28, July 13, 2024
The minimum requirements for air taxi and charter
						  services are as follows:
(1)
General.
The FBO shall hold a current FAA Air Taxi Commercial
						Operator's Certificate in accordance with the FAA regulations at 14 CFR Part
						135 (relating to air taxi operators and commercial operators).
(2)
Personnel.
An
						FAA-certified crew shall be available to conduct air taxi services for each
						aircraft.
(3)
Aircraft.
Aircraft shall comply with the requirements of the
						Air Taxi Commercial Operator Certificate held. Each operated aircraft shall be
						owned by or leased to the FBO, evidence of which shall be demonstrated by a
						title or lease agreement. Leased aircraft shall be under the exclusive control
						of the FBO. Maintenance of the aircraft shall meet the applicable requirements
						of 14 CFR Part 135.
(4)
Hours of operation.
Air taxi service shall be offered subject
						to the availability of personnel and aircraft.
This section cited in 67 Pa. Code §
														476.13 (relating to mandatory
							 services); and 67 Pa. Code §
														476.22 (relating to negotiated
							 services).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.19 - Flight training services

Current through Register Vol. 54, No. 28, July 13, 2024
The minimum requirements for flight training services
						  are as follows:
(1)
General.
The FBO may engage in flight training. Flight and
						ground school instruction shall be conducted in conformance with FAA laws and
						regulations and with recommended standards in advisory circulars applicable to
						the types of training offered.
(2)
Personnel.
FAA-certified flight instructors shall be
						provided.
(3)
Aircraft.
FAA-certified aircraft shall be utilized and shall
						be under the exclusive control of the FBO.
(4)
Operation.
Flight
						instruction shall be offered when weather permits.
This section cited in 67 Pa. Code §
														476.13 (relating to mandatory
							 services); and 67 Pa. Code §
														476.22 (relating to negotiated
							 services).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.20 - Ground handling support services

Current through Register Vol. 54, No. 28, July 13, 2024
The minimum requirements for ground handling support
						  services are as follows:
(1)
Personnel.
Personnel trained and qualified in accordance with
						applicable FAA regulations shall be provided.
(2)
Equipment.
Sufficient
						equipment required to perform services shall be available.
This section cited in 67 Pa. Code §
														476.13 (relating to mandatory
							 services); and 67 Pa. Code §
														476.22 (relating to negotiated
							 services).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.21 - Optional and special services

Current through Register Vol. 54, No. 28, July 13, 2024
General services or other services not specifically
						  provided for in this section may be conducted by the FBO, subject to
						  application to and approval by the Director. Written terms and conditions for
						  the privilege of engaging in these optional services shall be determined
						  subsequent to application and shall be commensurate with the nature and scope
						  of the services proposed, with consideration given to the availability of
						  facilities capable of supporting the proposed services. Optional services may
						  include:
(1) Aerial
						advertising.
(2) Aerial photography
						or survey.
(3) Power line or
						pipeline patrol.
(4) Aircraft
						sales. The FBO may offer for sale to the public new and used aircraft. The FBO
						shall provide for spare parts and repair service necessary to meet the
						warranties for the make and model of aircraft for which sales privileges are
						granted. The FBO, as a dealer/distributor/broker, may be authorized to
						represent one or more major aircraft manufacturers.
(5) Other operations not excluded from the
						FAA regulations at 14 CFR Part 135 (relating to air taxi operators and
						commercial operators).
This section cited in 67 Pa. Code §
														476.22 (relating to negotiated
							 services).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.22 - Negotiated services

