Current through Register Vol. 54, No. 38, September 21, 2024
(a)
Signature.
(1)
Paper
filings. A pleading, submittal or other document must be signed in ink
by the party in interest, or by the party's attorney, as required by subsection
(b), and show the office and mailing address of the party or attorney. An
original hard copy must be signed, and other copies filed must conform thereto
unless otherwise ordered by the Commission.
(2)
Electronic filings. An
electronic filing must include an electronic signature when it is filed on the
Commission's electronic filing system by a filing user or authorized agent by
means of a user ID and password. A filing must include:
(i) A notation on the first page that it has
been electronically filed.
(ii) A
signature block and the name, office, and e-mail address of the filing
user.
(3)
Limitation on user ID and password. Each filing user may
determine the number of authorized agents who may use the filing user's user ID
and password. A filing user may not knowingly permit or cause to permit a user
ID and password to be used by anyone other than an authorized agent of the
filing user.
(b)
Signatory.
(1) A pleading,
submittal or other document filed with the Commission must be signed by one of
the following:
(i) The person filing the
documents, and severally if there is more than one person so filing.
(ii) An officer if it is a corporation,
trust, association or other organized group.
(iii) An officer or employee thereof if it is
another agency, a political subdivision, or other governmental authority,
agency or instrumentality.
(iv) An
attorney having authority with respect thereto.
(2) A document filed by a corporation, trust,
association or other organized group, may be required to be supplemented by
appropriate evidence of the authority of the officer or attorney signing the
documents.
(c)
Effect.
(1) The signature of
the individual signing a document filed with the Commission constitutes a
certificate by the individual that:
(i) The
individual has read the document being signed and filed, and knows the contents
thereof.
(ii) The document has been
signed and executed in the capacity specified upon the document with full power
and authority to do so, if executed in a representative capacity.
(iii) The document is well grounded in fact
and is warranted by existing law or a good faith argument for the extension,
modification or reversal of existing law, to the best of the individual's
knowledge, information and belief formed after reasonable inquiry.
(iv) The document is not interposed for an
improper purpose, such as to harass or to cause unnecessary delay or needless
increase in the cost of litigation.
(2) If a document is signed in violation of
this subsection, the presiding officer or the Commission, upon motion or upon
its own initiative, may impose upon the individual who signed it, a represented
party, or both, an appropriate sanction, which may include striking the
document, dismissal of the proceeding or the imposition of civil penalties
under section 3301 of the act (relating to civil penalties for
violations).
(d)
Supersession. Subsections (a)-(c) supersede 1 Pa. Code §
33.11 (relating to execution).
The provisions of this §1.35 amended under the
Public Utility Code, 66 Pa.C.S. §
§ 309-311,
315, 331-335,
501, 504-506, 701-703,
1101-1103,
1301 and
1501.
This section cited in 52 Pa. Code §
3.601 (relating to general); 52
Pa. Code §
56.173 (relating to review from
informal complaint decisions of the Bureau of Consumer Services); and 52 Pa.
Code §
56.403 (relating to review from
informal complaint decisions of the Bureau of Consumer
Services).
