reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1001 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter I - AMENDMENTS OR WITHDRAWALS OF SUBMITTALS › Section 1001.82 - Withdrawal or termination of uncontested matter or proceeding

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Notice
					 of withdrawal or termination.
A party that desires to terminate a
					 noncontested matter or proceeding before the final decision by the Authority or
					 a presiding officer or otherwise desires to withdraw a submittal shall file a
					 motion for leave to withdraw the appropriate document with the Clerk. The
					 motion will be granted or denied as a matter of discretion.
(b)
Contested proceedings.
Withdrawal of a pleading in a contested proceeding is governed under §
											1005.64 (relating to withdrawal of
					 pleadings in a contested proceeding).
(c)
Supersession.
Subsections (a) and (b) supersede 1 Pa. Code §
											33.42 (relating to withdrawal or
					 termination).
This section cited in 52 Pa. Code §
													1005.64 (relating to withdrawal of
						  pleadings in a contested
						  proceeding).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1001 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter J - DOCKET › Section 1001.91 - Docket

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Clerk will
					 maintain a docket of all proceedings, and each proceeding as initiated will be
					 assigned an appropriate designation. The docket will be available for
					 inspection and copying by the public during the Authority's office
					 hours.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											33.51 (relating to
					 docket).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1001 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter K - WAIVER OF RULES › Section 1001.101 - Applications for waiver of formal requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Pleadings, submittals or other documents
					 which are subject to rejection under any provision of this chapter or Chapter
					 1003 or 1005 (relating to special provisions; and formal proceedings) may be
					 accompanied by a request, under §
											1005.23 (relating to petitions for
					 issuance, amendment, repeal or waiver of Authority regulations) for waiver of
					 any provisions with which the document tendered is in conflict or does not
					 conform. The request must show the nature of the waiver or exception desired
					 and set forth the reasons in support thereof. Unacceptable filings may be
					 returned by the Clerk with an indication of the deficiencies thereof and the
					 reasons for nonacceptance and return.
(b) Unless the Authority expressly so orders,
					 the Clerk may not waive a failure to comply with the act, this part or an order
					 of the Authority or another applicable requirement, and the failure may be
					 cause for striking all or any part of the filings.
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §
											33.61 (relating to applications
					 for waiver of formal requirements).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1001 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter L - UNOFFICIAL STATEMENTS, OPINIONS AND NOTICE › Section 1001.111 - Unofficial statements and opinions by Authority personnel

Current through Register Vol. 54, No. 28, July 13, 2024
Statements contained in formal opinions of the Authority
						or in decisions of a presiding officer which are not necessary in resolving the
						case, and informal opinions, whether oral or written, expressed by Authority
						members, presiding officers, legal counsel, employees or representatives of the
						Authority and reports drafted by Authority departments are only considered as
						aids to the public, do not have the force and effect of law or legal
						determinations, and are not binding upon the Commonwealth or the
						Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1001 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter L - UNOFFICIAL STATEMENTS, OPINIONS AND NOTICE › Section 1001.112 - Notice of rulemaking proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Before the adoption of a regulation, the
					 Authority will publish a general notice as provided in 1 Pa. Code Chapter 7
					 (relating to procedure for adoption or change of regulations).
(b) The order or notice will recite the
					 statutory or other authority under which the regulation is proposed to be
					 adopted and include either the terms of the proposed regulation or a
					 description of the subjects and issues involved to inform interested persons of
					 the nature of the proceeding, to permit interested persons to submit comments
					 relative thereto within the time period required by the act.
(c) The Authority may, upon petition by a
					 person having an interest in the proposed regulation, hold public hearings on
					 the proposed regulation. The petition for hearing must be in the form in §
											1005.21 (relating to petitions
					 generally), shall be filed concurrently with the comments and state the reasons
					 for having a hearing and the person's interest in the proposed
					 regulation.
