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COMMONWEALTH OF PENNSYLVANIA

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Pennsylvania Code



Subchapter D. FIRST CLASS CITY COMPLAINT PROCEDURES


Sec.


30.51.    Scope and purpose.
30.52.    Commencement of complaints.
30.53.    Answers to complaints.
30.54.    Proceedings on complaints.
30.55.    Default orders.

§ 30.51. Scope and purpose.

 This subchapter is intended to establish and prescribe the procedures for adjudication of Commission formal complaints brought under 66 Pa.C.S. Chapter 24 (relating to taxicabs in first class cities) against first class city taxicab medallion and certificate holders; owners, operators and drivers of first class city taxicabs and owners, operators and drivers of unauthorized vehicles. The procedures established in this subchapter do not modify, amend or otherwise affect the adjudication of formal complaints by the Commission outside the scope of this chapter.

§ 30.52. Commencement of complaints.

 (a)  Formal complaints filed under this chapter alleging violations of 66 Pa.C.S. Chapter 24 (relating to taxicabs in first class cities) or this title shall be submitted consistent with § §  5.21—5.24 (relating to formal complaints).

 (b)  Formal complaints filed under this subchapter will be considered public complaints if filed by the Commission, Commission enforcement officers, the City of Philadelphia or driver licensing agents.

 (c)  Formal complaints filed under this subchapter will be considered private complaints if filed by a member of the public other than those parties described in subsection (b).

Cross References

   This section cited in 52 Pa. Code §  30.53 (relating to answers to complaints); and 52 Pa. Code §  30.55 (relating to default orders).

§ 30.53. Answers to complaints.

 Answers to complaints filed under §  30.52 (relating to commencement of complaints) shall be filed within 15 days after the date of service of the complaint. The answer shall raise all factual allegations and legal arguments that the respondent wishes to raise in defense of the complaint. Preliminary motions may not be filed regarding complaints instituted under this subchapter.

§ 30.54. Proceedings on complaints.

 (a)  A complaint instituted under this subchapter will be assigned to a special agent or an administrative law judge who will serve as the presiding officer in the case.

 (b)  A presiding officer will conduct hearings on a public complaint within 15 days after the filing of an answer to a public complaint. This 15-day time limitation does not apply to the scheduling of hearings on a private complaint which will be scheduled by the Commission within 90 days after the initiation of the proceeding consistent with 66 Pa.C.S. §  332(g) (relating to procedures in general).

 (c)  Telephone hearings may be held in the presiding officer’s discretion.

 (d)  Hearings may be tape recorded unless the presiding officer determines that the hearing should be transcribed by a stenographer. Requests for stenographic transcription and the reasons therefor shall be presented in the complaint or answer. In the event of an appeal of the Commission’s order, a transcription of the tape recorded hearing shall be made by a court reporter approved by the Commission.

 (e)  The presiding officer may require the filing of briefs prior to the issuance of a decision although briefs will only be required in extraordinary circumstances upon the express direction of the presiding officer. Proposed findings of fact and conclusions of law may, at the presiding officer’s discretion, be submitted to the presiding officer within 5 days after the close of the record.

 (f)  The presiding officer will render a decision within 30 days after the hearing or within 30 days after receipt of the proposed findings, if any are filed. The decision will be in writing, and will contain a brief description of the subject matter of the proceedings, findings of fact and conclusions of law.

 (g)  The presiding officer’s decision will not be subject to exception or administrative appeal, although the Commission may exercise a right of review of a presiding officer’s decision within 15 days of issuance. A party may not file an exception or appeal before the Commission, and the Commission will exercise its right of review solely at its own discretion. If the Commission does not review a decision, the decision will become a final order without further Commission action. If the Commission does exercise its right of review, that review shall be exercised subject to 66 Pa.C.S. §  332(h) (relating to procedures in general).

Authority

   The provisions of this §  30.54 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 2404(a), 2409 and 2412.

Source

   The provisions of this §  30.54 amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial pages (205705) to (205706).

§ 30.55. Default orders.

 (a)  If an answer to a public complaint, instituted under §  30.52(b) (relating to commencement of complaints) is not filed within 15 days after the service of the complaint, the Commission will issue a default order sustaining the complaint and assessing the fine, as proposed in the complaint, against the respondent.

 (b)  Default orders will not be issued by the Commission in private complaint proceedings. When no answer to a private complaint has been filed, the Commission will schedule a hearing to determine the penalty to be imposed on the respondent.

Authority

   The provisions of this §  30.55 amended under the Public Utility Code, 66 Pa.C.S. § §  501, 2404(a), 2409 and 2412.

Source

   The provisions of this §  30.55 amended November 29, 1996, effective January 29, 1997, 26 Pa.B. 5816. Immediately preceding text appears at serial page (205706).



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