Section 1001.51. Service by the Authority  


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  • (a) Applicability. This section applies to service of an order, notice, pleading or other document originating with the Authority and other documents designated by the Authority or a presiding officer, except when the Authority specifically requires a different form of service.

    (b) Forms of service.

    (1) First class mail. Service may be made by mailing a copy thereof to the person to be served, addressed to the person designated in the initial pleading, submittal or notice of appearance at the person’s residence, principal office or place of business.

    (2) Personal. Service may be made personally by Authority staff or anyone authorized by the Authority or a presiding officer.

    (3) Email. Service may be made by email upon the following persons:

    (i) A certificate holder.

    (ii) A broker.

    (iii) A regulated person that has registered an email address with the Authority under subsection (c).

    (iv) A person’s attorney under § 1001.53(a) (relating to service on attorneys).

    (v) A party to any Authority proceeding, including interveners and protestants for whom an email address is on file with the Clerk.

    (vi) A party to any Authority proceeding in which a presiding officer orders notification of parties by telephone, telefacsimile or other electronic means when time periods are short and delivery by mail or other methods may not prove adequate. The presiding officer will confirm the alternative form of service in writing and a filing will be made with the Clerk regarding confirmation.

    (c) Voluntary email registration. Any person may file an email address with the Clerk for purposes of receiving service under this part. By filing an email address with the Clerk the filing person agrees to receipt of service originating with the Authority under this section.

    (d) Change of address. It is the duty of a party identified in subsection (b)(3) or (c), or both, to notify the Clerk within 48 hours of changes to the party’s current address, including any email address on file with the Clerk.

    (e) Alternative service. If the Authority is unable to serve a party by email or by mail at the party’s last known address, the Authority may make service by publication in a newspaper of general circulation in the same area as the party’s last known address. In the alternative, service may also be accomplished by publication in the Pennsylvania Bulletin or by service on the Secretary of the Commonwealth, if appropriate.

    (f) Supersession. Subsections (a)—(e) supersede 1 Pa. Code § 33.31 (relating to service by the agency).

Notation

Cross References

This section cited in 52 Pa. Code § 1001.54 (relating to date of service); 52 Pa. Code § 1003.12 (relating to disposition of ex parte emergency orders); 52 Pa. Code § 1003.23 (relating to issuance of interim emergency orders); 52 Pa. Code § 1003.32 (relating out of service designation); 52 Pa. Code § 1005.11 (relating to formal complaints generally); 52 Pa. Code § 1005.64 (relating to withdrawal of pleadings in a contested proceeding); 52 Pa. Code § 1005.144 (relating to additional evidence); 52 Pa. Code § 1011.4 (relating to annual assessments and renewal fees); 52 Pa. Code § 1013.36 (relating to bid opening); 52 Pa. Code § 1021.5 (relating to standards for obtaining a taxicab driver’s certificate); 52 Pa. Code § 1027.8 (relating to additional application requirements); 52 Pa. Code § 1057.5 (relating to standards for obtaining a limousine driver’s certificate); and 52 Pa. Code § 1051.17 (relating to application review generally).