(d) Subsections (a)-(c)
					 supersede 1 Pa. Code §
											35.104 (relating to notice of
					 rulemaking proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1002 - ADVISORY COMMITTEE › Section 1002.1 - Purpose

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter establishes and prescribes certain procedures
					 for the Philadelphia Taxicab and Limousine Advisory
					 Committee.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1002 - ADVISORY COMMITTEE › Section 1002.2 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following word, when used in this chapter, has the
					 following meaning, unless the context clearly indicates otherwise:
Advisory Committee
-An advisory committee
					 established under section 5702 of the act (relating to advisory
					 committee).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1002 - ADVISORY COMMITTEE › Section 1002.3 - Function of the Advisory Committee

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				  The Advisory Committee may thoroughly consider questions and issues submitted
				  by the Authority regarding the regulation, enforcement, compliance and
				  operation of taxicabs and limousines in the City of Philadelphia and may
				  prepare and transmit written responses to the Authority and the
				  public.
(b) The Advisory Committee
				  may submit suggestions and proposals to the Authority in writing on topics
				  considered important by a majority of the Advisory Committee members.
(c) A majority of the members of the Advisory
				  Committee plus one additional member constitute a quorum for purposes of
				  subsection (b).
(d) The actions of
				  the Advisory Committee will be considered strictly advisory and the Authority
				  will give careful and due consideration to the comments and proposals of the
				  Advisory Committee.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1002 - ADVISORY COMMITTEE › Section 1002.4 - Meetings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Director or
				  other Authority designee will meet with the Advisory Committee on a monthly
				  basis.
(b) The Advisory Committee
				  chairperson will provide the date, time and location of each meeting under
				  subsection (a) to the Director no later than 10 days prior to the scheduled
				  meeting.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › EMERGENCY RELIEF › Section 1003.1 - 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:
Adjudication Department
-The department
						  of the TLD created to conduct certain adjudications and other assigned
						  functions as provided in §
												1003.73 (relating to Adjudication
						  Department).
Emergency
-A situation which presents a
						  clear and present danger to life or property or which is uncontested and
						  requires action prior to the next scheduled public meeting.
Emergency order
-An ex parte order
						  issued by the Authority's Chairperson, the Executive Director, the Director or
						  a standing presiding officer in the Adjudication Department in response to an
						  emergency.
Interim emergency order
-An
						  interlocutory order issued by a presiding officer which is immediately
						  effective and grants or denies injunctive relief during the pendency of a
						  proceeding.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › EX PARTE EMERGENCY ORDERS › Section 1003.11 - Petitions for issuance of emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To the extent practicable, a petition for
						emergency order must be in the form of a petition as set forth in §
												1005.21 (relating to petitions
						generally) and shall be served on the persons directly affected by the
						application.
(b) A petition for
						emergency order must be supported by a verified statement of facts which
						establishes the existence of an emergency, including facts to support the
						following:
(1) The petitioner's right to
						relief is clear.
(2) The need for
						relief is immediate.
(3) The injury
						would be irreparable if relief is not granted.
(4) The relief requested is not injurious to
						the public interest.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › EX PARTE EMERGENCY ORDERS › Section 1003.12 - Disposition of ex parte emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Authorization.
The
						Authority's Chairperson, the Executive Director, the Director or a standing
						presiding officer in the Adjudication Department have the authority to issue an
						emergency order.
(b)
Form.
An emergency order will be issued in writing and filed
						with the Clerk with copies to the members of the Authority.
(c)
Ratification.
An
						emergency order or the denial of a petition for emergency order issued by
						Authority's Chairperson, the Executive Director, the Director or a standing
						presiding officer in the Adjudication Department will be ratified, modified or
						rescinded by the Authority at the next scheduled public meeting after issuance
						of the order, provided that a case or controversy exists on the date of the
						meeting.
(d)
Service.
