reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › EVIDENCE › Section 1005.147 - Records of other proceedings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						When a portion of the record in another proceeding before the Authority is
						offered in evidence and shown to be relevant and material to the instant
						proceeding, a true copy of the record shall be presented in the form of an
						exhibit, together with additional copies as provided in §
												1005.149 (relating to copies and
						form of documentary evidence), unless both of the following occur:
(1) The party offering the record agrees to
						supply, within a period of time specified by the Authority or the presiding
						officer, the copies at his own expense, if any, when so required.
(2) The portion is specified with
						particularity so as to be readily identified, and upon motion is admitted into
						evidence by reference to the records of the other proceedings.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › EVIDENCE › Section 1005.148 - Official and judicial notice of fact

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Official notice or judicial notice of
						facts may be taken by the Authority or the presiding officer.
(b) When the decision of the Authority or the
						presiding officer rests on official notice or judicial notice of a material
						fact not appearing in the evidence in the record, the parties will be so
						notified.
(c) Upon notification
						that facts are about to be or have been noticed, a party adversely affected
						shall have the opportunity upon timely request to show that the facts are not
						properly noticed or that alternative facts should be noticed.
(d) The Authority or the presiding officer in
						its discretion will determine whether written presentations suffice, or whether
						oral argument, oral evidence or cross-examination is appropriate in the
						circumstances.
(e) Subsections
						(a)-(d) supersede 1 Pa. Code §
												35.173 (relating to official
						notice of facts).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › EVIDENCE › Section 1005.149 - Copies and form of documentary evidence

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as otherwise provided in this
						subpart, when exhibits of a documentary character are offered in evidence,
						copies shall be furnished to the presiding officer and to the parties present
						at the hearing, unless the presiding officer otherwise directs. Two copies of
						each exhibit of documentary character shall be furnished for the use of the
						Authority unless otherwise directed by the presiding officer.
(b) Whenever practicable, all exhibits of a
						documentary character received in evidence must be on paper of good quality and
						so prepared as to be plainly legible and durable, whether printed, typewritten
						or otherwise reproduced, and conform to Chapter 1001, Subchapter D (relating to
						documentary filings) whenever practicable.
(c) Subsection (a) supersedes 1 Pa. Code
						§
												35.169 (relating to copies to
						parties and agency). Subsection (b) supersedes 1 Pa. Code §
												35.168 (relating to form and size
						of documentary evidence).
This section cited in 52 Pa. Code §
														1005.34 (relating to filing of
							 petitions to intervene); and 52 Pa. Code §
														1005.149 (relating to records of
							 other proceedings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › WITNESSES › Section 1005.151 - Oral examination

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Witnesses shall be examined orally unless the testimony is taken by deposition
						as permitted by the Authority or presiding officer or the facts are stipulated
						in the manner provided in §
												1005.91 or §
												1005.101 (relating to conferences
						generally; and presentation and effect of stipulations) or the testimony of
						expert witnesses is submitted in prepared written form as permitted by the
						Authority or presiding officer. Witnesses whose testimony is to be taken shall
						be sworn, or shall affirm, before their testimony shall be deemed evidence in
						the proceeding or any questions are put to them.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												35.137 (relating to oral
						examination).
This section cited in 52 Pa. Code §
														1005.111 (relating to order of
							 procedure).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › WITNESSES › Section 1005.152 - Written testimony

