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 1.36 - Verification

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Applications,
					 petitions, formal complaints, motions and answers thereto containing an
					 averment of fact not appearing of record in the action or containing a denial
					 of fact must be personally verified by a party thereto or by an authorized
					 officer or other authorized employee of the party if a corporation or
					 association. Verification means a signed written statement of fact supported by
					 oath or affirmation or made subject to the penalties of
					 18 Pa.C.S. §
												4904
					 (relating to unsworn falsification to authorities). When a verification is
					 filed electronically, the verification shall be executed by a filing user, or
					 if the verification is signed by an individual who is not a filing user, a
					 filing user may file the verification electronically by scanning the original
					 verification and submitting it as an attachment to a filing. When a
					 verification is signed by an individual who is not a filing user, the original
					 verification shall be filed in paper form no later than 3 business days after
					 the electronic filing is made. The filing date for the verification in paper
					 form will be determined in accordance with §
											1.11(a)(1)-(3)
					 (relating to date of filing). The docket number for the filing must be clearly
					 indicated on the original verification. When verification is permitted,
					 notarization is not necessary.
(b)
					 The verification form should comply substantially with the following:
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) When an affidavit is used, it must be
					 notarized. A filing user may file an affidavit electronically by scanning the
					 original affidavit and submitting it as an attachment to a filing. When an
					 affidavit is filed electronically, the original affidavit shall be filed in
					 paper form no later than 3 business days after the electronic filing is made.
					 The filing date for the affidavit in paper form will be determined in
					 accordance with §
											1.11(a)(1)-(3).
					 The docket number for the filing must be clearly indicated on the original
					 affidavit. The affidavit form should comply substantially with the following:
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 of affiant)
Sworn and subscribed before me this
___
day.
___
, 2
___
.
_________________________
(Signature of official administering oath)
(My Commission Expires)
(d) An applicant for motor carrier rights
					 shall include in the verification 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,
						and will not engage in the transportation for which approval is herein sought,
						unless and until the transportation is authorized by your Honorable
						Commission.
(e) An
					 individual who executes a pleading, submittal or other document knowing that it
					 contains a false statement and who causes it to be filed in the Commission
					 shall be subject to prosecution for the commission of a misdemeanor of the
					 second degree in violation of
					 18 Pa.C.S. §
												4904(a).
(f) Subsections (a)-(e) supersede 1 Pa. Code
					 §
											33.12 (relating to
					 verification).
The provisions of this §
													1.36 amended under the Public
						  Utility Code,
						  66 Pa.C.S. §
														§
														501,
						  504-506,
						  1102,
						  1301,
						  1501,
						  2503 and
						  2504.
This section cited in 52 Pa. Code §
													3.601 (relating to general); 52
						  Pa. Code §
													3.602 (relating to abbreviated
						  securities certificate); 52 Pa. Code §
													3.381 (relating to applications
						  for transportation of property, household goods in use and persons); 52 Pa.
						  Code §
													5.22 (relating to contents of
						  formal complaint); 52 Pa. Code §
													5.342 (relating to answers or
						  objections to written interrogatories by a party); 52 Pa. Code §
													5.591 (relating to reports of
						  compliance); 52 Pa. Code §
													30.12 (relating to sale of
						  medallion); 52 Pa. Code §
													54.32 (relating to application
						  process); 52 Pa. Code §
													56.173 (relating to review from
						  informal complaint decisions of the Bureau of Consumer Services); 52 Pa. Code
						  §
													56.403 (relating to review from
						  informal complaint decisions of the Bureau of Consumer Services); 52 Pa. Code
						  §
													62.103 (relating to application
						  process); 52 Pa. Code §
													75.62 (relating to alternative
						  energy system qualification); and 52 Pa. Code §
													75.66 (relating to force
						  majeure).