An emergency order or the denial of a petition for
						emergency order will be served by the Clerk upon the persons directly affected
						by the decision as provided in §
												1001.51 (relating to service by
						the Authority) with copies to the members of the Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › EX PARTE EMERGENCY ORDERS › Section 1003.13 - Hearings following issuance of emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person against whom an emergency order
						is issued may file a petition for an expedited hearing to determine whether the
						emergency order will remain in effect. The petition must conform to the form
						and service requirements in §
												1005.21 (relating to petitions
						generally).
(b) The petition for
						expedited hearing shall be filed with the Clerk and a copy served upon the
						Adjudication Department's supervising presiding officer.
(c) The hearing will be held before a
						presiding officer within 10 days of receipt of the petition by the
						Clerk.
(d) If the emergency order
						is issued by the Authority Chairperson, the Executive Director or the Director,
						a presiding officer will have the authority to stay the effect of the order
						until the next scheduled public meeting of the Authority.
(e) The decision of the presiding officer
						will constitute a recommended decision and will be reviewed by the Authority as
						provided in §
												§
												1005.211-1005.215 (relating exceptions to
						recommended decisions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › INTERIM EMERGENCY RELIEF › Section 1003.21 - Petitions for interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may submit a petition for an
						interim emergency order during the course of a proceeding. The petition shall
						be filed with the Clerk and served contemporaneously on the Adjudication
						Department's supervising presiding officer and on the parties.
(b) To the extent practicable, a petition for
						an interim emergency order must be in the form of a petition as set forth in
						§
												1005.21 (relating to petitions
						generally). A petition for an interim emergency order must be supported by a
						verified statement of facts which establishes the existence of the need for
						interim emergency relief, including facts to support the following:
(1) The petitioner's right to relief is
						clear.
(2) The need for relief is
						immediate.
(3) The injury would be
						irreparable if relief is not granted.
(4) The relief requested is not injurious to
						the public interest.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › INTERIM EMERGENCY RELIEF › Section 1003.22 - Hearing on petitions for interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
An interim emergency order may not be issued until the
						  presiding officer holds a hearing on the merits of the petition. The hearing
						  will be held within 10 days of the filing of the petition.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › INTERIM EMERGENCY RELIEF › Section 1003.23 - Issuance of interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A presiding officer will issue an order
						granting or denying interim emergency relief within 25 days of the filing of
						the petition.
(b) An order granting
						a petition for interim emergency relief will set forth the findings required
						under §
												1003.21(b) 
						(relating to petitions for interim emergency orders).
(c) An interim emergency order or an order
						denying interim emergency relief will be served as provided in §
												1001.51 (relating to service by
						the Authority).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › INTERIM EMERGENCY RELIEF › Section 1003.24 - Form of interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An order following a hearing on a
						petition for interim emergency relief will include:
(1) A brief description of the evidence
						presented.
(2) A grant or denial of
						the petition.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › INTERIM EMERGENCY RELIEF › Section 1003.25 - Authority review of interim emergency orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An order granting or denying interim
						emergency relief is immediately effective upon issuance by the presiding
						officer. A stay of the order will not be permitted while the matter is being
						reviewed by the Authority.
(b) The
						decision of the presiding officer will constitute a recommended decision and
						will be reviewed by the Authority as provided in §
												§
												1005.211-1005.215 (relating to exceptions
						to recommended decisions). Failure of the Authority to act within 30 days of
						the date exceptions are filed will be deemed to be an affirmance of the
						decision of the presiding officer.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › OUT OF SERVICE › Section 1003.31 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in §
												1003.32 (relating to out of
						  service designation), have the following meanings, unless the context indicates
						  otherwise:
Out of service
-Immediate and temporary
						  prohibition from the exercise of rights granted by the Authority under the act
						  due to a public safety concern. An out of service designation will be narrowly
						  tailored to create the most limited reduction of rights necessary to protect
						  the public interest.
