reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › PETITIONS › Section 1005.23 - Petitions for issuance, amendment, repeal or waiver of Authority regulations

Current through Register Vol. 54, No. 28, July 13, 2024
(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).
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).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › PETITIONS › Section 1005.24 - Appeals from actions of the staff

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Actions taken by staff, other than a presiding officer, under the act, this
						part or an order of the Authority will be deemed to be the final action of the
						Authority unless appealed by petition to the Authority within 15 days after
						service of notice of the action, unless a different time period is specified in
						this subpart or in the act. This section does not apply to staff decisions
						related to informal complaints, which must be addressed as provided in §
												1003.43 (relating to other
						initiation of formal complaints).
(b) An action taken by staff under delegated
						authority will note the parties' right to appeal the action under this
						section.
(c) Petitions for appeal
						from actions of staff must be filed with the Clerk, served as provided in
						§
												1001.52 (relating to service by a
						party) and will be assigned to a presiding officer for a recommended decision
						as provided in §
												§
												1005.201 -1005.204 (relating to
						recommended decisions).
(d)
						Petitions for appeal from actions of the staff must set forth any legal basis
						upon which the petition is based and aver any material factual disputes related
						to the staff action necessitating an on the record hearing and otherwise comply
						with §
												1005.21 (relating to petitions
						generally).
(e) A party may file an
						answer to a petition for appeal with the Clerk within 20 days of service, and
						in default thereof, may be deemed to have waived objection to the granting of
						the petition. Answers shall be served upon all other parties as provide in
						§ 1001.52.
(f) Subsections
						(a)-(e) supersede 1 Pa. Code §
												35.20 (relating to appeals from
						actions of the staff).
This section cited in 52 Pa. Code §
														1003.51 (relating to applications
							 generally); 52 Pa. Code §
														1005.23 (relating to petitions for
							 issuance, amendment, repeal or waiver of Authority regulations); 52 Pa. Code
							 §
														1005.111 (relating to order of
							 procedure); 52 Pa. Code §
														1011.11 (relating to record
							 retention); 52 Pa. Code §
														1013.23 (relating to invalidation
							 upon execution or seizure); 52 Pa. Code §
														1051.10 (relating to record
							 retention); and 52 Pa. Code §
														1055.3 (relating to limousine age
							 and mileage parameters).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › INTERVENTION › Section 1005.31 - Initiation of intervention