Current through Register Vol. 54, No. 28, July 13, 2024
The Department reserves the right to negotiate for
						  specific services provided for in §§
												476.14-476.21, as well as other services
						  not specified in this chapter.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.23 - Specific exclusions applicable to FBOs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Excluded operations.
The
						following concessions and their establishments are specifically excluded from
						the lease of an FBO:
(1) Ground
						transportation for hire.
(2) Barber
						and valet services.
(3) Wholesale
						or retail sale of nonaviation products including food and beverage sales
						through vending machines and newspapers.
(4) Automobile gasoline sales.
(5) Automobile maintenance and repair service
						for vehicular equipment of the public or other tenants of the
						airport.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.24 - Application procedure for conducting fixed based operations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Request
						to conduct fixed base operations.
A person desiring to conduct fixed
						base operations at a Commonwealth-owned airport shall submit an application to
						the Bureau detailing the applicant's plans to meet the requirements of this
						chapter and the proposed timetable for meeting these requirements. The
						Department may request additional information from an applicant if the
						application does not contain the schematics necessary to meet the requirements
						of this chapter.
(b)
Response to request application.
The Bureau will submit a
						written response to the applicant within 30 days of receipt of the application.
						The Department's decision will be based on the following criteria:
(1) The applicant demonstrates it can meet
						the requirements contained in this chapter.
(2) The applicant demonstrates its ability to
						comply with applicable Federal, State and local regulations.
(3) The applicant demonstrates the need for
						additional fixed based operations services to meet the continued growth and
						development of the airport facility.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.25 - Lease agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approval of application.
Once an application to conduct fixed
						base operations is granted by the Bureau, the FBO and the Department will enter
						into a lease agreement in accordance with this chapter and other conditions
						upon which the Department and the FBO may agree.
(b)
Minimum standards.
The
						standards contained in this chapter are only minimum standards, and the
						Department reserves the right to impose, by lease agreement, more stringent
						standards than those in this chapter.
(c)
Questions or issues regarding
						terms of lease agreement.
If an FBO has a question or issue regarding
						the lease agreement, the FBO shall submit a written proposal concerning this
						matter to the Bureau. The Director or a designee will issue a response in
						writing within 30 days of receipt of the proposal.
(d)
Offering of services.
The FBO may not begin offering services until the lease agreement has been
						executed by the Department and the Department has received the required legal
						and fiscal approvals.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.26 - Existing fixed base operating agreements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Existing agreement
						preemption.
Fixed base operating agreements in place as of March 15,
						1997, shall preempt the minimum standards in this chapter until those
						agreements terminate, unless the Department and an FBO agree to amend an
						agreement to be consistent with these minimum standards.
(b)
Airline operating
						agreements.
Privileges granted to airlines in accordance with airline
						operating agreements are excluded from this chapter.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › ELIGIBILITY REQUIREMENTS AND CRITERIA › Section 476.27 - Compliance inspections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Inspection of FBO facilities.
The airport management shall
						conduct at least one compliance inspection of FBO facilities each year to
						ensure compliance with this chapter and the lease agreement. Deficiencies
						detected shall be reported to the FBO in writing within 5 days of completion of
						the inspection.
(b)
Corrections.
The operator shall make corrections within 24
						hours of receipt of the written report and shall provide the Bureau with
						written notice of completion.
(c)
Proposed schedule of corrections.
For deficiencies requiring
						more than 24 hours to correct, the FBO shall submit a proposed schedule of
						corrections to the Bureau for approval. The FBO shall submit the proposed
						schedule within the time frame designated by airport management in the written
						report.
(d)
Cancellation of
						lease agreement.
Failure to make required corrections within the time
						frame specified by the Bureau will result in cancellation of the FBO's lease
						agreement.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › WAIVER AND APPEAL › Section 476.51 - Waiver

Current through Register Vol. 54, No. 28, July 13, 2024
The Department, for good cause, may waive compliance
						  with the criteria or requirements, or both, of this chapter if the waiver is
						  not inconsistent with the code. A waiver is considered granted if the FBO
						  submits a written request to the Director and receives a formal written
						  response granting the request.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 476 - MINIMUM STANDARDS FOR CONDUCTING FIXED BASE OPERATIONS AT COMMONWEALTH-OWNED AIRPORTS › WAIVER AND APPEAL › Section 476.52 - Appeal

