reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 61 - COMPLIANCE AUDITS › Section 61.5 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
The audit report and findings will be confidential except
				  that the Department will make an audit report and findings available to the
				  Commission if the Commission is investigating an alleged violation of this
				  chapter involving the audited registration or expense report within the
				  requirements of the act and Chapters 53 and 55 (relating to registration and
				  termination; and reporting). The Commission will include the relevant portion
				  of an audit as part of its findings of fact in a Commission order that results
				  from an investigation arising out of an audit.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 61 - COMPLIANCE AUDITS › Section 61.6 - Duty of the Department to contract for an audit

Current through Register Vol. 54, No. 28, July 13, 2024
Every 2 years, the Department will contract for the services
				  of one or more certified public accountants or certified public accounting
				  firms. The contract will be awarded in a manner consistent with 62 Pa.C.S. Part
				  I (relating to Commonwealth Procurement Code), and no certified public
				  accountant or certified public accounting firm will be eligible to obtain a
				  contract for 2 successive contract periods.
This section cited in 51 Pa. Code §
											61.4 (relating to
					 report).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 63 - COMMISSION REFERRALS, INVESTIGATIONS, HEARINGS AND REFERRALS › Section 63.1 - Commission referrals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If
				the Commission has reason to believe that an intentional violation of the act
				has been committed, it will refer all relevant documents and other information
				to the Office of Attorney General and, if the lobbyist or principal is an
				attorney at law, to the Board.
(b)
				The Commission may refer any alleged violation of section 13A07(f) of the act
				(relating to prohibited activities) to the Office of Attorney General for both
				investigation and prosecution.
(c)
				The Commission will refer any alleged violation of section 13A07(d) or (f) of
				the act to the Board if the subject of the alleged violation is an attorney at
				law.
(d) Under section 13A09(b) of
				the act (relating to penalties) and §
									63.4(16)
				(relating to noninvestigative process for late or deficient filings), if the
				Commission finds that a failure to register or report was intentional, it will
				refer the matter to the Attorney General for investigation and prosecution and,
				if the person is an attorney at law, to the Board.
(e) Nothing contained in the act or this part
				will prohibit the Office of Attorney General from independently initiating an
				investigation or prosecution under the act pursuant to its authority by law,
				and the Office of Attorney General need not await a referral from the
				Commission before initiating such an investigation or prosecution.
(f) Nothing contained in the act or this part
				will restrict the Board's authority to discipline an attorney-at-law who is
				acting as a lobbyist or principal.
(g) Except for a matter under section
				13A07(d)(8) of the act, a referral by the Commission or the Office of Attorney
				General to the Board will not preclude the referring agency from also
				conducting its own enforcement proceeding under the act.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 63 - COMMISSION REFERRALS, INVESTIGATIONS, HEARINGS AND REFERRALS › Section 63.2 - Commission proceedings regarding prohibited activities under section 13A07 of the act

