Current through Register Vol. 54, No. 44, November 2, 2024
(a)
Citations. The
Enforcement Department or trial counsel may issue a formal complaint through a
form citation for any violation of the act, this part or order of the
Authority. The form citation will be filed with the Clerk and include the
following relevant information, unless the circumstances of the violation
render the information impracticable to obtain at the time of filing:
(1) A unique citation number.
(2) The Authority number issued to the
certificate, driver's certificate, registration or other right of the
respondent.
(3) If the operation of
a motor vehicle is at issue, the following information will be provided, if
practicable:
(i) The driver's name.
(ii) The driver's home address.
(iii) The driver's gender.
(iv) The driver's birth date.
(v) The information required under paragraph
(4).
(4) If the incident
involves a motor vehicle, the following information will be provided, if
practicable:
(i) The vehicle's make.
(ii) The vehicle's model.
(iii) The vehicle identification
number.
(iv) The vehicle's license
plate number and state of issuance.
(v) The vehicle's color.
(vi) The vehicle's dispatcher.
(vii) The vehicle's registered
owner.
(viii) Designation of the
vehicle's impoundment, if applicable.
(ix) The vehicle's insurer and the policy
number.
(5) The location
of the incident.
(6) The time and
date of the incident.
(7) The meter
number and type, if applicable.
(8)
The section of the act, this part or an order of the Authority alleged to have
been violated.
(9) The penalty
sought for the violation.
(10) The
date the citation was issued.
(11)
The issuing officer's name, signature and badge number.
(b)
Answer to citations. No
pleading response to a citation is necessary. Upon receipt of a citation the
respondent shall do one of the following:
(1)
Pay the penalty amount identified on the citation within 15 days after the date
of service. Payment shall be made as provided in §
§
1001.42 and
1001.43 (relating to mode of
payment to the Authority; and Authority fee schedule).
(2) File a request with the Clerk for a
hearing within 15 days after the date of service. A correctly filed request for
hearing shall be deemed a denial of each averment made in the citation.
Requests for hearings may be made by completing the applicable portion of the
citation and serving it upon the Clerk or by appearing at TLD Headquarters and
completing a hearing request form.
(c)
Default orders.
(1) If payment of a citation is not made or a
request for a hearing is not filed as provided in subsection (b), a default
order will be issue by the Authority or a presiding officer sustaining the
complaint and assessing the penalty, as proposed in the complaint, against the
respondent.
(2) If a respondent
fails to appear at a hearing requested under subsection (b), without good cause
shown, the Authority or presiding officer, upon review of evidence of service
of the Authority's hearing notice upon the respondent, will issue a default
order sustaining the complaint and assessing the fine, as proposed in the
complaint, against the respondent.
(d)
Hearing. Hearings
conducted under this section will otherwise proceed under this
subpart.
(e)
Supersession. Subsections (a)-(d) 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 §
1003.32 (relating to out of
service designation); 52 Pa. Code §
1003.74 (relating to enforcement
department); 52 Pa. Code §
1005.12 (relating to content of
formal complaints); 52 Pa. Code §
1005.113 (relating to failure to
appear, proceed or maintain order in proceedings); 52 Pa. Code §
1017.52 (relating to impoundment
of vehicles and equipment); and 52 Pa. Code §
1055.32 (relating to impoundment
of vehicles and equipment).