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant aggrieved by a decision of the Bureau may
						  appeal by requesting an administrative hearing under
						  2
						  Pa.C.S. §§
													501-508 and
						  701-704 (relating to
						  Administrative Agency Law), 1 Pa. Code Part II (relating to general rules of
						  administrative practice and procedure) and Chapter 491 (relating to
						  administrative practice and procedure).
This section cited in 67 Pa. Code §
														476.24 (relating to application
							 procedure for conducting fixed base
							 operations).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 477 - LOCAL REAL ESTATE TAX REIMBURSEMENT GRANTS › Section 477.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth requirements and criteria
						relating to local real estate tax reimbursement grants for those portions of
						public airports which are aviation-related areas.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 477 - LOCAL REAL ESTATE TAX REIMBURSEMENT GRANTS › Section 477.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The words and terms used in this chapter have the same
						meaning as they are given in §
											471.2 (relating to definitions),
						unless the context clearly indicates otherwise.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 477 - LOCAL REAL ESTATE TAX REIMBURSEMENT GRANTS › Section 477.3 - Eligibility requirements and criteria

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The airport shall be an appropriately
					 licensed public airport located in this Commonwealth to qualify for a Local
					 Real Estate Tax Reimbursement Grant.
(b) The amount of reimbursement requested by
					 an airport sponsor shall represent only that portion of local real estate taxes
					 which represents the aviation-related area.
(c) The local real estate taxes for the year
					 requested shall have been paid by the airport owner.
(d) The amount of reimbursement requested may
					 not include amounts which represented late payments, penalties or interest, or
					 both.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 477 - LOCAL REAL ESTATE TAX REIMBURSEMENT GRANTS › Section 477.4 - Application procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Owners
					 shall submit a written request to the Bureau for an application requesting a
					 Local Real Estate Tax Reimbursement Grant.
(b) The Bureau will send an application to
					 the owner.
(c) The owner shall
					 complete the application and submit it before the deadline set forth in §
					 477.5 (relating to deadlines).
(d)
					 A request shall set forth the following information:
(1) The name of the airport.
(2) A description of the airport.
(3) A deed or other instrument of conveyance
					 verifying ownership, including a narrative legal description of the metes and
					 bounds of the airport property.
(4)
					 A brief sketch which shows approximate property lines and defines the aviation
					 related area of the airport.
(5) A
					 copy of the current agreement of maintenance required by section 6124 of the
					 code (relating to agreement of maintenance).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 477 - LOCAL REAL ESTATE TAX REIMBURSEMENT GRANTS › Section 477.5 - Deadlines

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The deadline
					 for applications for local real estate tax reimbursement grants, for taxes paid
					 during calendar year 1986 and thereafter, shall be the close of business on
					 February 1 of the year following the year to which the request is applicable.
					 This deadline does not apply to applications pertaining to the 1985 tax year.
					 The deadline for the 1985 tax year is 60 days from the date of announcement by
					 the Department of the availability of local real estate tax reimbursement
					 grants.
(b) If the deadline for
					 applications occurs on a legal holiday when Commonwealth offices are closed,
					 the deadline for applications is the close of business on the next business
					 day.
(c) Applications which are
					 incomplete may be excluded from consideration for the year to which the request
					 is applicable.
This section cited in 67 Pa. Code §
													477.4 (relating to application
						  procedure).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 477 - LOCAL REAL ESTATE TAX REIMBURSEMENT GRANTS › Section 477.6 - Public records

Current through Register Vol. 54, No. 28, July 13, 2024
An application for a local real estate tax reimbursement
						grant made under this chapter is considered a document of public record at the
						time of filing, and will be made available to persons for
						inspections.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 477 - LOCAL REAL ESTATE TAX REIMBURSEMENT GRANTS › Section 477.7 - Offer and acceptance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Department will make an offer of a Tax Reimbursement Grant to eligible
					 owners.
(b) An owner has 30 days
					 from receipt of the offer to accept or reject the offer. Nonacceptance within
					 the 30 day response period will be considered a rejection of the
					 offer.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 477 - LOCAL REAL ESTATE TAX REIMBURSEMENT GRANTS › Section 477.8 - Denial of reimbursement