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Upon
				receipt of a complaint as defined in §
									51.1 (relating to definitions),
				the Commission, through its Executive Director, will conduct a preliminary
				inquiry into an alleged negligent or unintentional violation of section 13A07
				of the act (relating to prohibited activities). A preliminary inquiry will not
				be conducted for matters under the act that are required to be referred to the
				Board for the Board's exclusive review pursuant to section 13A07(d)(8) or for
				matters involving section 13A07(f) that the Commission, in its discretion,
				chooses to refer to the Office of Attorney General for investigation.
(b) Except for matters required to be
				referred to the Board for its exclusive review pursuant to section 13A07(d)(8)
				of the act, the Commission, upon the motion of the Executive Director, may
				conduct a preliminary inquiry into an alleged negligent or unintentional
				violation of section 13A07 of the act.
(c) Preliminary inquiries will be conducted
				in accordance with the procedures for preliminary inquiries set forth in
				section 1108 of the Ethics Act (relating to investigations by commission) and
				§
									21.3 (relating to preliminary
				inquiries), to the extent applicable.
(d) The Commission, through its Executive
				Director, may initiate an investigation and hold a hearing concerning alleged
				negligent or unintentional violations of section 13A07 of the act by a
				lobbyist, lobbying firm or principal, in accordance with sections 1107 and 1108
				of the Ethics Act (relating to powers and duties of commission; and
				investigations by commission) and, to the extent applicable, the related
				provisions in §§ 21.1-21.3, 21.5 and 21.21-21.27.
(1) If the respondent does not submit a
				timely request for a hearing, the Investigative Division will have an
				additional 7 days beyond the respondent's deadline in which to submit a written
				request for a hearing.
(2) The
				Commission may
sua sponte
schedule a hearing if it is
				determined that a hearing is needed to resolve any contested facts to make a
				final determination.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 63 - COMMISSION REFERRALS, INVESTIGATIONS, HEARINGS AND REFERRALS › Section 63.3 - Commission proceedings regarding late or deficient filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Commission
				proceedings under sections 13A04 or 13A05 of the act (relating to registration;
				and reporting) may be initiated based upon one or more of the following:
(1) Receipt of a complaint.
(2) Information submitted by the Department,
				at its discretion, including, but not limited to, referrals or other
				information pertaining to late or incomplete filings, the failure to file
				required registration statements and the failure to file quarterly expense
				reports.
(3) A referral by the
				Department of any information arising from an audit, which, in the view of the
				Department, is appropriate for the Commission to consider.
(4) Reviews of filings conducted by
				Commission staff.
(5) On the motion
				of the Commission's Executive Director, which is based upon a reasonable belief
				that a violation of section 13A04 or 13A05 of the act may have
				occurred.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 63 - COMMISSION REFERRALS, INVESTIGATIONS, HEARINGS AND REFERRALS › Section 63.5 - Investigative process for late or deficient filings

Current through Register Vol. 54, No. 28, July 13, 2024
The investigative process for matters under section 13A04 or
				  13A05 of the act (relating to registration; and reporting) will include the
				  following procedures:
(1) The
				Commission, through its Executive Director, may conduct a preliminary inquiry
				into any alleged negligent violation of section 13A04 or 13A05 of the act.
				Preliminary inquiries will be conducted under the procedures for preliminary
				inquiries in section 1108 of the Ethics Act (relating to investigations by
				commission) and, to the extent applicable, §
									21.3 (relating to preliminary
				inquiries).
(2) The Commission,
				through its Executive Director, may initiate an investigation and hold a
				hearing concerning alleged negligent violations of section 13A04 or 13A05 of
				the act, in accordance with sections 1107 and 1108 of the Ethics Act (relating
				to powers and duties of commission; and investigations by commission) and, to
				the extent applicable, the related provisions in §§ 21.1-21.3, 21.5
				and 21.21-21.27.
(i) If the respondent does
				not submit a timely request for a hearing, the Investigative Division will have
				an additional 7 days beyond the respondent's deadline in which to submit a
				written request for a hearing.
(ii)
				The Commission may
sua sponte
schedule a hearing if it is
				determined that a hearing is needed to resolve any contested facts to make a
				final determination.
(iii) A person
				has a duty to comply with a lawfully issued subpoena, even if that person is
				located out-of-State pursuant to
				42 Pa.C.S. §
											5322
				(relating to the bases of personal jurisdiction over persons outside this
				Commonwealth).
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 63 - COMMISSION REFERRALS, INVESTIGATIONS, HEARINGS AND REFERRALS › Section 63.6 - Administrative penalties for late or deficient filings

