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Pennsylvania Code



Subchapter A. TEMPORARY EMERGENCY ORDERS


EMERGENCY RELIEF

Sec.


1003.1.    Definitions.

EX PARTE EMERGENCY ORDERS


1003.11.    Petitions for issuance of emergency orders.
1003.12.    Disposition of ex parte emergency orders.
1003.13.    Hearings following issuance of emergency orders.

INTERIM EMERGENCY RELIEF


1003.21.    Petitions for interim emergency orders.
1003.22.    Hearing on petitions for interim emergency orders.
1003.23.    Issuance of interim emergency orders.
1003.24.    Form of interim emergency orders.
1003.25.    Authority review of interim emergency orders.

OUT OF SERVICE


1003.31.    Definitions.
1003.32.    Out of service designation.

Cross References

   This chapter cited in 52 Pa. Code §  1001.101 (relating to applications for waiver of formal requirements).

EMERGENCY RELIEF


§ 1003.1. Definitions.

 The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

   Adjudication Department—The department of the TLD created to conduct certain adjudications and other assigned functions as provided in §  1003.73 (relating to Adjudication Department).

   Emergency—A situation which presents a clear and present danger to life or property or which is uncontested and requires action prior to the next scheduled public meeting.

   Emergency order—An ex parte order issued by the Authority’s Chairperson, the Executive Director, the Director or a standing presiding officer in the Adjudication Department in response to an emergency.

   Interim emergency order—An interlocutory order issued by a presiding officer which is immediately effective and grants or denies injunctive relief during the pendency of a proceeding.

EX PARTE EMERGENCY ORDERS


§ 1003.11. Petitions for issuance of emergency orders.

 (a)  To the extent practicable, a petition for emergency order must be in the form of a petition as set forth in §  1005.21 (relating to petitions generally) and shall be served on the persons directly affected by the application.

 (b)  A petition for emergency order must be supported by a verified statement of facts which establishes the existence of an emergency, including facts to support the following:

   (1)  The petitioner’s right to relief is clear.

   (2)  The need for relief is immediate.

   (3)  The injury would be irreparable if relief is not granted.

   (4)  The relief requested is not injurious to the public interest.

§ 1003.12. Disposition of ex parte emergency orders.

 (a)  Authorization. The Authority’s Chairperson, the Executive Director, the Director or a standing presiding officer in the Adjudication Department have the authority to issue an emergency order.

 (b)  Form. An emergency order will be issued in writing and filed with the Clerk with copies to the members of the Authority.

 (c)  Ratification. An emergency order or the denial of a petition for emergency order issued by Authority’s Chairperson, the Executive Director, the Director or a standing presiding officer in the Adjudication Department will be ratified, modified or rescinded by the Authority at the next scheduled public meeting after issuance of the order, provided that a case or controversy exists on the date of the meeting.

 (d)  Service. An emergency order or the denial of a petition for emergency order will be served by the Clerk upon the persons directly affected by the decision as provided in §  1001.51 (relating to service by the Authority) with copies to the members of the Authority.

§ 1003.13. Hearings following issuance of emergency orders.

 (a)  A person against whom an emergency order is issued may file a petition for an expedited hearing to determine whether the emergency order will remain in effect. The petition must conform to the form and service requirements in §  1005.21 (relating to petitions generally).

 (b)  The petition for expedited hearing shall be filed with the Clerk and a copy served upon the Adjudication Department’s supervising presiding officer.

 (c)  The hearing will be held before a presiding officer within 10 days of receipt of the petition by the Clerk.

 (d)  If the emergency order is issued by the Authority Chairperson, the Executive Director or the Director, a presiding officer will have the authority to stay the effect of the order until the next scheduled public meeting of the Authority.

 (e)  The decision of the presiding officer will constitute a recommended decision and will be reviewed by the Authority as provided in § §  1005.211—1005.215 (relating exceptions to recommended decisions).

INTERIM EMERGENCY RELIEF


§ 1003.21. Petitions for interim emergency orders.

 (a)  A party may submit a petition for an interim emergency order during the course of a proceeding. The petition shall be filed with the Clerk and served contemporaneously on the Adjudication Department’s supervising presiding officer and on the parties.

 (b)  To the extent practicable, a petition for an interim emergency order must be in the form of a petition as set forth in §  1005.21 (relating to petitions generally). A petition for an interim emergency order must be supported by a verified statement of facts which establishes the existence of the need for interim emergency relief, including facts to support the following:

   (1)  The petitioner’s right to relief is clear.

   (2)  The need for relief is immediate.

   (3)  The injury would be irreparable if relief is not granted.

   (4)  The relief requested is not injurious to the public interest.

 (c)  Allegations set forth in the petition shall be deemed to have been denied by the opposing parties and an answer is not required. A party may file an answer in the form in §  1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response) no later than 5 days after service of a copy of the petition.