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
					 owner found by the Department to be ineligible for a local real estate tax
					 reimbursement grant, or portion thereof, will receive written notice from the
					 Department.
(b) The written notice
					 required in subsection (a) will set forth the reasons for the denial.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 477 - LOCAL REAL ESTATE TAX REIMBURSEMENT GRANTS › Section 477.9 - Violation

Current through Register Vol. 54, No. 28, July 13, 2024
A violation of the agreement of maintenance makes the
						owner liable for the repayment of the local real estate tax reimbursement grant
						for the most recent year that a grant was received, plus a penalty of two times
						the grant. In an action wherein the owner is found to have violated the
						agreement of maintenance, the Department will receive costs of
						prosecution.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 479 - OBSTRUCTION TO AIRCRAFT › Section 479.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter sets forth instructions to persons who
						desire to erect, add to or maintain obstructions to aircraft.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 479 - OBSTRUCTION TO AIRCRAFT › Section 479.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The words and terms used in this chapter have the same
						meaning as they are given in §
											471.2 (relating to definitions),
						unless the context clearly indicates otherwise.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 479 - OBSTRUCTION TO AIRCRAFT › Section 479.3 - Approach area obstruction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person who erects or maintains a smoke stack, flag pole, elevated tank, radio
					 station tower, antenna, building, structure, object or natural growth or other
					 obstruction to the operation of aircraft within an approach area that extends
					 above an inclined plan, shall first obtain approval from the
					 Department.
(b) A person who fails
					 to obtain approval from the Department prior to erecting or maintaining an
					 approach area obstruction commits a summary offense under section 5701(a) of
					 the code (relating to Department approval).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article IV - Air Transportation › Chapter 479 - OBSTRUCTION TO AIRCRAFT › Section 479.4 - Airport obstructions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person who plans to erect a new structure, to add to an existing structure or
					 to erect or maintain an object-natural or manmade-as defined in
					 14 CFR
					 77.13(a) (relating to
					 construction or alteration requiring notice) shall first obtain approval from
					 the Department by submitting a written notice (Form AV-57) to the Department at
					 least 30 days prior to commencement thereof.
(b) A person who fails to obtain the approval
					 from the Department prescribed in this section prior to erecting a new
					 structure, adding to an existing structure or erecting or maintaining an object
					 in violation of 14 CFR
					 77.13(a) commits a summary
					 offense under section 5701(b) of the code (relating to Department
					 approval).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.1 - Applicability of General Rules