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Participation in a proceeding as an intervenor may be initiated as follows:
(1) By the filing of a notice of intervention
						by another agency of the Commonwealth which is authorized by statute to
						participate in the proceeding.
(2)
						By order of the Authority or presiding officer upon grant of a petition to
						intervene.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › INTERVENTION › Section 1005.32 - Eligibility to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Persons.
A petition to intervene may be filed by a person
						claiming a right to intervene or an interest of a nature that intervention is
						necessary or appropriate to the administration of the statute under which the
						proceeding is brought. The right or interest may be one of the following:
(1) A right conferred by statute of the
						United States or of the Commonwealth.
(2) An interest which may be directly
						affected and which is not adequately represented by existing participants, and
						as to which the petitioner may be bound by the action of the Authority in the
						proceeding.
(3) Another interest of
						a nature so that participation of the petitioner may be in the public
						interest.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › INTERVENTION › Section 1005.33 - Form and content of petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions to intervene must set out
						clearly and concisely the following:
(1) The
						facts from which the alleged intervention right or interest of the petitioner
						can be determined.
(2) The grounds
						of the proposed intervention.
(3)
						The petitioner's position regarding the issues in the
						proceeding.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › INTERVENTION › Section 1005.34 - Filing of petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions to intervene and notices of
						intervention may be filed with the Clerk at any time following the filing of an
						application, petition, complaint or other document seeking Authority action,
						but in no event later than the date fixed for the filing of petitions to
						intervene or protests in any order or notice with respect to the proceedings
						published in the
Pennsylvania Bulletin
, unless, in
						extraordinary circumstances for good cause shown, the Authority or the
						presiding officer authorizes a late filing. When a person has been permitted to
						intervene notwithstanding his failure to file his petition within the time
						prescribed in this section, the Authority or presiding officer may, when the
						circumstances warrant, permit the waiver under §
												1005.149 (relating to copies and
						form of documentary evidence) with respect to copies of exhibits for the
						intervener.
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.30 (relating to filing of
						petitions to intervene).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › INTERVENTION › Section 1005.35 - Notice, service and action on petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice and service.
Petitions to intervene, when filed with the Clerk, must show service thereof
						upon all parties to the proceeding in conformity with §
												1001.52 (relating to service by a
						party).
(b)
Action on
						petitions.
As soon as practicable after the expiration of the time for
						filing answers to petitions as provided in §
												1005.45 (relating to answers to
						petitions to intervene), the Authority or presiding officer will grant or deny
						the petition in whole or in part or may, if found to be appropriate, authorize
						limited participation.
(c)
Rights upon grant of petition.
Admission as an intervenor will
						not be construed as recognition by the Authority that the intervenor has a
						direct interest in the proceeding or might be aggrieved by an order of the
						Authority in the proceeding. Intervenors are granted no rights which survive
						discontinuance of a case.
(d)
Actions on petitions filed after a hearing has commenced.
Petitions to intervene may not be filed or acted upon during a hearing unless
						permitted by the Authority or presiding officer after opportunity for all
						parties to object thereto. Only to avoid detriment to the public interest will
						any presiding officer tentatively permit participation in a hearing in advance
						of, and then only subject to, the granting by the Authority of a petition to
						intervene.
(e)
Supersession.
Subsections (a)-(d) supersede 1 Pa. Code §
												35.31 (relating to notice and
						action on petitions to intervene).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › INTERVENTION › Section 1005.36 - Limitation of participation in hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When there are two or more intervenors
						having substantially like interests and positions, the Authority or presiding
						officer may, to expedite the hearing, arrange appropriate limitations on the
						number of attorneys who will be permitted to cross-examine and make and argue
						motions and objections on behalf of the intervenors.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												35.32 (relating to limitation of
						participation in hearings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › ANSWERS › Section 1005.41 - Answers to complaints, petitions, motions and other filings requiring a response

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Time for filing.
Unless a different time is prescribed by
						statute, the Authority or the presiding officer, answers to complaints,
						petitions, motions and other filings requiring a response shall be filed with
						the Clerk and served upon all other parties within 20 days after the date of
						service.
(b)
Form of
						answer.
Answers must be in writing and so drawn as fully and
						completely to advise the parties and the Authority as to the nature of the
						defense. Answers must admit or deny specifically and in detail each material
						allegation of the pleading answered, and state clearly and concisely the facts
						and matters of law relied upon. Answers must be set forth in paragraphs
						numbered to correspond with the pleading answered and otherwise comply with
						§
												§ 1001.31-1001.36.
(c)
Failure to file an answer.
A respondent failing to file an
						answer within the applicable period may be deemed in default, and relevant
						facts stated in the pleadings may be deemed admitted.
(d)
Supersession.
Subsections (b)-(c) supersede 1 Pa. Code §
												§
												35.35 and
						35.37 (relating to answers to
						complaints and petitions; and answers to orders to show cause).
This section cited in 52 Pa. Code §
														1003.21 (relating to petitions for
							 interim emergency orders); 52 Pa. Code §
														1003.32 (relating to out of
							 service designation); 52 Pa. Code §
														1017.52 (relating to impoundment
							 of vehicles and equipment); and 52 Pa. Code §
														1055.32 (relating to impoundment
							 of vehicles and equipment).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › ANSWERS › Section 1005.42 - Answers seeking affirmative relief or raising new matter