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General.
Use of written testimony in Authority proceedings is
						encouraged, especially in connection with the testimony of witnesses determined
						by the Authority or presiding officer to be experts. Written direct testimony
						is required of expert witnesses testifying in rate cases.
(b)
Use.
The Authority or
						presiding officer may direct that expert testimony to be given upon direct
						examination be submitted as prepared written testimony. A reasonable period of
						time will be allowed to prepare written testimony.
(c)
Rules regarding use.
Written testimony is subject to the same rules of admissibility and
						cross-examination of the sponsoring witness as if it were presented orally in
						the usual manner.
(d)
Cross-examination.
Cross-examination of the witness presenting
						written testimony shall proceed at the hearing at which testimony is
						authenticated if service of the written testimony is made upon each party of
						record at least 20 days prior to the hearing, unless the presiding officer for
						good cause otherwise directs. In a rate proceeding, the presiding officer or
						the Authority will establish the schedule for the filing and authentication of
						written testimony, and for cross-examination by other parties.
(e)
Form.
Written testimony
						must normally be prepared in question and answer form, include a statement of
						the qualifications of the witness and be accompanied by exhibits to which it
						relates. A party offering prepared written testimony shall insert line numbers
						in the left-hand margin on each page. A party should also use a logical and
						sequential numbering system to identify the written testimony of individual
						witnesses.
(f)
Service.
Written testimony shall be served upon the presiding
						officer and parties in the proceeding in accordance with the schedule
						established by this chapter. At the same time the testimony is served, a
						certificate of service for the testimony shall be filed with the
						Clerk.
(g)
Copies.
At the hearing at which the testimony is authenticated, counsel for the witness
						shall provide two copies of the testimony to the court reporter.
(h)
Supersession.
Subsections (a)-(g) supersede 1 Pa. Code §
												§
												35.138,
						35.150 and
						35.166 (relating to expert
						witnesses; scope and conduct of examination; and prepared expert
						testimony).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › WITNESSES › Section 1005.153 - Offers of proof

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An offer of
						proof may be requested when opposing counsel contends the witness is not
						competent to testify to the subject matter or that the evidence to be offered
						is inadmissible. An offer of proof also may be made when the presiding officer
						has sustained an objection to the admission of testimony or tangible evidence.
						If the proffered evidence is tangible, it shall be marked for identification
						and constitute the offer of proof. If the proffered evidence is oral testimony,
						the offer of proof shall consist of a summary of the evidence which counsel
						contends would be adduced by the testimony. The presiding officer may also
						request a statement of the basis for admissibility of the evidence.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												35.190(b)
						(relating to appeals to agency head from rulings of presiding
						officers).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › SUBPOENAS › Section 1005.161 - Subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
Matters related to subpoenas shall be as provided in 1
						  Pa. Code §
												35.142 (relating to
						  subpoenas).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › SUBPOENAS › Section 1005.162 - Depositions

Current through Register Vol. 54, No. 28, July 13, 2024
Matters related to depositions shall be as provided in
						  1 Pa. Code §
												§
												35.145-35.152 (relating to
						  depositions).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter D - EVIDENCE AND WITNESSES › CLOSE OF THE RECORD › Section 1005.171 - Close of the record

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The record
						will be closed at the conclusion of the hearing unless otherwise directed by
						the Authority or presiding officer.
(b) After the record is closed, additional
						matter may not be relied upon or accepted into the record unless allowed for
						good cause shown by the Authority or presiding officer upon motion.
(c) Subsections (a) and (b) supersede 1 Pa.
						Code §
												§
												35.231 and
						35.232 (relating to reopening on
						application of party; and reopening by presiding officer).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter E - PRESIDING OFFICERS › Section 1005.181 - Designation of presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 When evidence is to be taken in a proceeding, either the Authority, a standing
					 presiding officer appointed under §
											1003.73(b)
					 (relating to Adjudication Department) or an Authority representative appointed
					 according to law and qualified as provided in §
											1005.182 (relating to
					 qualifications) may preside at the hearing.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.185 (relating to designation of
					 presiding officers).
This section cited in 52 Pa. Code §
													1005.182 (relating to
						  qualifications).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter E - PRESIDING OFFICERS › Section 1005.182 - Qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An authority
					 representative appointed as provided in §
											1005.181 (relating to designation
					 of presiding officer) will be one of the following:
(1) A member of the Authority.
(2) The Director.
(3) An attorney admitted to practice law
					 before the Supreme Court of Pennsylvania for at least 7 years prior to the date
					 of designation.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter E - PRESIDING OFFICERS › Section 1005.183 - Disqualification of a presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party may file a motion for
					 disqualification of a presiding officer which shall be accompanied by
					 affidavits alleging personal bias or other disqualification.
(b) A presiding officer may withdraw from a
					 proceeding when deemed disqualified in accordance with law.
(c) A motion for disqualification shall be
					 filed with the Clerk and served on the presiding officer and the parties to the
					 proceeding.
(d) The presiding
					 officer will rule upon a motion for disqualification within 30 days of receipt.
					 Failure to rule upon a motion for disqualification within 30 days of its
					 receipt will be deemed to be a denial of the motion.
(e) The ruling of the presiding officer on a
					 motion for disqualification is subject to the interlocutory appeal procedure in
					 §
											1005.131 (relating to
					 interlocutory review generally).
(f) Subsections (a)-(e) supersede 1 Pa. Code
					 §
											35.186 (relating to
					 disqualification of a presiding officer).
This section cited in 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 1005 - FORMAL PROCEEDINGS › Subchapter E - PRESIDING OFFICERS › Section 1005.184 - Authority of presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The presiding officer will have the authority, within the powers of the act,
					 this part or an order of the Authority. This authority includes, but is not
					 limited to, the power to exclude irrelevant, immaterial or unduly repetitive
					 evidence, to prevent excessive examination of witnesses, to schedule and impose
					 reasonable limitations on discovery and to otherwise regulate the course of the
					 proceeding.
(b) Upon the conclusion
					 of a proceeding, the presiding officer will have the authority to issue a
					 decision. Each decision of a presiding officer will be considered a recommended
					 decision as provided in §
											1005.201 (relating to recommended
					 decisions generally), except as provided in section 5705(a) of the act
					 (relating to contested complaints).
(c) Subsections (a) and (b) supersede 1 Pa.
					 Code §
											35.187 (relating to authority
					 delegated to presiding officers).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter E - PRESIDING OFFICERS › Section 1005.185 - Restrictions on duties and activities

