Current through Register Vol. 54, No. 44, November 2, 2024
(a) Except as permitted under § 1005.13
(relating to citation complaints by the Authority), a formal complaint must set
forth the following:
(1) The name, mailing
address, telephone number, telefacsimile number and electronic mailing address,
if applicable, of the complainant.
(2) If the complainant is represented by an
attorney, the name, mailing address, telephone number, telefacsimile number and
Pennsylvania Supreme Court identification number of the attorney and, if
available, the electronic mailing address.
(3) The name, mailing address and certificate
or license number of the respondent complained against, if known, and the
nature and character of its business.
(4) The interest of the complainant in the
subject matter-for example, customer, competitor, and the like.
(5) A clear and concise statement of the act
or omission being complained of including the result of any informal complaint
or informal investigation.
(6) A
clear and concise statement of the relief sought, provided that penalties
entered in a proceeding initiated as provided in §
1005.11(a)(4)
(relating to formal complaints generally) will be consistent with §
1001.61 (relating to
penalties).
(7) Except for a
document referenced within §
1005.11(b), a
document or the material part thereof, or a copy must be attached when a claim
is based upon the document, the material part thereof, or a copy. If the
document, the material part thereof, or a copy is not accessible, the complaint
must set forth that the document, the material part thereof, or the copy is not
accessible and the reason, and set forth the substance of the document or
material part thereof.
(b) A verification executed in accordance
with §
1001.36 (relating to verification
and affidavit) must be attached to the formal complaint.
(c) The complaint must reference the act, the
regulation or order and quote the pertinent portions thereof.
(d) Subsections (a)-(c) supersede 1 Pa. Code
§
§35.9, 35.10 and 35.14 (relating to formal complaints generally;
form and content of formal complaints; and orders to show cause).
This section cited in 52 Pa. Code §
1003.41 (relating to form and
content of informal complaints).