Current through Register Vol. 54, No. 28, July 13, 2024
Following a noninvestigative process under §
									63.4 (relating to noninvestigative
				  process for late or deficient filings), or an investigative process under
				  §
									63.5 (relating to investigative
				  process for late or deficient filings), if the Commission finds negligent
				  failure to register or report as required by the act, the Commission may, upon
				  the vote of at least four of its members present, levy one or more
				  administrative penalties as provided for in this section.
(1) Each negligent failure to register or
				report as required by the act is punishable by an administrative penalty of up
				to $50-per-day for each day the registration statement or report is delinquent
				or deficient.
(2) An administrative
				penalty will be calculated from the first day the registration statement or
				report is delinquent or deficient, through the date a complete and accurate
				registration statement or report is filed or the Commission decides the matter,
				whichever occurs first.
(3) In
				determining whether to impose an administrative penalty that is less than
				$50-per-day, the Commission may consider factors including the following:
(i) Whether the respondent contacted the
				Commission or took any meaningful measures to attempt to remedy the
				delinquency, deficiency or false statement.
(ii) Whether the respondent has raised any
				justifiable excuse such as, for example, the following:
(A) The unavailability of records due to
				loss, theft or destruction through no fault of the respondent.
(B) Incapacitating physical or mental
				illness, hospitalization, accident involvement, or death of a person required
				to register or report, a person whose participation is essential to the filing,
				or a member of the immediate family of the person.
(iii) Whether the record establishes that the
				matter involved the first instance that the respondent was subject to the
				registration/reporting requirements of the act.
(iv) Whether Commission records indicate that
				the Commission has previously notified the respondent, in writing, of other
				delinquent, deficient, or false registration statements or reports.
(v) Whether proceedings have previously been
				initiated against the respondent under the act, either by the Commission or by
				the Office of Attorney General.
(vi) Whether there are any other factors that
				should be considered as aggravating or mitigating factors in the
				case.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 63 - COMMISSION REFERRALS, INVESTIGATIONS, HEARINGS AND REFERRALS › Section 63.7 - Commission decisions as to late or deficient filings

Current through Register Vol. 54, No. 28, July 13, 2024
The determination of the Commission will be in the form of a
				  final order with findings and reasons for the adjudication.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 65 - PROHIBITION AGAINST LOBBYING FOR ECONOMIC CONSIDERATION AS A SANCTION › Section 65.1 - Basis for prohibition against lobbying for economic consideration

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Under sections
				13A07 and 13A09 of the act (relating to prohibited activities; and penalties),
				the Commission may prohibit a lobbyist from lobbying for economic consideration
				for up to 5 years when the lobbyist has done one or more of the following:
(1) Violated section 13A07(d) of the
				act.
(2) Violated section 13A07(f)
				of the act.
Pennsylvania Code › Title 51 - PUBLIC OFFICERS › Part III - Lobbying Disclosure › Chapter 69 - SEVERABILITY. › Section 69.1 - Severability

Current through Register Vol. 54, No. 28, July 13, 2024
If any provision or clause of this part or the application
				  thereof to any person or circumstances is held invalid, the invalidity will not
				  affect other provisions or applications of this part which can be given effect
				  without the invalid provision or application, and to this end the provisions of
				  this part are severable.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1.1 - Scope of subpart

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
					 subpart governs the practice and procedure before the Commission.
(b) This subpart is intended to supersede the
					 applicability of 1 Pa. Code Part II (relating to general rules of
					 administrative practice and procedure) to practice and procedure before the
					 Commission.
The provisions of this §
													1.1 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1.2 - Liberal construction

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This
					 subpart shall be liberally construed to secure the just, speedy and inexpensive
					 determination of every action or proceeding to which it is applicable. The
					 Commission or presiding officer at any stage of an action or proceeding may
					 disregard an error or defect of procedure which does not affect the substantive
					 rights of the parties.
(b) The
					 singular includes the plural, and the plural, the singular. Words used in the
					 masculine gender include the feminine and neuter. Words used in the past or
					 present tense include the future.
(c) The Commission or presiding officer at
					 any stage of an action or proceeding may waive a requirement of this subpart
					 when necessary or appropriate, if the waiver does not adversely affect a
					 substantive right of a party.
(d)
					 These liberal construction provisions apply with particularity in proceedings
					 involving pro se litigants.
(e)
					 Subsection (a) supersedes 1 Pa. Code §
											31.2 (relating to liberal
					 construction).
The provisions of this §
													1.2 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														309-311,
						  315,
						  331-335,
						  501,
						  504-506,
						  701-703,
						  1101-1103,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1.3 - Information and special instructions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Information as to procedures under this subpart, and instructions supplementing
					 this subpart in special instances, will be furnished upon application to:
(1) By first-class mail:
Secretary Pennsylvania Public Utility Commission Post
						Office Box 3265 Harrisburg, Pennsylvania 17105-3265
(2) In person or by mail other than
					 first-class:
Secretary Pennsylvania Public Utility Commission
						Commonwealth Keystone Building 400 North Street Harrisburg, Pennsylvania
						17120
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1.4 - Filing generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Submittals, pleadings and other documents filed with the Commission should be
					 submitted in one of the following manners:
(1)
					 By first-class mail:
Secretary Pennsylvania Public Utility Commission Post
						Office Box 3265 Harrisburg, Pennsylvania 17105-3265
(2) In person or by mail other than
					 first-class:
Secretary Pennsylvania Public Utility Commission
						Commonwealth Keystone Building 400 North Street Harrisburg, Pennsylvania
						17120
(3) Electronically on
					 the Commission's electronic filing system if the document is a qualified
					 document.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1.5 - Amendment to rules

