Section 255.3. Certificate of authorization

(a) Application procedure. A person wishing to be authorized to operate a messenger service shall make application to the Bureau on forms furnished by the Bureau. The application shall include all of the following:

(1) Photographs, interior and exterior, of the proposed place of business of the applicant, including branch offices, if any.

(2) A letter of reference from a bank.

(3) Three letters of reference from reputable business concerns.

(4) A set of fingerprints of the applicant, or principals of a partnership or corporation.

(5) The prescribed annual fee for the principal place of business of the applicant and branch offices, if any. The fee will be returned if the application is denied.

(6) The prescribed bond, on the form of the Department or a surety’s binding commitment to issue the bond upon approval of the application.

(7) A listing of outstanding liabilities due and owing to the Commonwealth, if any.

(8) The names and social security numbers of owners, officers and employes of the messenger service.

(b) Review of application. The Department will examine and determine the genuineness, regularity and legality of every application for a certificate of authorization as a messenger service. The Department may cause an investigation of the applicant to be made with regard to any of the following:

(1) Condition of the applicant’s proposed business premises.

(2) Department and other Commonwealth records pertaining to the business or an owner, officer or agent.

(3) The personal history of an owner, officer or agent.

(4) An unsatisfied judgment against the business, owner or officer in the county where the business is doing business, or where the owner and officers reside.

(5) The driving record of an owner, officer or agent, who will be transporting documents.

(6) Credit rating of the business and its owners, and officers.

(7) Assets and liabilities of the business.

(c) The Department may deny an application for a certificate of authorization upon determining that the applicant is not capable of performing the duties of a messenger service in a manner consistent with the public interest due to any of the following:

(1) Information revealed in the investigation.

(2) The applicant’s failure to disclose required material information.

(3) The applicant’s making of a materially false statement on the application.

(d) Opportunity for review. If the Department denies an application for a certificate of authorization, the Department will provide the applicant with an opportunity to show cause why the application should not be denied.

(e) Temporary certificate of authorization. After reviewing an application, the Bureau may issue a temporary certificate of authorization. The temporary certificate of authorization will be issued for 60 days, during which period the Bureau may cause an investigation to be made of the operations of the messenger service. When the temporary certificate of authorization expires, the Bureau may either deny or issue a regular certificate of authorization.

(f) Issuance of certificate of authorization. If the Bureau determines that the applicant is capable of performing the duties of a messenger service in a manner consistent with the public interest and the applicable fees are paid, a certificate of authorization will be issued to the applicant. The certificate of authorization will be issued on a fiscal year basis. In no case will a certificate of authorization be issued for more than 12 months. Certificates of authorization will expire on June 30 of each calendar year.

(g) Renewal of certificate of authorization. A certificate of authorization shall be renewed annually on a form provided by the Bureau.

(h) Transfer of certificate of authorization. A certificate of authorization may not be transferred and shall be valid only for the owners in whose names it is issued.

(1) In the case of a change of ownership, the messenger service shall notify the Bureau within 5 days.

(2) The following are regarded as changes of ownership:

(i) Whenever the owner takes a new partner.

(ii) Whenever the owner sells the business.

(iii) Incorporation of a business.

(iv) Sale of controlling interest in a corporation.

The provisions of this § 255.3 adopted September 9, 1977, effective September 10, 1977, 7 Pa.B. 2608; amended May 4, 1984, effective May 21, 1984, 14 Pa.B. 1561; readopted May 26, 1989, effective immediately and applies retroactively to May 5, 1989, 19 Pa.B. 2253. Immediately preceding text appears at serial pages (127692) and (90320) to (90321).

Notation

Authority

The provisions of this § 255.3 amended under the Vehicle Code, 75 Pa.C.S. § § 6103 and 7501(a).