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Presiding officers will not perform
					 duties inconsistent with their duties and responsibilities as such.
(b) Except as required for the disposition of
					 ex parte matters not prohibited by the act, a presiding officer will not
					 consult a person or party on a fact in issue unless upon notice and opportunity
					 for all parties to participate.
(c)
					 Subsections (a) and (b) supersede 1 Pa. Code §
											35.188 (relating to restrictions
					 on duties and activities).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter E - PRESIDING OFFICERS › Section 1005.186 - Manner of conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 The presiding officer will conduct a fair and impartial hearing and maintain
					 order.
(b) The presiding officer
					 may note on the record a party's disregard of a ruling. When necessary, the
					 presiding officer may submit a report to the Authority recommending suspension
					 and disbarment of the offending person as provided by §
											1001.27 (relating to suspension
					 and disbarment).
(c) Subsections
					 (a) and (b) supersede 1 Pa. Code §
											35.189 (relating to manner of
					 conduct of hearings).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter E - PRESIDING OFFICERS › Section 1005.187 - Unavailability of presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 If a presiding officer becomes unavailable, the Adjudication Department's
					 supervising presiding officer may either designate another qualified standing
					 presiding officer to prepare the initial or recommended decision or cause the
					 record to be certified to the Authority for decision.
(b) Subsection (a) supersedes 1 Pa. Code
					 §
											35.203 (relating to unavailability
					 of presiding officer).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter F - BRIEFS › Section 1005.191 - Content and form of briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 When briefs are required by this part or upon direction of the Authority or
					 presiding officer in a proceeding, the brief must contain the following:
(1) A concise statement or counter-statement
					 of the case.
(2) Reference to the
					 pages of the record or exhibits where the evidence relied upon by the filing
					 party appears.
(3) An argument
					 preceded by a summary. The party with the burden of proof shall, in its main or
					 initial brief, completely address, to the extent possible, every issue raised
					 by the relief sought and the evidence adduced at hearing.
(4) A conclusion with requested
					 relief.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter F - BRIEFS › Section 1005.192 - Filing and service of briefs

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Service.
Copies shall be served on the parties in accordance
					 with §
											1001.57 (relating to number of
					 copies to be served).
(b)
Number of copies.
An original and 12 copies of a brief shall
					 be filed with the Clerk in proceedings before the Authority, with only 3 copies
					 filed in proceedings before a presiding officer.
(c)
Filing of briefs in nonrate
					 proceedings.
(1)
Initial
					 brief.
An initial brief shall be filed by the party with the burden of
					 proof except as provided by agreement or by direction of the presiding
					 officer.
(2)
Response
					 brief.
A party may file a response brief to the initial
					 brief.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter G - RECOMMENDED DECISIONS AND APPEALS › RECOMMENDED DECISIONS › Section 1005.201 - Recommended decisions generally

