52 Pa. Code § 1001.36

Current through Register Vol. 54, No. 45, November 9, 2024

Section 1001.36 - Verification and affidavit

(a)Verification required. Applications, petitions, formal complaints, motions and answers thereto containing an averment or denial of fact not appearing of record in the action shall be personally verified by a party thereto or by an authorized officer or other authorized employee of the party if a corporation, partnership, association or other business entity. Under subsections (b) and (c), verification may be made by using a verification or by using an affidavit.

(b)Form verification. When a verification is used, notarization is not necessary. The filing date for the verification will be determined in accordance with § 1001.11(a) (relating to date of filing). The docket number or other applicable assigned Authority identification number for the filing must be clearly indicated on the original verification. The verification must be in the following form:

VERIFICATION

I, ____________ , hereby state that the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and that I expect to be able to prove the same at a hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). Date: ______________Signature: ______________________________________

(c)Affidavit form. When an affidavit is used, it must be notarized. The original affidavit shall be submitted to the Authority and may be an attachment to a filing. The filing date for the affidavit will be determined in accordance with § 1001.11(a). The docket number or other applicable assigned Authority identification number for the filing must be clearly indicated on the original affidavit. The affidavit must be in the following form:

AFFIDAVIT

I, ____________ , (Affiant) being duly sworn (affirmed) according to law, depose and say that (I am authorized to make this affidavit on behalf. ____________ corporation, being the holder of the office. ____________ with that corporation, and that, I am an employee or agent. ____________ and have been authorized to make this affidavit on its behalf and that) the facts above set forth are true and correct (or are true and correct to the best of my knowledge, information and belief) and (I or corporation) expect to be able to prove the same at any hearing hereof.

Signature

____________

Sworn and subscribed before me this

___

day of ____________ ,

2

___.

____________

Signature of official administering oath)

My Authority Expires:

____________

(d)Certification process. An applicant for a certificate shall include in the verification or affidavit the following statement:

Applicant is not now engaged in intrastate transportation of property or passengers for compensation in this Commonwealth except as authorized by the Pennsylvania Public Utility Commission certificate or permit or Philadelphia Parking Authority certificate, and will not engage in the transportation for which approval is herein sought, unless and until the transportation is authorized by the Authority.

(e)Criminal penalty. An individual who executes a pleading, application, submittal or other document knowing that it contains a false statement and who causes it to be filed with the Authority shall be subject to prosecution for the commission of a misdemeanor of the second degree in violation of 18 Pa.C.S. § 4904(a) (relating to unsworn falsification to authorities).

(f)Supersession. Subsections (a)-(e) supersede 1 Pa. Code § 33.12 (relating to verification).

52 Pa. Code § 1001.36

This section cited in 52 Pa. Code § 1005.12 (relating to content of formal complaints); 52 Pa. Code § 1005.21 (relating to petitions generally); 52 Pa. Code § 1005.41 (relating to answers to complaints, petitions, motions and other filings requiring a response); 52 Pa. Code § 1005.231 (relating to reports of compliance); 52 Pa. Code § 1011.3 (relating to annual rights renewal process); 52 Pa. Code § 1019.3 (relating to dispatcher application); 52 Pa. Code § 1021.5 (relating to standards for obtaining a taxicab driver's certificate); 52 Pa. Code § 1027.6 (relating to application for sale of transferable rights); 52 Pa. Code § 1029.5 (relating to broker registration); 52 Pa. Code § 1051.3 (relating to annual rights renewal process); 52 Pa. Code § 1057.5 (relating to standards for obtaining a limousine driver's certificate); and 52 Pa. Code § 1059.5 (relating to applications for sale of transferable rights).