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons may
					 file an application under §
											§
											5.1 and
					 5.11 (relating to pleadings
					 allowed; and applications generally) requesting a general and permanent change
					 in this subpart.
(b) Subsection (a)
					 supersedes 1 Pa. Code §
											31.6 (relating to amendments to
					 rules).
The provisions of this §
													1.5 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1.6 - Commission office hours

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise directed by the Governor, the Commission
						offices will be open from 8 a.m. until 4:30 p.m. on business days except
						Saturdays, Sundays and legal holidays.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter A - GENERAL PROVISIONS › Section 1.7 - Sessions of the Commission

Current through Register Vol. 54, No. 28, July 13, 2024
Public meetings of the Commission ordinarily will be held
						in its offices in the Commonwealth Keystone Building, Harrisburg. Schedules for
						public meetings can be obtained from the Commission Secretary or viewed on the
						Commission's website.
The provisions of this §
													1.7 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - TIME › Section 1.11 - Date of filing

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Whenever a
					 pleading, submittal or other document is required or permitted to be filed
					 under this title or by statute, it will be deemed to be filed on one of the
					 following dates:
(1) On the date actually
					 received in the office of the Secretary.
(2) On the date deposited with an overnight
					 express delivery service as shown on the express delivery receipt attached to
					 or included within the envelope containing the document.
(3) On the date deposited in the United
					 States Mail as shown by the United States Postal Service stamp on the envelope
					 or noted on a United States Postal Service Form 3817 certificate of mailing. A
					 mailing envelope stamped by an in-house postage meter is insufficient proof of
					 the date of mailing.
(4) On the
					 date stated on the confirmation of receipt from the Commission's electronic
					 filing system, when the time shown is prior to 4:30 p.m. local prevailing time
					 in the Eastern Time Zone (United States of America) and the date shown is a day
					 on which the Commission offices are open. When a document is filed
					 electronically when the offices of the Commission are closed, the document will
					 be deemed to be filed at the time the offices next open.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - TIME › Section 1.12 - Computation of time