Public safety concern
-Behavior of an
						  individual or condition of a vehicle or equipment which violate the act, this
						  part or an order of the Authority and which have an immediate and direct
						  adverse impact upon the orderly operation of taxicabs and limousines in
						  Philadelphia or which present a direct threat to public safety. For example, a
						  limousine with a broken windshield, a taxicab with inaccurate colors and
						  markings or a taxicab driver subject to a police arrest warrant may each result
						  in an out of service designation.
The provisions of this §
														1003.31 temporarily amended under
							 53 Pa.C.S. §
															57B
							 02.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter A - TEMPORARY EMERGENCY ORDERS › OUT OF SERVICE › Section 1003.32 - Out of service designation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Vehicles.
(1) Upon
						observation of a condition of a taxicab or limousine that creates a public
						safety concern, the Enforcement Department may immediately place the taxicab or
						limousine out of service. Public notice of a vehicle's out of service status
						will be conspicuously affixed to the vehicle and may only be removed by the
						Authority after inspection as provided in §
													1017.36 (relating to reinspection)
						or by order as provided in subsection (h).
(2) Upon observation of a condition of a
						taxicab or limousine that violates the act, this part or an order of the
						Authority, and which does not constitute an immediate public safety concern,
						the Enforcement Department will provide notice of the violation to the
						certificate holder as provided §
													1001.51 (relating to service by
						the Authority) and its intent to initiate an out of service designation against
						the taxicab or limousine. If the certificate holder does not provide proof to
						the Enforcement Department that the violation was corrected within 5 days of
						the notice, the Enforcement Department may place the taxicab or limousine out
						of service as provided in paragraph (1).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter B - INFORMAL PROCEEDINGS GENERALLY › Section 1003.41 - Form and content of informal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Informal complaints averring a violation
					 of the act, this part or an order of the Authority may be by letter or other
					 writing. A form of informal complaint is not required, but in substance the
					 report, letter or other writing must contain the essential elements of a formal
					 complaint as specified in §
											1005.12 (relating to content of
					 formal complaints).
(b) Informal
					 complaints shall be filed with the Clerk.
(c) Subsection (a) supersedes 1 Pa. Code
					 §
											35.5 (relating to form and content
					 of informal complaints).
This section cited in 52 Pa. Code §
													1001.10 (relating to
						  definitions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter B - INFORMAL PROCEEDINGS GENERALLY › Section 1003.42 - Authority action on informal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Filing.
The Clerk will
					 place a copy of an informal complaint related to a docketed matter in the
					 official document folder. Each informal complaint will be forwarded to the
					 Enforcement Department for review, unless the Enforcement Department is the
					 subject of the complaint, in which case the matter will be referred to the
					 Director.
(b)
Authority
					 staff review.
The purpose of staff review will be to determine if the
					 subject matter is within the Authority's jurisdiction and, if warranted,
					 institute an informal investigation. Informal investigations are typically
					 undertaken to gather data or to substantiate allegations of potential
					 violations of the act, this part or order of the Authority and are conducted
					 without hearing.
(c)
Authority staff action.
Upon the completion of the informal
					 investigation of an informal complaint, staff will notify the informal
					 complainant of the results. When staff determines that no violation or
					 potential violation of the act, this part or an order of the Authority has
					 occurred, the informal investigation will be terminated by letter.
(d)
Initiation of formal
					 complaint.
In the event it is determined by staff, in conjunction with
					 the Office of Trial Counsel, that a violation of the act, this part or an order
					 of the Authority has occurred and when formal action is deemed to be warranted,
					 the Authority will file a formal complaint as provided in Chapter 1005
					 (relating to formal proceedings).
(e)
Caveat.
The submission
					 of an informal complaint does not entitle complainant to a formal hearing
					 before the Authority.
(f)
Supersession.
Subsections (a)-(d) supersede 1 Pa. Code §
											§
											35.6 and
					 35.7 (relating to correspondence
					 handling of informal complaints; and discontinuance of informal complaints
					 without prejudice).