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter supplements and supersedes inconsistent
						provisions in the General Rules.
(1)
					 This chapter applies to activities and proceedings before the Department in
					 matters under
					 2
					 Pa.C.S. §§
												501-508 and
					 701-704 (relating to the
					 Administrative Agency Law) which are not vested in other bodies by
					 law.
(2) To the extent this chapter
					 does not supplement nor supersede the General Rules, the General Rules will
					 apply to activities and proceedings before the Department.
The provisions of this §
													491.1 amended under the
						  Administrative Agency Law,
						  2
						  Pa.C.S. §§
														501-508 and
						  701-704.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this chapter,
						have the following meanings, unless the context clearly indicates
						otherwise:
Date of filing
-The date a legal document
						is received at the office of the Department.
Date of receipt at the office of the
						Department
-The date on which a legal document is received and docketed
						by the appropriate Department docket clerk.
Department
-The Department of
						Transportation of the Commonwealth.
General Rules
-The rules found in 1 Pa.
						Code Part II (relating to general rules of administrative practice and
						procedure).
Office of the agency
-The office of the
						Administrative Docket Clerk, or the Driver Licensing Docket Clerk, upon which
						commencement of process is made upon the Secretary for the purpose of
						activities and proceedings before the Department in matters under
						2
						Pa.C.S. §§
												501-508 and
						701-704 (relating to the
						Administrative Agency Law).
Party
-Any appellant, appellee,
						complainant, intervener, petitioner or respondent in a matter brought before a
						Department hearing officer.
Secretary
-The Secretary of the
						Department.
The provisions of this §
													491.2 issued under the
						  Administrative Agency Law,
						  2
						  Pa.C.S. §§
														501-508 and
						  701-704.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.2a - Separation of adjudicatory function from representation of the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Separation of adjudicatory function
. The adjudicatory function
					 performed in accordance with this chapter and the General Rules will be
					 separated from the function of representing the Department in administrative
					 hearing matters. This chapter prescribes that an administrative hearing officer
					 will preside over any hearing and, if exceptions are filed by any party, the
					 decision ultimately is made by the Secretary. The Department's Chief Counsel
					 advises the Secretary in his adjudicatory capacity.
(b)
Ex parte discussions
.
					 Under no circumstances may any Department attorney representing the Department
					 in an administrative hearing matter, or any Department employee involved in
					 such a matter, discuss the case ex parte with the Administrative Hearing
					 Officer, the Chief Counsel or the Secretary.
(c)
Prohibited discussions with
					 employees
. The Administrative Hearing Officer, the Chief Counsel and
					 the Secretary may not discuss with, or exercise any supervisory responsibility
					 over, any employee with respect to an administrative hearing matter with which
					 that employee is involved.
(d)
Designation by Chief Counsel and Secretary
. If it becomes
					 necessary for the Chief Counsel or the Secretary to become involved on behalf
					 of the Department in any administrative hearing matter, they are prohibited
					 from participating in the adjudication of the case and shall designate
					 appropriate individuals to exercise their adjudicatory functions.
The provisions of this §
													491.2a issued under the
						  Administrative Agency Law,
						  2
						  Pa.C.S. §§
														501-508 and
						  701-704.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.3 - Request for hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Content
. A request for a hearing shall be made in writing and
					 shall contain:
(1) A clear and concise
					 statement of the facts of the case, including all essential elements of the
					 claim.
(2) A clear and specific
					 list of the legal issues upon which the appeal is based and the desired
					 remedy.
(3) A copy of the denial or
					 revocation letter, permit, statutory or regulatory provision or other document
					 which gives rise to the appeal.
(4)
					 For the party requesting the hearing, an address where documents and pleadings
					 may be served upon that party.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.4 - Institution of proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Approval and docketing
. Upon approval, under §
											491.3(b) 
					 (relating to request for hearing), of a written request for a hearing, or upon
					 receipt of a written request from the Department for an order to show cause
					 under §
											491.9 (relating to order to show
					 cause), the docket clerk will assign the matter a caption, including a docket
					 number, and will enter the matter into the docket.
(b)
Caption and docket
					 number
. The caption and docket number shall appear on all
					 correspondence, pleadings, briefs or other papers relating to the
					 case.
(c)
Docket clerks as