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 otherwise provided by statute, in computing a period of time prescribed or
					 allowed by this title or by statute, the day of the act, event or default after
					 which the designated period of time begins to run is not included. The last day
					 of the period is included, unless it is Saturday, Sunday or a legal holiday in
					 this Commonwealth, in which event the period shall run until the end of the
					 next day which is neither a Saturday, Sunday or holiday. A part-day holiday
					 shall be considered as a holiday. Intermediate Saturdays, Sundays and legal
					 holidays shall be included in the computation.
(b) Except as otherwise provided by statute,
					 in computing a period of time prescribed or allowed by this title or by statute
					 which is measured by counting a specified number of days backward from a
					 scheduled future act, event or default, the day of the scheduled future act,
					 event or default is not included. The day on which the prescribed or allowed
					 action is to occur shall be included, unless it is a Saturday, Sunday or a
					 legal holiday in this Commonwealth, in which event the day of the prescribed or
					 allowed action shall run until the next preceding day which is neither a
					 Saturday, Sunday or holiday. A part-day holiday shall be considered as a
					 holiday. Intermediate Saturdays, Sundays and legal holidays are included in the
					 computation.
(c) Subsection (a)
					 supersedes 1 Pa. Code §
											31.12 (relating to computation of
					 time).
The provisions of this §
													1.12 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - TIME › Section 1.13 - Issuance of Commission orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 In computing a period of time involving the date of the issuance of an order by
					 the Commission, the day of issuance of an order will be the date the Secretary
					 enters the order. An order will not be made public prior to its entry except
					 where, in the Commission's judgment, the public interest so requires. The date
					 of entry of an order may or may not be the day of its adoption by the
					 Commission. The Secretary will clearly indicate on each order the date of its
					 adoption by the Commission and the date of its entry.
(b) At the time a decision of a presiding
					 officer becomes effective as an adjudication of the Commission in the absence
					 of Commission review as provided for in section 332(h) of the act (relating to
					 procedures in general) the Secretary will issue and serve upon the parties of
					 record an appropriate notice of the date the adjudication became effective as a
					 Commission order.
(c) The date of
					 entry of an order which is subject to review by Commonwealth Court is governed
					 by Pa.R.A.P. No. 108. The date of issuance of any other order shall be deemed
					 to be the date of entry for the purposes of computing the time for appeal under
					 an applicable statute relating to judicial review of Commission
					 action.
(d) Subsections (a) and (b)
					 are identical to 1 Pa. Code §
											31.13 (relating to issuance of
					 agency orders).
The provisions of this §
													1.13 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - TIME › Section 1.14 - Effective dates of Commission orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 An order of the Commission promulgating regulations shall be effective upon
					 publication in the
Pennsylvania Bulletin
unless otherwise
					 specially provided in the order.
(b) Except as provided in subsection (a), an
					 order of the Commission shall be effective as of the date of entry unless
					 otherwise specially provided in the order.
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §
											31.14 (relating to effective dates
					 of agency orders).
The provisions of this §
													1.14 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - TIME › Section 1.15 - Extensions of time and continuances

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Extensions of time shall be governed by
					 the following:
(1) Except as otherwise
					 provided by statute, whenever under this title or by order of the Commission,
					 or notice given thereunder, an act is required or allowed to be done at or
					 within a specified time, the time fixed or the period of time prescribed may,
					 by the Commission, the presiding officer or other authorized person, for good
					 cause be extended upon motion made before expiration of the period originally
					 prescribed or as previously extended. Upon motion made after the expiration of
					 the specified period, the act may be permitted to be done where reasonable
					 grounds are shown for the failure to act.
(2) Requests for the extension of time in
					 which to file briefs shall be filed at least 5 days before the time fixed for
					 filing the briefs unless the presiding officer, for good cause shown, allows a
					 shorter time.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter B - TIME › Section 1.16 - Issuance of decisions by presiding officers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The date of the issuance of a decision by
					 a presiding officer shall be the date on which the decision is posted on the
					 Commission's electronic filing system. The date of the issuance will be clearly
					 indicated on the decision that is posted on the electronic filing
					 system.
(b) The Secretary will mail
					 a decision to parties who are not filing users or have not agreed to receive
					 electronic service. The decision will be deposited in the United States mail on
					 the same date that the decision is posted on the Commission's electronic filing
					 system. The date of the issuance will be clearly indicated on each paper copy
					 of the decision that is mailed to parties.
(c) Parties who are filing users and have
					 agreed to receive electronic service will be notified electronically that the
					 decision has been posted on the Commission's electronic filing system and
					 provided with a link to the decision.
The provisions of this §
													1.16 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														309-311,
						  315,
						  331-335,
						  501,
						  504-506,
						  701-703,
						  1101-1103,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter C - REPRESENTATION BEFORE THE COMMISSION › Section 1.21 - Appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Individuals may
					 represent themselves.
(b) Except as
					 provided in subsection (a), persons in adversarial proceedings shall be
					 represented in accordance with §
											1.22 (relating to appearance by
					 attorneys and legal intern). For purposes of this section, any request for a
					 general rate increase under § 1307(f) or § 1308(d) of the act
					 (relating to sliding scale of rates; adjustments; and voluntary changes in
					 rates) shall be considered to be an adversarial proceeding.
(c) In nonadversarial proceedings, persons
					 may be represented in the following manner:
(1) A partner may represent the
					 partnership.
(2) A bona fide
					 officer of a corporation, trust or association may represent the corporation,
					 trust or association.
(3) An
					 officer or employee of an agency, political subdivision or government entity
					 may represent the agency, political subdivision or government entity.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter C - REPRESENTATION BEFORE THE COMMISSION › Section 1.22 - Appearance by attorney or certified legal intern