This section cited in 52 Pa. Code §
													1005.11 (relating to formal
						  complaints generally).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter B - INFORMAL PROCEEDINGS GENERALLY › Section 1003.43 - Other initiation of formal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
The informal complainant may file and prosecute a formal
						complaint averring any violation of the act, this part or an order of the
						Authority by a regulated person under §
											1005.11(a)(4)
						(relating to formal complaints generally) within 30 days of service of an
						informal complaint termination letter from the Enforcement
						Department.
This section cited in 52 Pa. Code §
													1005.11 (relating to formal
						  complaints generally); and 52 Pa. Code §
													1005.24 (relating to appeals from
						  actions of the staff).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter C - APPLICATIONS AND PROTESTS › Section 1003.52 - Contents of applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Applications must conform to this section unless a form or other specific
					 requirements are required in this part. Applications must include the
					 information and be in a form the Authority requires, including the following:
(1) The application must be typed or printed.
					 The application may not be handwritten. The Manager of Administration may
					 accept handwritten driver applications if the application is legible.
(2) The application must state clearly and
					 concisely the authorization or permission sought.
(3) The application must cite by appropriate
					 reference the statutory provisions, regulations or other authority under which
					 the authorization or permission is sought.
(4) The application must set forth, in the
					 order indicated, the following:
(i) The exact
					 legal name of the applicant.
(ii)
					 The jurisdiction under the statutes of which the applicant was created or
					 organized and the location of the principal place of business of the applicant,
					 when the applicant is a corporation, trust, association or other
					 entity.
(iii) The name, title,
					 mailing address, telephone number and electronic mail address, if available, of
					 the person to whom correspondence or communication in regard to the application
					 is to be addressed. The Authority will serve, when required, notices, orders
					 and other papers upon the person named, and service will be deemed to be
					 service upon the applicant.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter C - APPLICATIONS AND PROTESTS › Section 1003.53 - Applications requiring notice

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Notice of applications to the Authority for rights under the act will be
					 published in the
Pennsylvania Bulletin
and as may otherwise be
					 required by the Authority. This subsection does not apply to applications for
					 taxicab driver certificates or limousine driver certificates.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											§
											35.1 and
					 35.2 (relating to applications
					 generally; and content of applications).
This section cited in 52 Pa. Code §
													1003.54 (relating to protests); 52
						  Pa. Code §
													1027.8 (relating to additional
						  application requirements); and 52 Pa. Code §
													1059.7 (relating to additional
						  application requirements).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter C - APPLICATIONS AND PROTESTS › Section 1003.54 - Protests

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person may
					 file a protest to an application for Authority rights in one of the following
					 circumstances:
(1) The person will be
					 directly affected by the granting of the application.
(2) The protestant can and will provide all
					 or part of the proposed service.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter C - APPLICATIONS AND PROTESTS › Section 1003.55 - Applications for temporary certificate of public convenience

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application.
(1) An
					 applicant for a certificate of public convenience may seek temporary use of the
					 rights requested on an expedited basis.
(2) A request for temporary rights shall be
					 made through the relevant application form which may be obtained on the
					 Authority's web site at
www.philapark.org/tld
.
(3) Temporary rights issued by the Authority
					 will expire automatically and without further notice in the following manner:
(i) On the expiration date provided at the
					 time the temporary rights are granted, which may not exceed 6 months from the
					 date the temporary rights are granted.
(ii) On the date the application for
					 nontemporary rights is granted or denied.
(4) The Authority will include the
					 applicant's request for temporary rights in the notice of application published
					 in the
Pennsylvania Bulletin.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter D - FORMS AND GUIDANCE DOCUMENTS › Section 1003.61 - Official forms and guidance documents

Current through Register Vol. 54, No. 28, July 13, 2024
Forms for certain applications, petitions, complaints and
						other documents may be obtained on the Authority's web site at
www.philapark.org/tld
or from TLD
						Headquarters.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter E - TAXICAB AND LIMOUSINE DIVISION › Section 1003.71 - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this
						subchapter, have the following meanings, unless the context indicates
						otherwise:
TLD-Taxicab and Limousine Division
-The
						division of the Authority comprised of staff assigned to implement the purposes
						of the act, this part and the orders of the Authority.