					 office of the agency/timely filings
. For purposes of activities and
					 proceedings before the Department in matters under
					 2
					 Pa.C.S. §§
												501-508 and
					 701-704 (relating to the
					 Administrative Agency Law) which are not vested in other bodies by law, the
					 Administrative Docket Clerk and the Driver Licensing Docket Clerk are
					 designated as the office of the agency. As the office of the agency, all
					 correspondence, pleadings, briefs, orders and other papers relating to the case
					 shall be filed with the Administrative Docket Clerk or the Driver Licensing
					 Docket Clerk. The date of receipt at the office of the agency and not the date
					 of deposit in the mails shall determine time of filing.
(d)
Address for filing
.
					 Correspondence, pleadings, briefs, orders or other papers relating to the case
					 shall be filed with the appropriate docket clerk at the following address:
(1) Secretary of Transportation, Driver
					 Licensing Docket Clerk, 1101 South Front Street, 3rd Floor, Harrisburg,
					 Pennsylvania 17104-2516 (or other address that may be designated by the
					 Department) for matters involving:
(i)
					 Appeals from the Department's denial or recall of an occupational limited
					 license.
(ii) Appeals from the
					 Department's cancellation, denial or recall of a probationary
					 license.
(iii) Requests for record
					 review under
					 75 Pa.C.S. §
														1516
					 (relating to Department records).
(iv) Hearings to request credit toward
					 serving driving privilege or vehicle registration suspensions.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.5 - Filing fee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Fee
					 required with request for a hearing
. A filing fee shall accompany a
					 written request for a hearing in all matters except those involving the
					 suspension or revocation of a permit, license, certificate or privilege by the
					 Department, in which event a filing fee is not required, except as specified in
					 subsection (b).
(1) The schedule of filing
					 fees will be reviewed and revised periodically by the Department and will be
					 published in the
Pennsylvania Bulletin
.
(2) The filing fee shall be payable by check,
					 certified check or money order which shall be made payable to the "Department
					 of Transportation."
(3) Information
					 regarding filing fees may be obtained from the appropriate docket clerk at the
					 addresses provided in §
												491.4(d)
					 (relating to institution of proceedings).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.6 - Notice and conduct of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Written notification to parties
. Upon docketing a written
					 request for a hearing, the docket clerk will provide written notification to
					 all parties of the request for a hearing and of referral of the matter to the
					 Department hearing officer for scheduling.
(b)
Scheduling
. The
					 Department hearing officer will schedule a hearing for the docketed request and
					 will direct the docket clerk to issue written notice of the time and place of
					 the scheduled hearing to all parties.
(c)
Authority of Department hearing
					 officer
. The Department hearing officer will have the authority to
					 decide all motions, petitions, requests for supersedeas, discovery requests or
					 other matters presented by the parties to this action and to proceed in
					 accordance with 1 Pa. Code Chapter 35, Subchapter E (relating to presiding
					 officers).
(d)
Intervention
.
(1)
Petition to intervene
. A person who seeks to intervene as a
					 party in a proceeding shall file a petition for leave to intervene with the
					 Docket Clerk. The petition shall contain a concise statement of the interest of
					 the moving party and the grounds for intervention.
(2)
Refusal
.
(i)
Delay
. The Department
					 may refuse a petition for intervention if the moving party has unduly delayed
					 in applying for intervention or the intervention will unduly delay or prejudice
					 the hearing or the adjudication of the rights of the parties.
(ii)
Supplementation
. This
					 subsection supplements 1 Pa. Code §§ 35.27-35.36.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.7 - Filing requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Number of copies
. The original and two conformed copies of
					 briefs, pleadings or other documents relating to the case, subsequent to the
					 written request for a hearing, together with a certificate of service showing
					 service to all other parties, as required in §
											491.8 (relating to service), shall
					 be filed with the docket clerk who will date stamp them upon receipt and
					 provide copies to the Department hearing officer.
(b)
Telefacsimile and electronic
					 transmission not accepted
. A request for a hearing, subsequent
					 correspondence, briefs, pleadings or other documents relating to the case will
					 not be accepted for filing if received electronically or by
					 telefacsimile.
(c)
Supersession
. This section supersedes 1 Pa. Code §
											33.15 (relating to number of
					 copies).
The provisions of this §
													491.7 issued under the
						  Administrative Agency Law,
						  2
						  Pa.C.S. §§
														501-508 and
						  701-704.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.8 - Service