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Answers
						seeking affirmative relief.
In its answer, a respondent may seek
						relief within the jurisdiction of the Authority against other parties in a
						proceeding if common questions of law or fact are present. The answer must
						conform to this chapter for answers generally and set forth:
(1) The facts constituting the grounds of
						complaint.
(2) The provisions of
						the statutes, rules, regulations or orders relied upon.
(3) The injury complained of.
(4) The relief sought.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › ANSWERS › Section 1005.43 - Replies to answers seeking affirmative relief or new matter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Unless
						otherwise ordered by the Authority, replies to answers seeking affirmative
						relief or to new matter shall be filed with the Clerk and served within 20 days
						after date of service of the answer, but not later than 5 days prior to the
						date set for the commencement of the hearing.
(b) Failure to file a timely reply to new
						matter may be deemed in default, and relevant facts stated in the new matter
						may be deemed to be admitted.
(c)
						Subsections (a) and (b) supersede 1 Pa. Code §
												35.39 (relating to replies to
						respondents seeking affirmative relief).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › ANSWERS › Section 1005.44 - Answers to amendments of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An answer to an amendment, modification
						or supplement to an application, complaint, petition or other pleading under
						§
												1005.61 (relating to amendments of
						pleadings generally) shall be filed with the Clerk within 20 days after the
						date of service of the amendment, modification or supplement, unless for cause
						the Authority or presiding officer with or without motion prescribes a
						different time.
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.40 (relating to answers to
						amendments of pleadings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › ANSWERS › Section 1005.45 - Answers to petitions to intervene

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may file an answer to a petition
						to intervene within 20 days of service and, in default thereof, may be deemed
						to have waived objection to the granting of the petition. Answers shall be
						served upon all other parties.
(b)
						Subsection (a) supersedes 1 Pa. Code §
												35.36 (relating to answers to
						petitions to intervene).
This section cited in 52 Pa. Code §
														1005.35 (relating to notice,
							 service and action on petitions to
							 intervene).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › CONSOLIDATION › Section 1005.51 - Consolidation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Authority
						or presiding officer, with or without motion, may order proceedings involving a
						common question of law or fact to be consolidated. The Authority or presiding
						officer may make orders concerning the conduct of the proceeding as may avoid
						unnecessary costs or delay.
(b)
						Subsection (a) supersedes 1 Pa. Code §
												§
												35.45 and
						35.122 (relating to consolidation;
						and consolidation of formal proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 1005.61 - Amendments of pleadings generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Generally.
A modification of or supplement to an application,
						complaint, petition or other pleading shall be deemed as an amendment to the
						pleading, and must comply with the requirements in this chapter relating to the
						pleading amended.
(b)
Limitation.
An amendment to a pleading may not be filed more
						than 20 days after the date an answer or other response to the original
						pleading was due to be filed with the Clerk, unless directed or permitted by
						the Authority or the presiding officer after opportunity for all parties to be
						heard thereon.
(c)
Supersession.
Subsections (a) and (b) supersede 1 Pa. Code
						§
												35.48 (relating to amendments of
						pleadings generally).
This section cited in 52 Pa. Code §
														1005.44 (relating to answers to
							 amendments of pleadings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 1005.62 - Amendments to conform to the evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Amendment by consent.
When the parties introduce issues at a hearing not raised in the pleadings
						without objection of any party, the issues shall be treated in all respects as
						if they had been raised in the pleadings.
(b)
Amendment following
						objection.
If evidence upon new issues is objected to on the ground
						that it is not within the issues raised by the pleadings, the Authority or the
						presiding officer may allow the pleadings to be amended and the evidence to be
						received, when it appears that the presentation of the merits of the
						proceedings will be served thereby without prejudicing the public interest, the
						rights of a party and that the omission of the amended information was not
						calculated to delay the proceedings.
(c)
Continuance following
						objection.
A continuance may be granted by the Authority or the
						presiding officer under §
												1001.15 (relating to extensions of
						time and continuances) when necessary to allow the objecting party to address
						new issues and evidence.
(d)
Notice of amendment.
If an amendment adopted under this
						section has the effect of broadening the issues in the proceeding, notice of
						the amendment shall be given in the same manner as notice was given at the
						commencement of the proceeding and to the same persons who received the
						notice.
(e)
Supersession.
Subsections (a)-(d) supersede 1 Pa. Code §
												35.49 (relating to amendments to
						conform to the evidence).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 1005.63 - Directed amendments

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Authority may at any time, or during a hearing, presiding officers may on their
						own motion or the motion of a party, direct parties to state their case more
						fully or in more detail by way of amendment. The amendment shall be reduced to
						writing and filed within the time fixed by the Authority or the presiding
						officer.
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.50 (relating to directed
						amendments).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › AMENDMENT AND WITHDRAWAL OF PLEADINGS › Section 1005.64 - Withdrawal of pleadings in a contested proceeding