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to §
											1.21(a) (relating
					 to appearance), an attorney at law admitted to practice before the Supreme
					 Court of Pennsylvania shall represent persons in Commission
					 proceedings.
(b) An attorney not
					 licensed in this Commonwealth may appear before the Commission in accordance
					 with the Pennsylvania Bar Admission Rules.
(c) A law student meeting the requirements of
					 Pa.B.A.R. No. 321 (relating to requirements for formal participation in legal
					 matters by law students) may appear in a Commission proceeding consistent with
					 Pa.B.A.R. No. 322 (relating to authorized activities of certified legal
					 interns).
(d) Subsection (a)
					 supersedes 1 Pa. Code §
											31.22 (relating to appearance by
					 attorney).
The provisions of this §
													1.22 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													1.21 (relating to appearance); 52
						  Pa. Code §
													1.23 (relating to other
						  representation prohibited at hearings); and 52 Pa. Code §
													63.322 (relating to
						  definitions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter C - REPRESENTATION BEFORE THE COMMISSION › Section 1.23 - Other representation prohibited at hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Persons may not be represented at a
					 hearing before the Commission or a presiding officer except as stated in §
											1.21 or §
											1.22 (relating to appearance; and
					 appearance by attorney or certified legal intern).
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											§
											31.23 (relating to other
					 representation prohibited at hearings).
The provisions of this §
													1.23 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter C - REPRESENTATION BEFORE THE COMMISSION › Section 1.24 - Notice of appearance or withdrawal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Individuals
. An
					 individual appearing without legal representation before the Commission or a
					 presiding officer shall file with the Secretary an address for service of a
					 notice or other written communication. A change in address which occurs during
					 the course of the proceeding shall be reported to the Secretary
					 promptly.
(b)
Attorneys
.
(1)
Appearance by initial pleading
. An attorney who signs an
					 initial pleading in a representative capacity shall be considered to have
					 entered an appearance in that proceeding.
(2)
Appearance in all other
					 instances
. An attorney shall file with the Secretary a written notice
					 of appearance.
(i)
Content of
					 notice
. Initial pleadings, entries of appearance and notices of
					 withdrawal must include:
(A) The attorney's
					 name, mailing address and electronic mailing address, if available.
(B) Pennsylvania attorney identification
					 number or, if not licensed in this Commonwealth, identification of the
					 jurisdictions in which the attorney is licensed to practice law.
(C) Telephone number and telefacsimile
					 number, if applicable.
(D) The name
					 and address of the person represented.
(ii)
Filing
.
(A)
Appearance
. The notice
					 of appearance shall be served on the parties to the proceeding, and a
					 certificate of service shall be filed with the Secretary.
(B)
Change in address
. A
					 change in address which occurs during the course of the proceeding shall be
					 reported to the Secretary and the parties promptly.
(3)
Withdrawal
.
					 An attorney may withdraw an appearance by filing a written notice of withdrawal
					 with the Secretary. The notice shall be served on the parties and the presiding
					 officer, if one has been designated.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter C - REPRESENTATION BEFORE THE COMMISSION › Section 1.25 - Form of notice of appearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 form of notice of appearance is as follows:
COMMONWEALTH OF PENNSYLVANIA
BEFORE THE PENNSYLVANIA PUBLIC
UTILITY COMMISSION
In the Matter of:
[File, Docket or other identifying No.:]
NOTICE OF APPEARANCE
Please enter my appearance in the above-designated matter
						on behalf of.
I am authorized to accept service on behalf of said party
						in this matter
[CHECK ONE]
[ ] On the basis of this notice, I request a copy of each
						document hereafter issued by the Commission in this matter.
[ ] I am already receiving or have access to a copy of
						each document issued by the Commission in this matter (alone, or in a
						consolidated proceeding) and do not on the basis of this notice require an
						additional copy.
__________
Signature
__________
Name (Printed)
__________
P. O. address
__________
City, state and zip code
__________
Telephone Number
(including area code)
__________
Telefacsimile Number
Including Area Code
__________
Pennsylvania Attorney I.D. No./
Other Jurisdiction(s) Admitted
__________
Electronic Mail Address
(Optional)
(b) Subsection (a) is identical to 1 Pa. Code
					 §
											31.25 (relating to form of notice
					 of appearance).
The provisions of this §
													1.25 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter C - REPRESENTATION BEFORE THE COMMISSION › Section 1.26 - Contemptuous conduct

