Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1001 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - DOCUMENTARY FILINGS › Section 1001.36 - Verification and affidavit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Verification required.
Applications, petitions, formal
					 complaints, motions and answers thereto containing an averment or denial of
					 fact not appearing of record in the action shall be personally verified by a
					 party thereto or by an authorized officer or other authorized employee of the
					 party if a corporation, partnership, association or other business entity.
					 Under subsections (b) and (c), verification may be made by using a verification
					 or by using an affidavit.
(b)
Form verification.
When a verification is used, notarization
					 is not necessary. The filing date for the verification will be determined in
					 accordance with §
											1001.11(a)
					 (relating to date of filing). The docket number or other applicable assigned
					 Authority identification number for the filing must be clearly indicated on the
					 original verification. The verification must be in the following form:
VERIFICATION
I, ____________ , hereby state that the facts above set
						forth are true and correct (or are true and correct to the best of my
						knowledge, information and belief) and that I expect to be able to prove the
						same at a hearing held in this matter. I understand that the statements herein
						are made subject to the penalties of
						18 Pa.C.S. §
													4904
						(relating to unsworn falsification to authorities). Date:
						______________Signature:
						______________________________________
(c)
Affidavit form.
When an
					 affidavit is used, it must be notarized. The original affidavit shall be
					 submitted to the Authority and may be an attachment to a filing. The filing
					 date for the affidavit will be determined in accordance with §
											1001.11(a). The
					 docket number or other applicable assigned Authority identification number for
					 the filing must be clearly indicated on the original affidavit. The affidavit
					 must be in the following form:
AFFIDAVIT
I, ____________ , (Affiant) being duly sworn (affirmed)
						according to law, depose and say that (I am authorized to make this affidavit
						on behalf. ____________ corporation, being the holder of the office.
						____________ with that corporation, and that, I am an employee or agent.
						____________ and have been authorized to make this affidavit on its behalf and
						that) the facts above set forth are true and correct (or are true and correct
						to the best of my knowledge, information and belief) and (I or corporation)
						expect to be able to prove the same at any hearing hereof.
Signature
____________
Sworn and subscribed before me this
___
day of ____________ ,
2
___.
____________
Signature of official administering oath)
My Authority Expires:
____________
(d)
Certification process.
An applicant for a certificate shall include in the verification or affidavit
					 the following statement:
Applicant is not now engaged in intrastate transportation
						of property or passengers for compensation in this Commonwealth except as
						authorized by the Pennsylvania Public Utility Commission certificate or permit
						or Philadelphia Parking Authority certificate, and will not engage in the
						transportation for which approval is herein sought, unless and until the
						transportation is authorized by the Authority.
(e)
Criminal penalty.
An
					 individual who executes a pleading, application, submittal or other document
					 knowing that it contains a false statement and who causes it to be filed with
					 the Authority shall be subject to prosecution for the commission of a
					 misdemeanor of the second degree in violation of
					 18 Pa.C.S. §
												4904(a) (relating to unsworn
					 falsification to authorities).
(f)
Supersession.
Subsections (a)-(e) supersede 1 Pa. Code §
											33.12 (relating to
					 verification).
This section cited in 52 Pa. Code §
													1005.12 (relating to content of
						  formal complaints); 52 Pa. Code §
													1005.21 (relating to petitions
						  generally); 52 Pa. Code §
													1005.41 (relating to answers to
						  complaints, petitions, motions and other filings requiring a response); 52 Pa.
						  Code §
													1005.231 (relating to reports of
						  compliance); 52 Pa. Code §
													1011.3 (relating to annual rights
						  renewal process); 52 Pa. Code §
													1019.3 (relating to dispatcher
						  application); 52 Pa. Code §
													1021.5 (relating to standards for
						  obtaining a taxicab driver's certificate); 52 Pa. Code §
													1027.6 (relating to application
						  for sale of transferable rights); 52 Pa. Code §
													1029.5 (relating to broker
						  registration); 52 Pa. Code §
													1051.3 (relating to annual rights
						  renewal process); 52 Pa. Code §
													1057.5 (relating to standards for
						  obtaining a limousine driver's certificate); and 52 Pa. Code §
													1059.5 (relating to applications
						  for sale of transferable rights).