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						This subchapter applies only to proceedings referred to a presiding officer for
						a recommended decision by a provision of this part or order of the
						Authority.
(b) The Authority will
						employ the use of recommended decisions in lieu of proposed reports.
This section cited in 52 Pa. Code §
														1003.54 (relating to protests); 52
							 Pa. Code §
														1003.73 (relating to Adjudication
							 Department); 52 Pa. Code §
														1005.24 (relating to appeals from
							 actions of the staff); 52 Pa. Code §
														1005.184 (relating to authority of
							 presiding officer); 52 Pa. Code §
														1005.202 (relating to
							 certification of record without decision); and 52 Pa. Code §
														1011.4 (relating to annual
							 assessments and renewal fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter G - RECOMMENDED DECISIONS AND APPEALS › RECOMMENDED DECISIONS › Section 1005.202 - Certification of record without decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a proceeding is referred to a
						presiding officer as provided in §
												1005.201 (relating to recommended
						decisions generally), that officer will normally file a decision. The record
						will be certified to the Authority without a decision of the presiding officer
						only as required or allowed by the Authority.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												§
												35.201-35.207 (relating to proposed
						reports generally).
This section cited in 52 Pa. Code §
														1003.54 (relating to protests); 52
							 Pa. Code §
														1003.73 (relating to Adjudication
							 Department); 52 Pa. Code §
														1005.24 (relating to appeals from
							 actions of the staff); and 52 Pa. Code §
														1011.4 (relating to annual
							 assessments and renewal fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter G - RECOMMENDED DECISIONS AND APPEALS › RECOMMENDED DECISIONS › Section 1005.203 - Appeal hearings

Current through Register Vol. 54, No. 28, July 13, 2024
In the event a matter is referred to a presiding
						  officer with instructions to conduct hearings to develop an evidentiary record
						  or if the petition for appeal avers a material factual dispute which the
						  presiding officer determines necessitates a hearing, the hearing will be
						  conducted as provided in Subchapter B (relating to hearings).
This section cited in 52 Pa. Code §
														1003.54 (relating to protests); 52
							 Pa. Code §
														1003.73 (relating to Adjudication
							 Department); 52 Pa. Code §
														1005.24 (relating to appeals from
							 actions of the staff); and 52 Pa. Code §
														1011.4 (relating to annual
							 assessments and renewal fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter G - RECOMMENDED DECISIONS AND APPEALS › RECOMMENDED DECISIONS › Section 1005.204 - Briefs and oral argument before presiding officer

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In matters which do not require a hearing
						to develop an evidentiary record, the presiding officer may issue a recommended
						decision upon review of the petition and answer, if any.
(b) On the presiding officer's own motion or
						at the request of a party, the presiding officer may order the filing of briefs
						in a form consistent with Subchapter F (relating to briefs) on a schedule the
						presiding officer deems appropriate.
(c) In the event briefs are filed, on the
						presiding officer's own motion or at the request of a party the presiding
						officer may order the presentation of oral argument and impose limits on the
						argument that are deemed appropriate. When determining the propriety of oral
						argument the presiding officer will consider the limitations of time, the
						nature of the proceedings, the complexity or importance of the issues of fact
						or law involved and the public interest.
(d) Subsections (a)-(c) supersede 1 Pa. Code
						§
												35.204 (relating to oral argument
						before presiding officer).
This section cited in 52 Pa. Code §
														1003.54 (relating to protests); 52
							 Pa. Code §
														1003.73 (relating to Adjudication
							 Department); 52 Pa. Code §
														1005.24 (relating to appeals from
							 actions of the staff); and 52 Pa. Code §
														1011.4 (relating to annual
							 assessments and renewal fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter G - RECOMMENDED DECISIONS AND APPEALS › EXCEPTIONS TO RECOMMENDED DECISIONS › Section 1005.211 - Exceptions to recommended decisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Subject to subsection (f), a party may
						file written exceptions to the recommended decision of a presiding officer with
						the Clerk within 15 days after the recommended decision is issued, unless some
						other exception period is provided. Exceptions may not be filed with respect to
						an interlocutory decision.
(b) Each
						exception must be numbered and identify the finding of fact or conclusion of
						law to which exception is taken and cite relevant pages of the decision.
						Supporting reasons for the exceptions must follow each specific
						exception.
(c) The exceptions must
						be concise. The exceptions and supporting reasons must be limited to 20 pages
						in length. Statements of reasons supporting excep-tions must, insofar as
						practicable, incorporate by reference and citation, relevant portions of the
						record and passages in previously filed briefs. A separate brief in support of
						or in reply to exceptions may not be filed with the Clerk.
(d) An original and 12 copies of the
						exceptions shall be filed with the Clerk.
(e) Unless otherwise ordered by the
						Authority, §
												§
												1001.11 and
						1001.54 (relating to date of
						filing; and date of service) will not be available to extend the time periods
						for filing exceptions.
(f) A
						presiding officer's decision related to an enforcement proceeding will not be
						subject to exception or administrative appeal, except as provided in section
						5705(a) of the act (relating to contested complaints).
(g) Subsections (a)-(f) supersede 1 Pa. Code
						§
												§
												35.211 and
						35.212 (relating to procedure to
						except to proposed report; and content and form of briefs on
						exceptions).
This section cited in 52 Pa. Code §
														1003.13 (relating to hearings
							 following issuance of emergency orders); 52 Pa. Code §
														1003.25 (relating to Authority
							 review of interim emergency orders); 52 Pa. Code §
														1003.32 (relating to out of
							 service designation); 52 Pa. Code §
														1003.51 (relating to applications
							 generally); 52 Pa. Code §
														1005.213 (relating to final orders
							 and effect of failure to file exceptions); 52 Pa. Code §
														1005.214 (relating to oral
							 argument before the Authority); and 52 Pa. Code §
														1011.4 (relating to annual
							 assessments and renewal fees).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter G - RECOMMENDED DECISIONS AND APPEALS › EXCEPTIONS TO RECOMMENDED DECISIONS › Section 1005.212 - Replies