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Contemptuous conduct at a hearing before the Commission or a presiding officer
					 shall be grounds for exclusion from the hearing and for summary suspension
					 without a hearing for the duration of the hearing.
(b) Subsection (a) is identical to 1 Pa. Code
					 §
											31.27 (relating to contemptuous
					 conduct).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter C - REPRESENTATION BEFORE THE COMMISSION › Section 1.27 - Suspension and disbarment

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
					 Commission may deny, temporarily or permanently, the privilege of appearing or
					 practicing before it in any way to a person who is found by the Commission,
					 after notice and opportunity for hearing in the matter, to have done one or
					 more of the following:
(1) Lacked the
					 requisite qualifications to represent others.
(2) Lacked the requisite technical education,
					 training or experience for a particular project or type of project submitted
					 for Commission approval.
(3)
					 Engaged in unethical, contemptuous or improper conduct before the
					 Commission.
(4) Repeatedly failed
					 to follow Commission or presiding officer directives.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - DOCUMENTARY FILINGS › Section 1.31 - Requirements for documentary filings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Form
. Pleadings must be divided into numbered
					 paragraphs.
(b)
Attachments
. Copies of documents relied upon in the pleadings
					 must be identified and attached. Copies of reported court decisions, writings
					 or orders already of record with the Commission need not be attached to the
					 pleading if reference by docket number is made to the proceeding in which they
					 were filed in accordance with §
											1.33 (referring to incorporation
					 by reference).
(c)
Identifying information
. Documents filed with the Commission
					 in a proceeding must clearly contain the following information:
(1) The docket number or similar identifying
					 symbols, if any.
(2) The title or
					 caption of the proceeding before the Commission.
(3) Within the title of the document, the
					 name of the person on whose behalf the filing is made. If more than one person
					 is involved, only a single name is necessary.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - DOCUMENTARY FILINGS › Section 1.32 - Filing specifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Paper filings
. A paper filing made with the Commission must
					 be:
(1)
Typewritten
.
					 Pleadings, submittals or other documents filed in proceedings, if not printed,
					 must be typewritten on paper cut or folded to letter size, 8 to 8 1/2 inches
					 wide by 10 1/2 to 11 inches long, with left-hand margin at least 1 inch wide
					 and other margins at least 1 inch. The impression must be on only one side of
					 the paper, unless there are more than four pages, and shall be double spaced,
					 except that quotations in excess of a few lines shall be single spaced and
					 indented. Reproduced copies shall be accepted as typewritten, if copies are
					 clearly legible.
(2)
Printed
. Printed documents must be at least 10-point type on
					 unglazed paper, cut or folded so as not to exceed 8 1/2 inches wide by 11
					 inches long, with inside margin at least 1 inch wide, and with double-leaded
					 text and single-leaded, indented quotations.
(3)
Bound
. Pleadings,
					 submittals and other documents, other than correspondence, must be stapled,
					 fastened or otherwise bound at the left side only.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - DOCUMENTARY FILINGS › Section 1.33 - Incorporation by reference

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Documents on file with the Commission may be incorporated by reference into a
					 subsequent pleading, submittal or other document. A document may be so
					 incorporated only by reference to the specific document and to the prior filing
					 and docket number at which it was filed.
(b) Documents on file with the Commission for
					 more than 20 years may not be incorporated by reference in a current document
					 unless the person filing the current document first ascertains that the earlier
					 document continues to be readily available in the active records of the
					 Commission.
The provisions of this §
													1.33 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													1.31 (relating to requirements for
						  documentary filings); 52 Pa. Code §
													56.173 (relating to review from
						  informal complaint decisions of the Bureau of Consumer Services); and 52 Pa.
						  Code §
													56.403 (relating to review from
						  informal complaint decisions of the Bureau of Consumer
						  Services).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - DOCUMENTARY FILINGS › Section 1.34 - Single pleading or submittal covering more than one matter