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as provided in subsections (b) and
						(c), a party desiring to withdraw a pleading in a contested proceeding may file
						a petition for leave to withdraw the appropriate document with the Authority or
						presiding officer and serve it upon the other parties. The petition must set
						forth the reasons for the withdrawal. A party may object to the petition within
						20 days of service. After considering the petition, an objection thereto and
						the public interest, the Authority or presiding officer will determine whether
						the withdrawal will be permitted.
(b) In an enforcement proceeding initiated by
						the Authority, trial counsel may withdraw any pleading upon notice to the
						respondent to be provided under §
												1001.51 (relating to service by
						the Authority).
(c) A protest to an
						application may be withdrawn by filing a notice of withdrawal directed to the
						Authority or the presiding officer. The notice must state that the protest is
						withdrawn and provide the reasons for the withdrawal.
(d) Withdrawal or termination of an
						uncontested proceeding is governed under §
												1001.82 (relating to withdrawal or
						termination of uncontested matter or proceeding).
(e) Subsections (a)-(d) supersede 1 Pa. Code
						§
												35.51 (relating to withdrawal of
						pleadings).
This section cited in 52 Pa. Code §
														1001.82 (relating to withdrawal or
							 termination of uncontested matter or
							 proceeding).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › MOTIONS › Section 1005.71 - Motions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Scope
						and content.
A request may be made by motion for relief desired,
						except as may be otherwise expressly provided in this subpart. A motion must
						set forth the ruling or relief sought, and state the grounds therefore and the
						statutory or other authority upon which it relies.
(b)
Presentation of motions.
A motion may be made in writing at any time, and a motion made during a hearing
						may be stated orally upon the record, or the presiding officer may require that
						an oral motion be reduced to writing and filed separately. Written motions must
						contain a notice which states that a responsive pleading shall be filed within
						20 days of the date of service of the motion.
(c)
Response to motions.
A
						party has 20 days from the date of service within which to answer or object to
						a motion, unless the period of time is otherwise fixed by the Authority or the
						presiding officer.
(d)
Rulings on motions.
(1) The
						Authority or presiding officer will rule upon motions when an immediate ruling
						is essential in order to proceed with the hearing.
(2) A motion made during the course of
						hearing, which if granted would otherwise dispose of parties' rights, should be
						acted upon by the presiding officer prior to taking further testimony if, in
						the opinion of the presiding officer, the action is warranted.
(3) If a motion involves a question of
						jurisdiction, the establishment of a prima facie case or standing, the
						presiding officer may render a final determination with regard to a motion
						prior to the termination of hearings by issuing an initial or recommended
						decision.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › GENERAL › Section 1005.81 - Notice of proceeding; hearing; waiver of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When notice and hearing are required
						under the act, publication in the
Pennsylvania Bulletin
of a
						notice of application or other initial pleading is sufficient to provide notice
						of the proceeding. Service on interested persons is also sufficient to provide
						notice. Hearings will be held upon the filing of the pleading, unless waived by
						the parties.
(b) If the appropriate
						pleading is not filed within the set period of time, or when the parties have
						waived hearings, the Authority or presiding officer may dispose of the matter
						without a hearing upon the basis of the pleadings or submittals and the studies
						and recommendations of the staff.
(c) Subsections (a) and (b) supersede 1 Pa.
						Code §
												§
												35.101,
						35.103 and
						35.121 (relating to waiver of
						hearing; preliminary notice to Department of Justice; and initiation of
						hearings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › GENERAL › Section 1005.82 - Scheduling of hearing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A hearing
						calendar of all matters set for hearing will be maintained by the Clerk and
						will be in order of assignment as far as practicable. All matters will be heard
						at TLD Headquarters, unless a different site is designated by the Authority or
						the presiding officer. The Authority or the presiding officer, in its
						discretion with or without motion, for cause may at any time with due notice to
						the parties advance or postpone any proceeding on the hearing
						calendar.
(b) Hearings will be held
						before the Authority or presiding officer and all appearances, including staff
						counsel participating, will be entered upon the record, with a notation on
						whose behalf each appearance is made. A notation will be made in the record of
						the names of the members of the staff of the Authority participating, including
						accountants, and other experts, who are assisting in the investigation of the
						matter. This subsection supersedes 1 Pa. Code §
												§
												35.123 and
						35.125 (relating to conduct of
						hearings; and order of procedure).
(c) Subsections (a) and (b) supersede 1 Pa.
						Code §
												35.102 (relating to hearing
						calendar).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › GENERAL › Section 1005.83 - Notice of nonrulemaking proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Authority or presiding officer is
						authorized to schedule prehearing conferences and hearings. Parties will be
						given reasonable notice of the time and place of the prehearing conference or
						hearing. In fixing the time and place of conferences and hearings, regard will
						be given to the convenience and necessity of the parties or their attorneys so
						far as time and the proper execution of the functions of the Authority
						permit.
(b) A protestant shall
						attend the initial hearing or prehearing conference, if one has been scheduled.
						Failure to attend may result in the dismissal of the protest by the Authority
						or presiding officer.
(c)
						Subsection (a) supersedes 1 Pa. Code §
												§
												35.105 and
						35.106 (relating to notice of
						nonrulemaking proceedings; and contents of notice of nonrulemaking
						proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › HEARING CONFERENCES › Section 1005.91 - Conferences generally

