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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter F. SERVICE OF DOCUMENTS


Sec.


1001.51.    Service by the Authority.
1001.52.    Service by a party.
1001.53.    Service on attorneys.
1001.54.    Date of service.
1001.55.    Proof of service.
1001.56.    Form of certificate of service.
1001.57.    Number of copies to be served.

Cross References

   This subchapter cited in 52 Pa. Code §  1005.114 (relating to electronic testimony).

§ 1001.51. Service by the Authority.

 (a)  Applicability. This section applies to service of an order, notice, pleading or other document originating with the Authority and other documents designated by the Authority or a presiding officer, except when the Authority specifically requires a different form of service.

 (b)  Forms of service.

   (1)  First class mail. Service may be made by mailing a copy thereof to the person to be served, addressed to the person designated in the initial pleading, submittal or notice of appearance at the person’s residence, principal office or place of business.

   (2)  Personal. Service may be made personally by Authority staff or anyone authorized by the Authority or a presiding officer.

   (3)  Email. Service may be made by email upon the following persons:

     (i)   A certificate holder.

     (ii)   A broker.

     (iii)   A regulated person that has registered an email address with the Authority under subsection (c).

     (iv)   A person’s attorney under §  1001.53(a) (relating to service on attorneys).

     (v)   A party to any Authority proceeding, including interveners and protestants for whom an email address is on file with the Clerk.

     (vi)   A party to any Authority proceeding in which a presiding officer orders notification of parties by telephone, telefacsimile or other electronic means when time periods are short and delivery by mail or other methods may not prove adequate. The presiding officer will confirm the alternative form of service in writing and a filing will be made with the Clerk regarding confirmation.

 (c)  Voluntary email registration. Any person may file an email address with the Clerk for purposes of receiving service under this part. By filing an email address with the Clerk the filing person agrees to receipt of service originating with the Authority under this section.

 (d)  Change of address. It is the duty of a party identified in subsection (b)(3) or (c), or both, to notify the Clerk within 48 hours of changes to the party’s current address, including any email address on file with the Clerk.

 (e)  Alternative service. If the Authority is unable to serve a party by email or by mail at the party’s last known address, the Authority may make service by publication in a newspaper of general circulation in the same area as the party’s last known address. In the alternative, service may also be accomplished by publication in the Pennsylvania Bulletin or by service on the Secretary of the Commonwealth, if appropriate.

 (f)  Supersession. Subsections (a)—(e) supersede 1 Pa. Code §  33.31 (relating to service by the agency).

Cross References

   This section cited in 52 Pa. Code §  1001.54 (relating to date of service); 52 Pa. Code §  1003.12 (relating to disposition of ex parte emergency orders); 52 Pa. Code §  1003.23 (relating to issuance of interim emergency orders); 52 Pa. Code §  1003.32 (relating out of service designation); 52 Pa. Code §  1005.11 (relating to formal complaints generally); 52 Pa. Code §  1005.64 (relating to withdrawal of pleadings in a contested proceeding); 52 Pa. Code §  1005.144 (relating to additional evidence); 52 Pa. Code §  1011.4 (relating to annual assessments and renewal fees); 52 Pa. Code §  1013.36 (relating to bid opening); 52 Pa. Code §  1021.5 (relating to standards for obtaining a taxicab driver’s certificate); 52 Pa. Code §  1027.8 (relating to additional application requirements); 52 Pa. Code §  1051.10 (relating to additional application requirements); 52 Pa. Code §  1051.17 (relating to application review generally); and 52 Pa. Code §  1057.5 (relating to standards for obtaining a limousine driver’s certificate.

§ 1001.52. Service by a party.

 (a)  Pleadings, submittals, briefs and other documents shall be served upon parties in the proceeding and upon the presiding officer, if one has been assigned.

 (b)  Service may be made by one of the following methods:

   (1)  First class mail. Service may be made by mailing the requisite number of copies to each party as provided in §  1001.57 (relating to number of copies to be served), properly addressed with postage prepaid.

   (2)  Personal. Service may be made personally by delivering the requisite number of copies to each party as provided in §  1001.57. Personal service may only be made by an individual 18 years of age or older.

   (3)  Telefacsimile or email. Service may be made by telefacsimile or email to those parties who have agreed to accept service in that manner. Documents served electronically need not be followed by service of a hard copy if the parties have so agreed. This section is not intended to limit service by email available under any other section in this part.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code §  33.32 (relating to service by a participant).