Trial counsel
-An attorney admitted to
						practice law before the Supreme Court of Pennsylvania who is assigned to the
						Office of Trial Counsel to prosecute complaints on behalf of the Authority as
						provided in §
											1003.75 (relating to Office of
						Trial Counsel).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter E - TAXICAB AND LIMOUSINE DIVISION › Section 1003.72 - TLD staffing generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Director.
The Authority's Executive Director will designate a
					 Director of the TLD to administer the operations of TLD staff and to perform
					 the specific functions provided in the act, this part and the orders of the
					 Authority.
(b)
Manager of
					 Administration.
The Executive Director will designate a Manager of
					 Administration to complete the tasks directed by this part. The Manager of
					 Administration will report to the Director.
(c)
Administration.
The
					 Authority's Executive Director will designate additional staff and internal TLD
					 departments not otherwise required under this subpart to assist the Director
					 and Manager of Administration with the implementation of the act, this part and
					 orders of the Authority.
This section cited in 52 Pa. Code §
													1001.10 (relating to
						  definitions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter E - TAXICAB AND LIMOUSINE DIVISION › Section 1003.73 - Adjudication Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Designation.
The TLD will include an Adjudication Department
					 to provide for the administration of hearings and appeals related to
					 enforcement actions and as otherwise provided for in the act, this part or an
					 order of the Authority.
(b)
Standing presiding officers.
The Authority will appoint at
					 least one individual to the Adjudication Department as a standing presiding
					 officer to facilitate the purposes of the act and this part related to hearings
					 and appeals. The Authority may assign additional tasks to the Adjudication
					 Department, including the obligation to produce a recommended decision under
					 §
											§
											1005.201-1005.204 (relating to recommended
					 decisions).
(c)
Qualifications.
A presiding officer appointed to the
					 Adjudication Department shall have been admitted to practice law before the
					 Supreme Court of Pennsylvania for at least 7 years prior to the date of
					 designation.
(d)
Additional
					 staff.
The Executive Director may designate additional Adjudication
					 Department staff necessary to provide for the orderly operation of the
					 Department, including court reporters.
(e)
Supersession.
Subsections (a)-(d) supersede 1 Pa. Code §
											§
											35.185-35.187 (relating to designation of
					 presiding officers; disqualification of a presiding officer; and authority
					 delegated to presiding officers).
This section cited in 52 Pa. Code §
													1003.1 (relating to definitions);
						  and 52 Pa. Code §
													1005.181 (relating to designation
						  of presiding officer).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter E - TAXICAB AND LIMOUSINE DIVISION › Section 1003.74 - Enforcement Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The TLD
					 will include an Enforcement Department to be comprised of staff and inspectors
					 necessary to conduct all functions necessary for the enforcement of the act,
					 this part or an order of the Authority, including the following:
(1) To examine the condition and management
					 of any entity providing taxicab service, limousine service or other products or
					 services subject to the act.
(2) To
					 provide technical support to trial counsel in all prosecutorial
					 proceedings.
(3) To initiate
					 certain formal complaints as provided in § 1005.13 (relating to citation
					 complaints by the Authority).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter E - TAXICAB AND LIMOUSINE DIVISION › Section 1003.75 - Office of Trial Counsel

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Designation.
The TLD will include an Office of Trial Counsel
					 to be comprised of at least one attorney admitted to practice law before the
					 Supreme Court of Pennsylvania. Trial counsel will be appointed by the Executive
					 Director and will provide legal counsel and representation to the following
					 departments:
(1) The Enforcement
					 Department.