Current through Register Vol. 54, No. 28, July 13, 2024
Conferences will be scheduled and conducted in
						  accordance with 1 Pa. Code §
												§
												35.111-35.116 (relating to prehearing
						  conferences).
This section cited in 52 Pa. Code §
														1005.101 (relating to presentation
							 and effect of stipulations); and 52 Pa. Code §
														1005.151 (relating to oral
							 examination).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › STIPULATIONS › Section 1005.101 - Presentation and effect of stipulations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties may stipulate to relevant matters
						of fact or the authenticity of relevant documents. The stipulations may be
						received in evidence at a hearing, and when so received shall be binding on the
						parties to the stipulation with respect to the matters therein
						stipulated.
(b) The parties may
						make stipulations independently of orders or rulings issued under §
												1005.91 (relating to conferences
						generally).
(c) The Authority or
						presiding officer may disregard in whole or in part a stipulation of facts
						under this section but may grant further hearing if requested by a party to the
						stipulation within 15 days after issuance of an Authority order disregarding
						the stipulation of fact.
(d)
						Subsections (a)-(c) supersede 1 Pa. Code §
												35.155 (relating to presentation
						and effect of stipulations).
This section cited in 52 Pa. Code §
														1005.151 (relating to oral
							 examination).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › STIPULATIONS › Section 1005.102 - Restrictive amendments to applications for rights issued by the Authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Parties to an
						application for Authority rights may stipulate as to restrictions or
						modifications to the proposed rights. Stipulations in the form of restrictive
						amendments or modifications must:
(1) Be in
						writing.
(2) Explain why the
						stipulation is in the public interest.
(3) Be signed by each party to the
						stipulation.
(4) Be submitted to
						the Director for insertion into the document folder.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › HEARINGS › Section 1005.111 - Order of procedure

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In a
						proceeding, the party having the burden of proof shall open and close unless
						otherwise directed by the presiding officer. In a hearing on investigations and
						in proceedings which have been consolidated for hearing, the presiding officer
						may direct who will open and close. Oral rejoinder, if proposed by the party
						with the burden of proof, shall be completed before any cross-examination of
						the witness is conducted.
(b) The
						presiding officer will conduct a de novo review for proceedings held under
						§
												1005.24 (relating to appeals from
						actions of the staff) and the burden of proof rests with the filing
						party.
(c) Except when the
						presiding officer determines that it is necessary to develop a comprehensive
						evidentiary record, the participation of a person granted the right to
						intervene in a proceeding will be limited to the presentation of evidence
						through the submission of testimony under §
												1005.151 (relating to oral
						examination).
(d) In proceedings
						when the evidence is peculiarly within the knowledge or control of another
						party, the order of presentation in subsections (a) and (c) may be varied by
						the presiding officer.
(e) The
						presiding officer may direct the order of parties for purposes of
						cross-examination, subject to §
												1005.112(f)
						(relating to presentation by parties).
(f) Subsections (a)-(e) supersede 1 Pa. Code
						§
												35.125 (relating to order of
						procedure).
The provisions of this §
														1005.111 temporarily amended under
							 53 Pa.C.S. §
															57B
							 02.
This section cited in 52 Pa. Code §
														1005.113 (relating to failure to
							 appear, proceed or maintain order in
							 proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › HEARINGS › Section 1005.112 - Presentation by parties