Cross References

   This section cited in 52 Pa. Code §  1001.54 (relating to date of service); 52 Pa. Code §  1001.56 (relating to form of certificate of service); 52 Pa. Code §  1003.32 (relating to out of service designation); 52 Pa. Code §  1005.11 (relating to formal complaints generally); 52 Pa. Code §  1005.24 (relating to appeals from actions of the staff); 52 Pa. Code §  1005.35 (relating to notice, service and action on petitions to intervene); 52 Pa. Code §  1005.241 (relating to notice of taking appeal); and 52 Pa. Code §  1011.4 (relating to annual assessments and renewal fees).

§ 1001.53. Service on attorneys.

 (a)  When an attorney enters an appearance under §  1001.24 (relating to notice of appearance or withdrawal), service shall be directed to the attorney in the same manner as prescribed for the attorney’s client. An attorney’s entry of appearance must include an email address at which all communications and notices from the Authority or other parties to the attorney’s client may be served.

 (b)  When a party is represented by an attorney, service upon the attorney shall be deemed service upon the party. Separate service on the party may be omitted.

 (c)  Subsections (a) and (b) supersede 1 Pa. Code § §  31.26 and 33.33 (relating to service on attorneys; and effect of service upon an attorney).

Cross References

   This section cited in 52 Pa. Code §  1001.51 (relating to service by the Authority).

§ 1001.54. Date of service.

 (a)  The date of service shall be the day when the document served meets one of the following conditions:

   (1)  The document is deposited in the United States mail.

   (2)  The document is deposited with an overnight express package delivery service.

   (3)  The document is delivered in person.

   (4)  The document is transmitted by telefacsimile or email as provided in §  1001.51(b) or §  1001.52(b) (relating to service by the Authority; and service by a party) prior to 4:30 p.m. local prevailing time in the Eastern Time Zone (United States).

 (b)  Unless otherwise prescribed by the Authority or presiding officer, whenever a party is required or permitted to do an act within a prescribed period after service of a document upon the party and the document is served by first-class mail by the United States Postal Service, 3 days shall be added to the prescribed period.

 (c)  Subsection (a) supersedes 1 Pa. Code §  33.34 (relating to date of service).

Cross References

   This section cited in 52 Pa. Code §  1005.211 (relating to exceptions to recommended decisions); and 52 Pa. Code §  1005.212 (relating to replies).

§ 1001.55. Proof of service.

 (a)  A certificate of service in the form prescribed under §  1001.56 (relating to form of certificate of service) must accompany and be attached to the original and all copies of pleadings, submittals or other documents filed with the Authority when service is required to be made by the parties.

 (b)  Subsection (a) supersedes 1 Pa. Code §  33.35 (relating to proof of service).

Cross References

   This section cited in 52 Pa. Code §  1001.10 (relating to definitions).

§ 1001.56. Form of certificate of service.

 (a)  The form of certificate of service must be as follows:

 I hereby certify that I have this day served a true copy of the foregoing document upon the parties, listed below, in accordance with the requirements of §  1001.52 (relating to service by a party).

 (List names and addresses of parties served and manner in which each was served.)

 Dated this


day of 2
.

 



(Print Name)

 Counsel for



 



(Signature)

 (b)  Subsection (a) supersedes 1 Pa. Code §  33.36 (relating to form of certificate of service).

Cross References

   This section cited in 52 Pa. Code §  1001.10 (relating to definitions); and 52 Pa. Code §  1001.55 (relating to proof of service).

§ 1001.57. Number of copies to be served.

 (a)  One copy of a document shall be served on the presiding officer if one has been designated. The following number of copies of documents shall be served on other parties in a proceeding:

   (1)  Briefs.

     (i)   Service of hard copies—two copies.

     (ii)   Service by telefacsimile or electronic mail, when permitted—one copy.

   (2)  Other documents—one copy.

 (b)  Subsection (a) supersedes 1 Pa. Code §  33.37 (relating to number of copies).

Cross References

   This section cited in 52 Pa. Code §  1001.52 (relating to service by a party); 52 Pa. Code §  1005.192 (relating to filing and service of briefs); and 52 Pa. Code §  1011.4 (relating to annual assessments and renewal fees).



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