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A party has the
						right to file a reply to an exception in proceedings before the Authority.
						Unless otherwise directed by the Authority or presiding officer, a reply shall
						be filed within 10 days of the date that an exception is filed and be limited
						to 20 pages in length and in paragraph form. A reply must be concise and
						incorporate by reference relevant passages in previously filed briefs. A reply
						may not raise new arguments or issues, but be limited to responding to the
						arguments or issues in the exception.
(b) Unless otherwise ordered by the
						Authority, §
												§
												1001.11 and
						1001.54 (relating to date of
						filing; and date of service) will not be available to extend the time periods
						for filing replies to an exception.
(c) Subsections (a) and (b) supersede 1 Pa.
						Code §
												35.211 (relating to procedure to
						except to proposed report).
This section cited in 52 Pa. Code §
														1003.13 (relating to hearings
							 following issuance of emergency orders); 52 Pa. Code §
														1003.25 (relating to Authority
							 review of interim emergency orders); and 52 Pa. Code §
														1003.32 (relating to out of
							 service designation).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter G - RECOMMENDED DECISIONS AND APPEALS › EXCEPTIONS TO RECOMMENDED DECISIONS › Section 1005.213 - Final orders and effect of failure to file exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Enforcement proceedings.
A presiding officer's decision related to an enforcement proceeding will become
						a final order or adjudication of the Authority as provided in section 5705(a)
						of the act (relating to contested complaints).
(b)
Other proceedings.
If no
						exceptions are filed in a proceeding included within §
												1005.211(a) 
						(relating to exceptions to recommended decisions), the decision of the
						presiding officer will become a final order or adjudication of the Authority
						without further Authority action unless, within 15 days after the decision is
						issued, two or more members of the Authority request that the General Counsel
						schedule the decision for Authority review. Authority action on exceptions will
						be a final order or adjudication.
(c)
Supersession.
Subsections (a) and (b) supersede 1 Pa. Code §
												§
												35.213 and
						35.226 (relating to effect of
						failure to except to proposed report; and final orders).
This section cited in 52 Pa. Code §
														1001.13 (relating to issuance of
							 Authority orders); 52 Pa. Code §
														1003.13 (relating to hearings
							 following issuance of emergency orders); 52 Pa. Code §
														1003.25 (relating to Authority
							 review of interim emergency orders); and 52 Pa. Code §
														1003.32 (relating to out of
							 service designation).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter G - RECOMMENDED DECISIONS AND APPEALS › EXCEPTIONS TO RECOMMENDED DECISIONS › Section 1005.214 - Oral argument before the Authority

