Section 1005.13. Citation complaints by the Authority

(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).

Notation

Cross References

This section cited in 52 Pa. Code § 1003.74 (relating to enforcement department); 52 Pa. Code § 1005.12 (relating to content of formal complaints); 52 Pa. Code § 1005.13 (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).