(2) Other departments
					 of the Authority permitted by the act, this part or order of the
					 Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1003 - SPECIAL PROVISIONS › Subchapter E - TAXICAB AND LIMOUSINE DIVISION › Section 1003.76 - Conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Trial counsel
					 representing the Enforcement Department, or an employee involved in the hearing
					 process, may not discuss the case ex parte with a presiding officer assigned to
					 the case, the General Counsel or an attorney assigned to the case by the
					 General Counsel.
(b) A presiding
					 officer, the General Counsel or an attorney assigned to the case by the General
					 Counsel or a member of the Authority may not discuss or exercise a direct
					 supervisory responsibility over any employee with respect to an enforcement
					 hearing with which the employee is involved.
(c) If it becomes necessary for the General
					 Counsel or an attorney appointed by the General Counsel or a member of the
					 Authority to become involved on behalf of the Authority in any formal
					 proceeding, the General Counsel or an attorney appointed by the General Counsel
					 or the member of the Authority involved shall be prohibited from participating
					 in the adjudication of that matter.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › GENERAL PROVISIONS › Section 1005.1 - Pleadings allowed

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
						limited by specific provisions of this part, the pleadings in an action before
						the Authority include the following:
(1)
						Application and protest.
(2) Formal
						complaint, answer, new matter and reply to new matter.
(3) Petition and answer.
(4) Motion and answer.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › FORMAL COMPLAINTS › Section 1005.11 - Formal complaints generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Formal complaints averring an act done or omitted to be done by a person
						subject to the jurisdiction of the Authority, in violation, or claimed
						violation of a statute which the Authority has jurisdiction to administer, or
						of this part or an order of the Authority, may be filed with the Authority by:
(1) The Enforcement Department.
(2) The Office of Trial Counsel.
(3) The PUC.
(4) Philadelphia law enforcement or licensing
						officials, as provided under section 5705(b) of the act (relating to contested
						complaints).
(5) An informal
						complainant within 30 days of service of a termination letter from the
						Authority declining further action as provided in §
													§
													1003.42(c) and
						1003.43 (relating to Authority
						action on informal complaints; and other initiation of formal
						complaints).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › FORMAL COMPLAINTS › Section 1005.12 - Content of formal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Except as permitted under § 1005.13 (relating to citation complaints by
						the Authority), a formal complaint must set forth the following:
(1) The name, mailing address, telephone
						number, telefacsimile number and electronic mailing address, if applicable, of
						the complainant.
(2) If the
						complainant is represented by an attorney, the name, mailing address, telephone
						number, telefacsimile number and Pennsylvania Supreme Court identification
						number of the attorney and, if available, the electronic mailing
						address.
(3) The name, mailing
						address and certificate or license number of the respondent complained against,
						if known, and the nature and character of its business.
(4) The interest of the complainant in the
						subject matter-for example, customer, competitor, and the like.
(5) A clear and concise statement of the act
						or omission being complained of including the result of any informal complaint
						or informal investigation.
(6) A
						clear and concise statement of the relief sought, provided that penalties
						entered in a proceeding initiated as provided in §
													1005.11(a)(4)
						(relating to formal complaints generally) will be consistent with §
													1001.61 (relating to
						penalties).
(7) Except for a
						document referenced within §
													1005.11(b), a
						document or the material part thereof, or a copy must be attached when a claim
						is based upon the document, the material part thereof, or a copy. If the
						document, the material part thereof, or a copy is not accessible, the complaint
						must set forth that the document, the material part thereof, or the copy is not
						accessible and the reason, and set forth the substance of the document or
						material part thereof.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › FORMAL COMPLAINTS › Section 1005.13 - Citation complaints by the Authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Citations.
The
						Enforcement Department or trial counsel may issue a formal complaint through a
						form citation for any violation of the act, this part or order of the
						Authority. The form citation will be filed with the Clerk and include the
						following relevant information, unless the circumstances of the violation
						render the information impracticable to obtain at the time of filing:
(1) A unique citation number.
(2) The Authority number issued to the
						certificate, driver's certificate, registration or other right of the
						respondent.