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						In a case brought to the Authority by the filing of an exception or appeal, a
						request for oral argument before the Authority shall be filed in writing
						together with the appeal.
(b) In a
						case where exceptions are filed under §
												1005.211 (relating to exceptions
						to recommended decisions), a request for oral argument before the Authority
						shall be filed in writing together with exceptions to the recommended decision
						or a reply.
(c) In a case where a
						recommended decision will not be issued, a request for oral argument before the
						Authority shall be filed in writing together with the initial or responding
						brief.
(d) If oral argument is
						ordered, it shall be limited, unless otherwise specified, to matters properly
						raised by the briefs.
(e)
						Subsections (a)-(d) supersede 1 Pa. Code §
												§
												35.214 and
						35.221 (relating to oral argument
						on exceptions; and briefs and oral argument in absence of proposed
						report).
This section cited in 52 Pa. Code §
														1003.13 (relating to hearings
							 following issuance of emergency orders); 52 Pa. Code §
														1003.25 (relating to Authority
							 review of interim emergency orders); and 52 Pa. Code §
														1003.32 (relating to out of
							 service designation).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter G - RECOMMENDED DECISIONS AND APPEALS › EXCEPTIONS TO RECOMMENDED DECISIONS › Section 1005.215 - Withdrawal of appeals

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The filing
						of exceptions to a recommended decision will be deemed to be an appeal to the
						Authority of the recommended decision and is subject to review by the
						Authority.
(b) An appeal to the
						Authority may be withdrawn at any time. If the presiding officer's previous
						decision is not otherwise subject to Authority review, it becomes final and
						effective upon the filing of a notice of withdrawal.
This section cited in 52 Pa. Code §
														1003.13 (relating to hearings
							 following issuance of emergency orders); 52 Pa. Code §
														1003.25 (relating to Authority
							 review of interim emergency orders); and 52 Pa. Code §
														1003.32 (relating to out of
							 service designation).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter H - REOPENING, RECONSIDERATION AND REHEARING › Section 1005.221 - Reopening prior to a final decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At any time after the record is closed
					 but before a final decision is issued, a party may file a petition to reopen
					 the proceeding for the purpose of taking additional evidence.
(b) A petition to reopen must set forth
					 clearly the facts claimed to constitute grounds requiring reopening of the
					 proceeding, including material changes of fact or of law alleged to have
					 occurred since the conclusion of the hearing.
(c) Within 10 days following the service of
					 the petition, another party may file an answer thereto.
(d) The record may be reopened upon
					 notification to the parties in a proceeding for the reception of further
					 evidence if there is reason to believe that conditions of fact or of law have
					 so changed as to require, or that the public interest requires, the reopening
					 of the proceeding.
(1) The presiding officer
					 may reopen the record if the presiding officer has not issued a decision or has
					 not certified the record to the Authority.
(2) The Authority may reopen the record after
					 the presiding officer has issued a decision or certified the record to the
					 Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter H - REOPENING, RECONSIDERATION AND REHEARING › Section 1005.222 - Petitions for relief

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Petitions
					 for rehearing, reargument, reconsideration, clarification, rescission,
					 amendment, supersedeas or the like must be in writing and specify, in numbered
					 paragraphs, the findings or orders involved, and the points relied upon by
					 petitioner, with appropriate record references and specific requests for the
					 findings or orders desired.
(b) A
					 copy of every petition covered under subsection (a) shall be served upon each
					 party to the proceeding.
(c)
					 Petitions for reconsideration, rehearing, reargument, clarification,
					 supersedeas or others shall be filed within 10 days after the Authority order
					 involved is entered or otherwise becomes final.
(d) Answers to a petition covered under
					 subsection (a) shall be filed and served within 10 days after service of a
					 petition.
(e) The filing of a
					 petition as provided in this section will not act to toll any period of appeal
					 related to judicial review of an Authority action. The expiration of a period
					 of appeal without action by the Authority will be deemed a denial of the
					 petition by the Authority.
(f)
					 Subsections (a)-(e) supersede 1 Pa. Code §
											35.241 (relating to application
					 for rehearing or reconsideration).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter I - REPORTS OF COMPLIANCE › Section 1005.231 - Reports of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 person subject to the jurisdiction of the Authority who is required to do or
					 perform an act by an Authority order, certificate, registration, driver's
					 certificate or other right shall file with the Director a notice stating that
					 the requirement has or has not been met or complied with.
(b) The notice shall be filed within 30 days
					 following the date when the requirement becomes effective, unless the
					 Authority, by regulation, by order or by making specific provision thereof in
					 the certificate, registration, driver's certificate or other right provides
					 otherwise for compliance or proof of compliance. The notice shall be
					 accompanied by a verification in accordance with §
											1001.36 (relating to verification
					 and affidavit).
(c) Subsections (a)
					 and (b) supersede 1 Pa. Code §
											35.251 (relating to reports of
					 compliance).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter I - REPORTS OF COMPLIANCE › Section 1005.232 - Compliance with orders prescribing rates