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise provided under this
					 chapter and Chapter 5 (relating to formal proceedings), a single pleading or
					 submittal may be accepted for filing with respect to a particular transaction
					 and one or more related transactions and shall be deemed to be a single filing
					 for purposes of the computation of fees under §
											1.43 (relating to schedule of fees
					 payable to the Commission).
(b) If,
					 upon review, the Commission determines that the transactions are not closely
					 related or otherwise properly joined, the Commission will direct that the
					 single pleading be refiled as two or more separate pleadings each subject to a
					 separate filing fee.
(c) Subsection
					 (a) supersedes 1 Pa. Code §
											33.4 (relating to single pleading
					 or submittal covering more than one matter).
The provisions of this §
													1.34 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													56.173 (relating to review from
						  informal complaint decisions of the Bureau of Consumer Services); and 52 Pa.
						  Code §
													56.403 (relating to review from
						  informal complaint decisions of the Bureau of Consumer
						  Services).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - DOCUMENTARY FILINGS › Section 1.35 - Execution

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Signature
.
(1)
Paper
					 filings
. A pleading, submittal or other document must be signed in ink
					 by the party in interest, or by the party's attorney, as required by subsection
					 (b), and show the office and mailing address of the party or attorney. An
					 original hard copy must be signed, and other copies filed must conform thereto
					 unless otherwise ordered by the Commission.
(2)
Electronic filings
. An
					 electronic filing must include an electronic signature when it is filed on the
					 Commission's electronic filing system by a filing user or authorized agent by
					 means of a user ID and password. A filing must include:
(i) A notation on the first page that it has
					 been electronically filed.
(ii) A
					 signature block and the name, office, and e-mail address of the filing
					 user.
(3)
Limitation on user ID and password
. Each filing user may
					 determine the number of authorized agents who may use the filing user's user ID
					 and password. A filing user may not knowingly permit or cause to permit a user
					 ID and password to be used by anyone other than an authorized agent of the
					 filing user.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - DOCUMENTARY FILINGS › Section 1.37 - Number of copies

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Paper filings
. When a pleading, submittal or document other
					 than correspondence is submitted in hard copy, an original and the cover letter
					 shall be furnished to the Commission at the time of filing, except when:
(1) The document is subject to a statutory
					 requirement or is otherwise ordered or requested by the Commission, a different
					 number of copies may be designated.
(2) The document is subject to §
												5.502 or §
												5.533 (relating to filing and
					 service of briefs; and procedure to except to initial, tentative and
					 recommended decisions), the filing must conform to the requirements in the
					 applicable section.
(3) A filing,
					 including attachments, exceeds 10 megabytes, in addition to filing the
					 requisite number of hard copies in accordance with this subpart, a CD-ROM or
					 DVD containing the filing and an index to the filing shall be filed with the
					 Commission.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter D - DOCUMENTARY FILINGS › Section 1.38 - Rejection of filings

Current through Register Vol. 54, No. 28, July 13, 2024
The Commission may reject a filing if it does not comply
						with any applicable statute, regulation or order of the
						Commission.
The provisions of this §
													1.38 issued under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1301 and
						  1501.
This section cited in 52 Pa. Code §
													56.173 (relating to review from
						  informal complaint decisions of the Bureau of Consumer Services); and 52 Pa.
						  Code §
													56.403 (relating to review from
						  informal complaint decisions of the Bureau of Consumer
						  Services).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part I - Public Utility Commission › Subpart A - General Provisions › Chapter 1 - RULES OF ADMINISTRATIVE PRACTICE AND PROCEDURE › Subchapter E - FEES › Section 1.41 - Filing fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A pleading,
					 submittal or other document for which a filing fee is required to be charged
					 will be received, but will not be deemed to be filed, until the filing fee
					 required by statute or regulation has been paid.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											33.21 (relating to filing
					 fees).