 (d)  Other pleadings, memoranda or briefs related to a petition for interim emergency order are not permitted unless specifically requested by the presiding officer.

Cross References

   This section cited in 52 Pa. Code §  1003.23 (relating to issuance of interim emergency orders).

§ 1003.22. Hearing on petitions for interim emergency orders.

 An interim emergency order may not be issued until the presiding officer holds a hearing on the merits of the petition. The hearing will be held within 10 days of the filing of the petition.

§ 1003.23. Issuance of interim emergency orders.

 (a)  A presiding officer will issue an order granting or denying interim emergency relief within 25 days of the filing of the petition.

 (b)  An order granting a petition for interim emergency relief will set forth the findings required under §  1003.21(b) (relating to petitions for interim emergency orders).

 (c)  An interim emergency order or an order denying interim emergency relief will be served as provided in §  1001.51 (relating to service by the Authority).

§ 1003.24. Form of interim emergency orders.

 (a)  An order following a hearing on a petition for interim emergency relief will include:

   (1)  A brief description of the evidence presented.

   (2)  A grant or denial of the petition.

 (b)  An order following a hearing on a petition for interim emergency relief may require a bond to be filed in a form satisfactory to the Director and will specify the amount of the bond.

§ 1003.25. Authority review of interim emergency orders.

 (a)  An order granting or denying interim emergency relief is immediately effective upon issuance by the presiding officer. A stay of the order will not be permitted while the matter is being reviewed by the Authority.

 (b)  The decision of the presiding officer will constitute a recommended decision and will be reviewed by the Authority as provided in § §  1005.211—1005.215 (relating to exceptions to recommended decisions). Failure of the Authority to act within 30 days of the date exceptions are filed will be deemed to be an affirmance of the decision of the presiding officer.

OUT OF SERVICE


§ 1003.31. Definitions.

 The following words and terms, when used in §  1003.32 (relating to out of service designation), have the following meanings, unless the context indicates otherwise:

   Out of service—Temporary prohibition from the exercise of rights granted by the Authority under the act due to a public safety concern or a violation of the act, this part or an order of the Authority. An out of service designation will be narrowly tailored to create the most limited reduction of rights necessary to protect the public interest.

   Public safety concern—Behavior of an individual or condition of a vehicle or equipment which have an immediate and direct adverse impact upon the orderly operation of taxicabs and limousines in Philadelphia or which present a direct threat to public safety. For example, a limousine with a damaged windshield, a taxicab with expired or suspended registration, or a taxicab driver subject to a police arrest warrant may each result in an immediate out of service designation because it is a public safety concern.

Authority

   The provisions of this §  1003.31 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1003.31 temporarily amended May 5, 2017, effective February 25, 2017, expire upon promulgation of final-form regulations or on November 5, 2018, whichever is later, as set forth in 53 Pa.C.S. §  57B02(b), 47 Pa.B. 2558. Immediately preceding text appears at serial page (360349).

§ 1003.32. Out of service designation.

 (Editor’s Note: This regulation has been recognized as invalid as applied to partial-rights taxicabs. Germantown Cab Company v. Philadelphia Parking Authority, 155 A.3d 669 (Pa. Cmwlth. 2017).)

 (a)  Vehicles.

   (1)  Upon observation of a condition of a taxicab or limousine that creates a public safety concern, the Enforcement Department may immediately place the taxicab or limousine out of service. Public notice of a vehicle’s out of service status will be conspicuously affixed to the vehicle and may only be removed by the Authority after inspection as provided in §  1017.36 (relating to reinspection) or by order as provided in subsection (h).

   (2)  Upon observation of a condition of a taxicab or limousine that violates the act, this part or an order of the Authority, and which does not constitute an immediate public safety concern, the Enforcement Department will provide notice of the violation to the certificate holder as provided §  1001.51 (relating to service by the Authority) and its intent to initiate an out of service designation against the taxicab or limousine. If the certificate holder does not provide proof to the Enforcement Department that the violation was corrected within 5 days of the notice, the Enforcement Department may place the taxicab or limousine out of service as provided in paragraph (1).

 (b)  Drivers. A driver’s certificate issued by the Authority under section 5706 of the act (relating to driver certification program) may be placed out of service by the Enforcement Department upon determination that the driver’s operation of a taxicab or limousine will create a public safety concern or if the driver fails to appear at TLD Headquarters upon direction of the Enforcement Department without just cause.

 (c)  Certificates and other rights. When a regulation or order of the Authority directs that a certificate or other right issued by the Authority be placed out of service, the Enforcement Department will provide notice of the violation to the certificate holder as provided in §  1001.51 and its intent to initiate an out of service designation against the certificate or other right issued by the Authority. If the certificate holder does not provide proof to the Enforcement Department that the violation was corrected within 5 days of the notice, the Enforcement Department may place the certificate or other right issued by the Authority out of service and the procedures of this section apply.