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the Authority makes a final decision
					 concerning a rate filing and permits or requires the adoption of rates other
					 than the rates originally filed, the certificate holder affected shall file,
					 within 20 days of entry of the final order, a tariff revision consistent with
					 the Authority's decision together with a proof of revenues and supporting
					 calculations. The certificate holder shall simultaneously serve copies of the
					 tariff revision, along with the proof of revenues and supporting calculations,
					 on the parties in the proceeding. A utility may also be required to provide an
					 electronic, red-lined copy of any filing made to assist the parties in promptly
					 identifying and analyzing the filing.
(b) Unless otherwise specified in the order,
					 the tariff revision shall be effective upon statutory notice to the Authority
					 and to the public and, whether made effective on statutory notice or under
					 authority granted in the order, shall bear under the effective date on the
					 title page the following notation:
"Filed in compliance with the order of Philadelphia
						Parking Authority, entered ____________ 2 ______ (date) at _______ : ________
						(time)."
(c) Exceptions to a
					 tariff revision under this section may be filed by a party to the proceeding
					 within 10 days of the date of service of the compliance filing, and must be
					 strictly limited in scope to the factual issue of alleged deviation from
					 requirements of the Authority order. The utility making the compliance filing
					 may respond to exceptions within 5 days. Further pleadings will not be
					 permitted.
(d) Rates contained in a
					 tariff revision filed in compliance with an Authority order may not be imposed
					 prior to entry of a subsequent order by the Authority approving the compliance
					 filing. Notwithstanding the filing of an exception, the Authority may allow the
					 compliance rates to become effective.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter J - APPEALS TO COURT › Section 1005.241 - Notice of taking appeal

Current through Register Vol. 54, No. 28, July 13, 2024
When an appeal is taken from an order of the Authority to
						the Court of Common Pleas of Philadelphia County, the appellant shall
						immediately give notice of the appeal to all parties to the Authority
						proceeding, the Clerk and the General Counsel, as provided under §
											1001.52 (relating to service by a
						party).
The provisions of this 1005.241 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 1005 - FORMAL PROCEEDINGS › Subchapter J - APPEALS TO COURT › Section 1005.242 - Preparation and certification of records

