Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 54 Pa.B. 488 (January 27, 2024).

52 Pa. Code § 1019.3. Dispatcher application.

§ 1019.3. Dispatcher application.

 (a)  General. To obtain a dispatcher’s certificate a person shall complete and file Form SA-1 ‘‘Sale Application’’ in person with the Director along with the application fee as provided in § §  1001.42 and 1001.43 (relating to mode of payment to the Authority; and Authority fee schedule). The SA-1 may be obtained on the Authority’s web site at www.philapark.org/tld.

   (1)  The applicant for a dispatcher’s certificate shall execute the SA-1 in the presence of the Director or a designee. If the applicant is not an individual, the application must include an original executed and notarized resolution from the applicant authorizing the execution and filing of the SA-1 application.

   (2)  The Director will refuse to accept an application which is incomplete for any reason.

   (3)  Upon acceptance, the Director will submit a copy of the application documents to the Clerk and an application docket number will be assigned.

 (b)  SA-1 application. The completed SA-1 shall be verified as provided in §  1001.36 (relating to verification and affidavit) and be filed with the Director in person by the owner of the applicant and include all of the information required by the Authority:

   (1)  The name of the applicant and contact information, including a mailing address, a business address of the exact location of dispatch operations, a telephone number, an email address and a facsimile number.

   (2)  An identification of the applicant as an individual or a person as provided in §  1001.10 (relating to definitions).

   (3)  If the applicant is not an individual, the following must be included:

     (i)   The articles of incorporation, operating agreement, formation documents or other applicable organizing documents for the applicant.

     (ii)   A certificate of good standing for the applicant from the Bureau of Corporations and Charitable Organizations.

     (iii)   A copy of the Department of State’s entity page for the applicant.

     (iv)   The trade name, if any, of the applicant and a copy of the trade name registration certificate, if applicable.

     (v)   The name of a holding company as defined in §  1011.2 (relating to definitions) having an interest in the proposed buyer and a contemporaneous certificate of good standing for the holding company from the Bureau of Corporations and Charitable Organizations, or similarly authorized entity in another jurisdiction in the United States.

   (4)  The mailing address and physical address of the applicant, if different.

   (5)  A list of all Authority or PUC certificates or other rights in which the applicant or any person with a controlling influence in the applicant has any controlling interest, including taxicab medallions.

   (6)  The name, address, telephone number, facsimile number and email address of any attorney or broker, or both, assisting the applicant through the Authority’s dispatcher certification process.

   (7)  A criminal history report issued within 30 days of the filing of the application from any jurisdiction in which all of the following individuals have lived during the last 5 years through the date of application:

     (i)   An individual applicant.

     (ii)   Any person with a controlling interest in the applicant.

     (iii)   Each key employee.

   (8)  A written statement verified as provided in §  1001.36, which provides that:

     (i)   The applicant, each person with a controlling interest in the applicant and each key employee have not been subject to a conviction as provided in §  1001.10.

     (ii)   The applicant, each person with a controlling interest in the applicant and each key employee are in compliance with §  1011.7 (relating to payment of outstanding fines, fees and penalties).

     (iii)   The applicant, each person with a controlling interest in the applicant and each key employee are current on all reports due in relation to other rights issued by the Authority.

     (iv)   The applicant can comply with the requirements in §  1019.8 (relating to dispatcher requirements).

     (v)   The proposed buyer has read and understands the prohibitions of ownership as provided in §  1011.5 (relating to ineligibility due to conviction or arrest).

   (9)  A copy of the applicant’s business plan.

   (10)  A completed original of Form DSP-3 ‘‘Business Experience Questionnaire.’’ A copy of the DSP-3 may be obtained on the Authority’s web site at www.philapark.org/tld.

   (11)  The Federal Tax Identification number of the applicant.

   (12)  A list including name, home address and telephone numbers for current corporate officers, directors, stockholders, key employees and persons with controlling interests as defined in §  1011.2, if applicable.

 (c)  DSP-2 application. At the time an SA-1 is filed, an applicant for a dispatcher’s certificate shall also file a DSP-2 ‘‘Dispatcher Colors and Markings Change/Application’’ as provided in §  1019.7 (relating to name, colors and markings review).

 (d)  Financial fitness generally. The Authority will review the financial fitness of the applicant for a dispatcher’s certificate, including all of the following:

   (1)  Bank statements of the applicant for a dispatcher’s certificate or bank statements of the holder of stock or membership certificate evidencing ownership of a bank account not less than the greater of $5,000 in unencumbered or available funds.

   (2)  The credit report of each of the persons identified in subsection (b)(12) evidencing a credit score of at least 600 for each person.

   (3)  The absence of any outstanding and unappealed civil judgments against each person identified in subsection (b)(12).

   (4)  The Authority may require the submission of additional financial information necessary to determine the financial fitness of an applicant for a dispatcher’s certificate.

 (e)  Broker. Documents intended for submission to the Director as part of the sale process shall be prepared by a broker registered with the Authority as provided in Chapter 1029 (relating to brokers) or an attorney admitted to practice law by the Supreme Court of Pennsylvania.

Authority

   The provisions of this §  1019.3 temporarily amended under 53 Pa.C.S. §  57B02.

Source

   The provisions of this §  1019.3 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 (360438) and (373115).

Cross References

   This section cited in 52 Pa. Code §  1019.8 (relating to dispatcher requirements).



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