 (d)  Notice to the Clerk. The Enforcement Department will provide notice of an out of service designation to the Clerk. The notice will be provided by 4:30 p.m. on the next day during which the Authority maintains office hours as provided in §  1001.8 (relating to Authority office hours and address). The notice will include the date and time that the out of service designation was made, and the following information about the respondent, if available:

   (1)  Name.

   (2)  Address.

   (3)  Email address.

   (4)  Telephone number.

   (5)  Authority number assigned to the out of service rights.

 (e)  Hearing to be scheduled. Upon notification of an out of service designation as provided in subsection (c), the Clerk will schedule a hearing before an Adjudication Department presiding officer within 3 days of the out of service designation.

 (f)  Formal complaint.

   (1)  The Enforcement Department will file a formal complaint with the Clerk against the out of service respondent for the violations forming the basis of the out of service designation within 2 days of the designation. The complaint will be served as set forth in §  1001.51. The Enforcement Department is not prohibited from issuing and filing a formal complaint at the time notice is issued of its intent to initiate an out of service designation as provided in this section.

   (2)  The out of service designation will be terminated and the Clerk will notify the respondent and the presiding officer of the cancellation of the scheduled hearing in the event a complaint is not filed as provided in paragraph (1).

   (3)  The out of service respondent shall file an answer to the Enforcement Department’s complaint as provided in §  1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response). The answer shall be filed with the Clerk and served as provided in §  1001.52 (relating to service by a party). If the formal complaint is a form citation as provided in §  1005.13 (relating to citation complaints by the Authority), the out of service respondent shall respond to the citation under §  1005.13(b).

 (g)  Scope of hearing.

   (1)  The averments of the Enforcement Department’s complaint filed as provided in subsection (f)(1) will be deemed denied by the respondent for purposes of the out of service hearing.

   (2)  At the out of service hearing, the Enforcement Department will bear the burden of proof by a preponderance of the evidence that the out of service designation remains appropriate under this section. The respondent may submit evidence, cross-examine Enforcement Department witnesses and otherwise participate in the hearing as provided by Chapter 1005 (relating to formal proceedings).

 (h)  Order. An order following an out of service hearing may rescind, modify or continue the out of service designation. When an order of the presiding officer modifies or continues an out of service designation, the order will include a prompt date for a hearing on the Enforcement Department’s formal complaint.

 (i)  Appeal. The decision of the presiding officer will constitute a recommended decision and will be reviewed by the Authority as provided in § §  1005.211—1005.215 (relating to exceptions to recommended decisions).

Authority

   The provisions of this §  1003.32 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1003.32 temporarily amended May 5, 2017, effective February 25, 2017, expire upon promulgation of final-form regulations or on November 5, 2018, whichever is later, as set forth in 53 Pa.C.S. §  57B02(b), 47 Pa.B. 2558. Immediately preceding text appears at serial pages (360349) to (360350) and (372493).

Cross References

   This section cited in 52 Pa. Code §  1003.31 (relating to definitions); 52 Pa. Code §  1011.3 (relating to annual rights renewal process); 52 Pa. Code §  1011.4 (relating to annual assessments and renewal fees); 52 Pa. Code §  1011.5 (relating to ineligibility due to conviction or arrest); 52 Pa. Code §  1011.11 (relating to record retention); 52 Pa. Code §  1011.15 (relating to death or incapacitation of a certificate holder or certain persons with controlling interest); 52 Pa. Code §  1017.31 (relating to vehicle inspections by the Authority); 52 Pa. Code §  1017.33 (relating to failure to appear for scheduled inspection); 52 Pa. Code §  1017.35 (relating to failure to submit to field inspection); 52 Pa. Code §  1017.42 (relating to prerequisites to inspection); 52 Pa. Code §  1017.51 (relating to definitions); 52 Pa. Code §  1021.11 (relating to driver requirements); 52 Pa. Code §  1025.2 (relating to insurance forms and procedures); 52 Pa. Code §  1051.3 (relating to annual rights renewal process); 52 Pa. Code §  1051.4 (relating to annual rights renewal fees); 52 Pa. Code §  1051.5 (relating to ineligibility due to conviction or arrest); 52 Pa. Code §  1051.10 (relating to record retention); 52 Pa. Code §  1051.14 (relating to death or incapacitation of a certificate holder or certain persons with controlling interest); 52 Pa. Code §  1055.15 (relating to failure to submit to field inspection); 52 Pa. Code §  1055.19 (relating to prerequisites to inspection); and 52 Pa. Code §  1055.31 (relating to definitions).



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