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party
						has the right of presentation of evidence, cross-examination, objection, motion
						and argument subject to the limitations of this subpart. The taking of evidence
						and subsequent proceedings shall proceed with reasonable diligence and with the
						least practicable delay.
(b) When
						an objection to the admission or exclusion of evidence before the Authority or
						the presiding officer is made, the ground relied upon shall be stated briefly.
						A formal exception is unnecessary and may not be taken to rulings
						thereon.
(c) The Authority or
						presiding officer may require or allow a factual statement of the scope of a
						pleading or the position of a party in the proceeding. Facts admitted on the
						record by a party or by testimony, exhibits or in writing, need not be further
						proved.
(d) The Authority or the
						presiding officer may limit appropriately the number of witnesses who may be
						heard upon an issue.
(e) A party
						will not be permitted to introduce evidence during a rebuttal phase which:
(1) Is repetitive.
(2) Should have been included in the party's
						case-in-chief.
(3) Substantially
						varies from the party's case-in-chief.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › HEARINGS › Section 1005.113 - Failure to appear, proceed or maintain order in proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
						provided in § 1005.13(c) (relating to citation complaints by the
						Authority), after being notified, a party who fails to be represented at a
						scheduled conference or hearing in a proceeding will:
(1) Be deemed to have waived the opportunity
						to participate in the conference or hearing.
(2) Not be permitted thereafter to reopen the
						disposition of a matter accomplished at the conference or hearing.
(3) Not be permitted to recall witnesses who
						were excused from further examination.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › HEARINGS › Section 1005.114 - Electronic testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Purpose, scope and definitions.
(1) The following term, when used in this
						section, has the following meaning, unless the context clearly indicates
						otherwise:
Electronic testimony witness-
(A) An individual offered to provide
						testimony or other evidence at a hearing conducted under Chapter 1005,
						Subchapter B (relating to hearings) in an enforcement proceeding by telephone
						or audio-visual means.
(B) This
						term does not apply to an individual who is one of the following:
(I) An Authority employee.
(II) A regulated party.
(III) An agent or employee of a regulated
						party.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › TRANSCRIPT › Section 1005.121 - Transcripts generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
						required by law, hearings will be stenographically recorded by the Authority's
						official reporter.
(b)
						Notwithstanding the review provisions in §
												1005.122 (relating to review of
						testimony), the hearing transcript will be a part of the record and the sole
						official transcript of the proceeding.
(c) The transcripts will include a verbatim
						report of the hearings and nothing will be omitted therefrom except as is
						directed by the presiding officer. Changes in the transcript shall be made as
						provided in §
												1005.123 (relating to transcript
						corrections).
(d) Subsections
						(a)-(c) supersede 1 Pa. Code §
												35.131 (relating to recording of
						proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › TRANSCRIPT › Section 1005.122 - Review of testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						proceedings when testimony was electronically recorded and subsequently
						transcribed, a party may review the recording to ensure it was transcribed
						accurately.
(b) Review will not be
						permitted except upon written request within 20 days after the transcript has
						been filed with the Authority.
(c)
						Upon request for review, the Authority or presiding officer will schedule a
						time and place for the review which shall be open to all parties. The court
						reporter shall submit the tapes and equipment necessary for the review and
						shall arrange for the court reporter responsible for transcribing the tapes to
						be present at the review.
(d)
						Actual costs associated with making the tapes available for review, including
						the time of the court reporter, shall be paid by the party requesting
						review.
(e) Nothing in this section
						requires the electronic recording of testimony.
This section cited in 52 Pa. Code §
														1005.121 (relating to transcripts
							 generally).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › TRANSCRIPT › Section 1005.123 - Transcript corrections

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						correction in the official transcript may be made only to make it accurately
						reflect the evidence presented at the hearing and to speak the truth.
(b) Proposed corrections of a transcript may
						be submitted by either of the following means:
(1) By written stipulation by the parties of
						record who were present when the transcription was taken.
(2) Upon written request of one or more
						parties of record present when the transcription was taken.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter B - HEARINGS › TRANSCRIPT › Section 1005.124 - Copies of transcripts