Current through Register Vol. 54, No. 28, July 13, 2024
One copy of all documents and pleadings filed subsequent
						to the written request for a hearing, together with a certificate of service
						showing service to all other parties, shall be served by parties in the
						proceeding. Service shall be accomplished in accordance with 1 Pa. Code
						§§ 33.31-33.36.
The provisions of this §
													491.8 issued under the
						  Administrative Agency Law,
						  2
						  Pa.C.S. §§
														501-508 and
						  701-704.
This section cited in 67 Pa. Code §
													491.7 (relating to filing
						  requirements).
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.9 - Order to show cause

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Initial request
. When the Department files a written request
					 for an order to show cause, that request shall be accompanied by a copy of the
					 proposed order to show cause for the signature of the Department hearing
					 officer.
(b)
Notification
					 to respondent
. Upon the issuance of an order to show cause by the
					 Department hearing officer, the docket clerk will forward a copy of the order
					 to the respondent, directing the respondent to show cause why the subject
					 action should not be taken by the Department.
(c)
Content of request for an order
					 to show cause
. The request for an order to show cause shall set forth
					 the grounds for the action to be taken and shall state the particulars
					 concerning all matters relevant for framing the issues for
					 consideration.
(d)
Answer
. The order to show cause shall include a notice to the
					 respondent to answer, in writing, within 30 days of the date the notice was
					 mailed. A respondent who fails to file an answer within 30 days of the mailing
					 date of the notice shall be deemed to have waived objection to the Department's
					 proposed action.
(e)
Notification to parties
. Upon timely filing of an answer to an
					 order to show cause, the docket clerk will notify all parties of referral of
					 the matter to the Department hearing officer for the scheduling of a hearing.
(1) Timely filing of an answer to the order
					 to show cause will not operate as an automatic stay or supersedeas of action
					 taken by the Department prior or subsequent to the receipt of the order to show
					 cause.
(2) Persons initiating a
					 formal request for stay or supersedeas shall direct their applications to the
					 Department hearing officer.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.10 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Recording
. Upon the scheduling of a hearing, the docket clerk
					 will arrange for a stenographer to record the testimony presented at the
					 hearing.
(b)
Presentation
					 of evidence
. The party with the burden of proof in a proceeding will
					 proceed first with the presentation of evidence at a hearing.
(1) In matters involving the suspension or
					 revocation of an existing permit, license or privilege by the Department, or
					 the debarment of a contractor, the Department will proceed first with the
					 presentation of evidence at the hearing.
(2) In matters involving the denial of an
					 application for a permit, license, certificate, prequalification, privilege,
					 credit toward suspension or other requested action by the Department, the
					 permit or license applicant shall proceed first with the presentation of
					 evidence at the hearing.
(3) In
					 matters initiated by an intervener challenging the Department's actions, the
					 intervener shall proceed first with the presentation of evidence at the
					 hearing.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.11 - Proposed report

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
. Following the hearing and the timely submission of
					 any posthearing filings, the Department hearing officer will prepare and file a
					 proposed report with the docket clerk.
(b)
Contents
. The proposed
					 report shall contain:
(1) Findings of
					 fact.
(2) A discussion of the
					 applicable law and relevant evidence of record.
(3) Conclusions of law.
(4) An order.
Pennsylvania Code › Title 67 - TRANSPORTATION › Part I - Department of Transportation › Subpart B - Nonvehicle Code Provisions › Article V - General Procedures › Chapter 491 - ADMINISTRATIVE PRACTICE AND PROCEDURE › Section 491.12 - Exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing
. A party desiring to appeal to the Secretary may file
					 exceptions to the proposed report within 30 days after the mailing date of the
					 proposed report by the docket clerk.
(b)
Reply
. A party may file
					 a reply to the exceptions filed by another party within 20 days of the filing
					 date of exceptions filed by another party.
(c)
Record
. When timely
					 exceptions are filed, the docket clerk will forward the following to the
					 Secretary:
(1) The proposed report.
(2) The exceptions filed and replies
					 thereto.
(3) The record in the
					 case.
(4) A proposed order to grant
					 or deny the exceptions, that is prepared for the Secretary's
					 signature.