Section 1.36. Verification

(a) Applications, petitions, formal complaints, motions and answers thereto containing an averment of fact not appearing of record in the action or containing a denial of fact must be personally verified by a party thereto or by an authorized officer or other authorized employee of the party if a corporation or association. Verification means a signed written statement of fact supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). When a verification is filed electronically, the verification shall be executed by a filing user, or if the verification is signed by an individual who is not a filing user, a filing user may file the verification electronically by scanning the original verification and submitting it as an attachment to a filing. When a verification is signed by an individual who is not a filing user, the original verification shall be filed in paper form no later than 3 business days after the electronic filing is made. The filing date for the verification in paper form will be determined in accordance with § 1.11(a)(1)—(3) (relating to date of filing). The docket number for the filing must be clearly indicated on the original verification. When verification is permitted, notarization is not necessary.

(b) The verification form should comply substantially with the following:

VERIFICATION

I,

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, 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:

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(Signature)

(c) When an affidavit is used, it must be notarized. A filing user may file an affidavit electronically by scanning the original affidavit and submitting it as an attachment to a filing. When an affidavit is filed electronically, the original affidavit shall be filed in paper form no later than 3 business days after the electronic filing is made. The filing date for the affidavit in paper form will be determined in accordance with § 1.11(a)(1)—(3). The docket number for the filing must be clearly indicated on the original affidavit. The affidavit form should comply substantially with the following:

AFFIDAVIT

I,

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, (Affiant) being duly sworn (affirmed) according to law, depose and say that (I am authorized to make this affidavit on behalf of

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corporation, being the holder of the office of

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with that corporation, and that, I am an employee or agent of

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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.

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(Signature of affiant)

Sworn and subscribed before me this

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day of

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, 2

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.

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(Signature of official administering oath)

(My Commission Expires)

(d) An applicant for motor carrier rights shall include in the verification 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, and will not engage in the transportation for which approval is herein sought, unless and until the transportation is authorized by your Honorable Commission.

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

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

The provisions of this § 1.36 adopted October 12, 1984, effective January 1, 1985, 14 Pa.B. 3819; amended July 14, 1989, effective July 15, 1989, 19 Pa.B. 3037; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 414; amended April 28, 2006, effective April 29, 2006, 36 Pa.B. 2097; amended September 26, 2008, effective September 27, 2008, 38 Pa.B. 5303. Immediately preceding text appears at serial pages (319054) to (319055).

Notation

Authority

The provisions of this § 1.36 amended under the Public Utility Code, 66 Pa.C.S. § § 501, 504—506, 1102, 1301, 1501, 2503 and 2504.

Notes of Decisions

Letter from corporate officer requesting reinstatement of Certificate of Public Convenience was properly considered although not in formal compliance with regulations. P-I-E Nationwide, Inc. v. Pennsylvania Public Utility Commission, 567 A.2d 1124 (Pa. Cmwlth. 1989).

Cross References

This section cited in 52 Pa. Code § 3.601 (relating to general); 52 Pa. Code § 3.602 (relating to abbreviated securities certificate); 52 Pa. Code § 3.381 (relating to applications for transportation of property, household goods in use and persons); 52 Pa. Code § 5.22 (relating to contents of formal complaint); 52 Pa. Code § 5.342 (relating to answers or objections to written interrogatories by a party); 52 Pa. Code § 5.591 (relating to reports of compliance); 52 Pa. Code § 30.12 (relating to sale of medallion); 52 Pa. Code § 54.32 (relating to application process); 52 Pa. Code § 56.173 (relating to review from informal complaint decisions of the Bureau of Consumer Services); 52 Pa. Code § 56.403 (relating to review from informal complaint decisions of the Bureau of Consumer Services); 52 Pa. Code § 62.103 (relating to application process); 52 Pa. Code § 75.62 (relating to alternative energy system qualification); and 52 Pa. Code § 75.66 (relating to force majeure).