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party
						or other person desiring copies of the transcript may obtain copies from the
						official reporter upon payment of the fees fixed therefore.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												35.133 (relating to copies of
						transcripts).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter C - INTERLOCUTORY REVIEW › Section 1005.131 - Interlocutory review generally

Current through Register Vol. 54, No. 28, July 13, 2024
Interlocutory review will be conducted in accordance with
						1 Pa. Code §
											35.190 (relating to appeals to
						agency head from rulings of presiding officers). For purposes of implementing
						this section, the agency head is the Board.
This section cited in 52 Pa. Code §
													1005.183 (relating to
						  disqualification of a presiding officer); 52 Pa. Code §
													1017.52 (relating to impoundment
						  of vehicles and equipment); and 52 Pa. Code §
													1055.32 (relating to impoundment
						  of vehicles and equipment).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › EVIDENCE › Section 1005.141 - Admissibility of evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In oral
						and documentary proceedings, neither the Authority nor the presiding officer
						will be bound by technical rules of evidence, and all relevant evidence of
						reasonably probative value may be received. Reasonable examination and
						cross-examination will be permitted at all oral hearings.
(b) In the discretion of the Authority or
						presiding officer, evidence may be excluded if:
(1) It is repetitious or
						cumulative.
(2) Its probative value
						is outweighed by:
(i) The danger of unfair
						prejudice.
(ii) Confusion of the
						issues.
(iii) Considerations of
						undue delay or waste of time.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › EVIDENCE › Section 1005.142 - Admission of evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Authority or presiding officer will rule on the admissibility of evidence and
						otherwise control the reception of evidence so as to confine it to the issues
						in the proceeding.
(b) For an
						exhibit to be received into evidence, it will be marked for identification and
						moved into evidence.
(c)
						Subsections (a) and (b) supersede 1 Pa. Code §
												35.162 (relating to reception and
						ruling on evidence).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › EVIDENCE › Section 1005.143 - Control of receipt of evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						The Authority or presiding officer has all necessary authority to control the
						receipt of evidence, including the following:
(1) Ruling on the admissibility of
						evidence.
(2) Confining the
						evidence to the issues in the proceeding and impose, when appropriate:
(i) Limitations on the number of witnesses to
						be heard.
(ii) Limitations of time
						and scope for direct and cross-examinations.
(iii) Limitations on the production of
						further evidence.
(iv) Other
						necessary limitations.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › EVIDENCE › Section 1005.144 - Additional evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At any
						stage of the hearing or thereafter, the Authority or the presiding officer may
						call for further admissible evidence upon an issue and require that the
						evidence be presented by the parties concerned, either at the hearing or at the
						adjournment thereof. If a hearing has adjourned, the Authority or presiding
						officer will reconvene the hearing to receive additional evidence. Notice of
						the intent to reconvene a hearing will be provided to the parties under §
												1001.51 (relating to service by
						the Authority).
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.128 (relating to additional
						evidence).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › EVIDENCE › Section 1005.145 - Effect of pleadings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Pleadings listed in §
												1005.1 (relating to pleadings
						allowed) will, without further action, be considered as part of the record as
						pleadings.
(b) Except as provided
						in subsection (c) and in the case of a noncontested proceeding, a pleading or
						any part thereof may not be considered as evidence of a fact other than that of
						filing thereof unless offered and received into evidence.
(c) A fact admitted by a party in an answer,
						filed under oath, to a numbered allegation in a pleading may be considered as
						evidence of the fact without the pleading and answer being offered and received
						into evidence.
(d) Subsections (a)
						and (b) supersede 1 Pa. Code §
												35.125(d)
						(relating to order of procedure). Subsection (c) supersedes 1 Pa. Code §
												35.35 (relating to answers to
						complaints and petitions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › EVIDENCE › Section 1005.146 - Public documents

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						report, decision, opinion or other document or part thereof need not be
						produced or marked for identification, but may be offered in evidence as a
						public document by specifying the document or part thereof and where it may be
						found, if the document is one of the following:
(1) A report or other document on file with
						the Authority.
(2) An official
						report, decision, opinion, published scientific or economic statistical data or
						similar public document which is issued by a governmental department, agency,
						committee, Authority or similar entity which is shown by the offeror to be
						reasonably available to the public.