Current through Register Vol. 54, No. 28, July 13, 2024
A record will not be certified as complete until copies
						of exhibits or other papers have been furnished when necessary to complete the
						Authority file. Copies will be requested by the Authority.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart A - General Provisions › Chapter 1005 - FORMAL PROCEEDINGS › Subchapter J - APPEALS TO COURT › Section 1005.243 - Certification of interlocutory orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) When the Authority has made an order
					 which is not a final order, a party may by motion request that the Authority
					 find, and include the findings in the order by amendment, that the order
					 involves a controlling question of law as to which there is a substantial
					 ground for difference of opinion and that an immediate appeal to Court of
					 Common Pleas of Philadelphia County from the order may materially advance the
					 ultimate termination of the matter. The motion shall be filed within 10 days
					 after service of the order, and is procedurally governed under §
											1005.71 (relating to motions).
					 Unless the Authority acts within 30 days after the filing of the motion, the
					 motion will be deemed denied.
(b)
					 Neither the filing of a motion under subsection (a), nor the adoption of an
					 amended order containing the requested finding, will stay a proceeding unless
					 otherwise ordered by the Authority or Court of Common Pleas of Philadelphia
					 County.
(c) Subsections (a) and (b)
					 supersede 1 Pa. Code §
											35.225 (relating to interlocutory
					 orders).
The provisions of this §
													1005.243 temporarily amended under
						  53 Pa.C.S. §
														57B
						  02.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1011 - GENERAL PROVISIONS › Section 1011.3 - Annual rights renewal process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Expiration of driver and broker rights.
All driver and broker
				  rights will expire as follows:
(1) A taxicab
				  driver's certificate will expire 1 year from its date of issuance or renewal
				  unless a taxicab driver opts to pay no more than double the annual renewal fee
				  as provided in §
											1011.4 (relating to annual
				  assessments and renewal fees) to be issued a taxicab driver certificate to
				  expire 2 years from the date of issuance or renewal.
(2) Except as provided in subsection (g), a
				  broker registration will expire on June 30 of each year.
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1011 - GENERAL PROVISIONS › Section 1011.4 - Annual assessments and renewal fees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Assessments and renewal
				  fees.
The owners of rights issued by the Authority shall pay an annual
				  assessment or renewal fee as follows:
(1)
Taxicab drivers and brokers.
A taxicab driver or broker shall
				  pay a renewal fee in an amount established each year as set forth in the
				  Authority's annual fee schedule as provided in §
											1001.43 (relating to Authority fee
				  schedule).
(2)
Medallion
				  taxicab certificate holders.
A medallion taxicab certificate holder
				  shall pay an assessment amount that is 1% of the annual gross operating revenue
				  of a medallion owner through fares collected excluding tips and
				  tolls.
(3)
Dispatcher
				  certificate holders.
A dispatcher certificate holder shall pay an
				  assessment in an amount established each year under section 5707(c)(3) of the
				  act (relating to budget and assessments).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1011 - GENERAL PROVISIONS › Section 1011.5 - Ineligibility due to conviction or arrest

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person is ineligible to own any
				  interest in any right issued by the Authority if the person, or a person having
				  a controlling interest in the person or a key employee, has been subject to a
				  conviction as defined in §
										1001.10 (relating to
				  definitions).
(b) In the event a
				  regulated party owning a transferable right becomes ineligible to hold rights
				  issued by the Authority due to a conviction, the regulated party shall
				  immediately cease use of the rights and initiate the sale of the rights to an
				  eligible person as provided in Chapter 1027 (relating to sale of rights). If
				  the regulated party is an individual medallion taxicab certificate holder or
				  the sole owner of the securities of a medallion taxicab certificate holder,
				  that person shall surrender to the Authority any medallion owned by the
				  certificate holder and associated TLD inspection stickers to hold for
				  safekeeping until the medallion is sold.
(c) A regulated party or applicant shall
				  inform the Director within 72 hours of being subject to an arrest or conviction
				  as defined under §
										1001.10.
(d) In the event a criminal prosecution is
				  initiated against a regulated party for a crime that may lead to a conviction
				  as defined in § 1001.10, the Enforcement Department or trial counsel may
				  place the subject rights out of service as provided in §
										1003.32 (relating to out of
				  service designation).
The provisions of this §
												1011.5 temporarily amended under
						53 Pa.C.S. §
													57B
						02.
This section cited in 52 Pa. Code §
												1011.9 (relating to taxicab
						service limitations); 52 Pa. Code §
												1011.15 (relating to death or
						incapacitation of a certificate holder or certain persons with controlling
						interest); 52 Pa. Code §
												1017.42 (relating to prerequisites
						to inspection); 52 Pa. Code §
												1019.2 (relating to ineligible
						persons for dispatcher service); 52 Pa. Code §
												1019.3 (relating to dispatcher
						application); 52 Pa. Code §
												1027.7 (relating to required
						application information); and 52 Pa. Code §
												1029.4 (relating to ineligible
						persons for broker certification).
Pennsylvania Code › Title 52 - PUBLIC UTILITIES › Part II - Philadelphia Parking Authority › Subpart B - Taxicabs › Chapter 1011 - GENERAL PROVISIONS › Section 1011.6 - Fleet program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
				  Authority will maintain a fleet program to assist taxicab certificate holders
				  with the process of accurately transferring liability for Philadelphia parking
				  violations from the owner of the vehicle to the driver of the vehicle when the
				  parking violation was issued.
(b)
				  Each taxicab certificate holder engaged in the leasing of a taxicab to a
				  taxicab driver shall enroll in the Authority's fleet program. Information
				  related to enrollment and an enrollment application may be obtained from the
				  Authority at
www.philapark.org/tld
.