(3) If the operation of
						a motor vehicle is at issue, the following information will be provided, if
						practicable:
(i) The driver's name.
(ii) The driver's home address.
(iii) The driver's gender.
(iv) The driver's birth date.
(v) The information required under paragraph
						(4).
(4) If the incident
						involves a motor vehicle, the following information will be provided, if
						practicable:
(i) The vehicle's make.
(ii) The vehicle's model.
(iii) The vehicle identification
						number.
(iv) The vehicle's license
						plate number and state of issuance.
(v) The vehicle's color.
(vi) The vehicle's dispatcher.
(vii) The vehicle's registered
						owner.
(viii) Designation of the
						vehicle's impoundment, if applicable.
(ix) The vehicle's insurer and the policy
						number.
(5) The location
						of the incident.
(6) The time and
						date of the incident.
(7) The meter
						number and type, if applicable.
(8)
						The section of the act, this part or an order of the Authority alleged to have
						been violated.
(9) The penalty
						sought for the violation.
(10) The
						date the citation was issued.
(11)
						The issuing officer's name, signature and badge number.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › FORMAL COMPLAINTS › Section 1005.14 - Joinder of formal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Two or more complainants may join in one complaint if they are complaining
						against the same respondent, and if the subject matter and relief sought is
						substantially the same.
(b)
						Subsection (a) supersedes 1 Pa. Code §
												35.11 (relating to joinder of
						formal complaints).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › FORMAL COMPLAINTS › Section 1005.15 - Satisfaction of formal complaints

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						If the respondent satisfies a complaint either before or after a hearing, a
						statement to that effect signed by the complainant shall be filed with the
						Clerk setting forth that the complaint has been satisfied and requesting
						dismissal or withdrawal of the complaint. Except when requested by the parties,
						the Authority or presiding officer will not be required to render a final order
						upon the satisfaction of a complaint.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												35.41 (relating to satisfaction of
						complaints).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › PETITIONS › Section 1005.21 - Petitions generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Petitions are pleadings that may be filed by the trial counsel, an Authority
						division, parties, applicants, certificate holders, registrants, drivers and
						other persons authorized by the Authority. Petitions shall be filed with the
						Clerk.
(b) Petitions must be in
						writing, state clearly and concisely the grounds for the petition, the interest
						of the petitioner in the subject matter, the facts and any legal argument
						relied upon and the relief sought and otherwise comply with §
												§
						1001.31-1001.36.
(c) Petitions must
						conform to §
												1001.6 (relating to filing
						generally) and be served on all persons directly affected.
(d) Subsection (a)-(c) supplement 1 Pa. Code
						§
												§
												35.17 and
						35.18 (relating to petitions
						generally; and petitions for issuance, amendment, waiver or deletion of
						regulations).
This section cited in 52 Pa. Code §
														1001.112 (relating to notice of
							 rulemaking proceedings); 52 Pa. Code §
														1003.11 (relating to petitions for
							 issuance of emergency orders); 52 Pa. Code §
														1003.13 (relating to hearings
							 following issuance of emergency orders); 52 Pa. Code §
														1003.21 (relating to petitions for
							 interim emergency orders); 52 Pa. Code §
														1003.23 (relating to issuance of
							 interim emergency orders); 52 Pa. Code §
														1005.24 (relating to appeals from
							 actions of the staff); 52 Pa. Code §
														1011.4 (relating to annual
							 assessments and renewal fees); and 52 Pa. Code §
														1013.23 (relating to invalidation
							 upon execution or seizure).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter A - PLEADINGS › PETITIONS › Section 1005.22 - Petitions for declaratory orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Petitions for the issuance of a declaratory order to terminate a controversy or
						remove uncertainty must:
(1) State clearly
						and concisely the controversy or uncertainty which is the subject of the
						petition.
(2) Cite the statutory
						provision or other authority involved.
(3) Include a complete statement of the facts
						and grounds prompting the petition.
(4) Include a full disclosure of the interest
						of the petitioner.