Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 57 - Taxicabs and Limousines in First Class Cities
Section 5705 - Contested complaints


(a) Adjudication.--Contested complaints brought before the authority alleging violations of this chapter or rules and regulations promulgated by the authority pursuant to this chapter shall be assigned by the authority to a hearing officer for adjudication. Hearing officers assigned to cases pursuant to this chapter may be removed by the authority only for good cause shown. Following the taking and receiving of evidence, the hearing officer shall issue a decision which determines the merits of the complaint and assesses a penalty if warranted. The hearing officer may require the filing of briefs prior to issuing a decision. The hearing officer's decision shall not be subject to exception or administrative appeal. In its discretion, the authority may exercise review of a hearing officer's decision within 15 days of the date of issuance. If the authority does not perform a timely review of a hearing officer's decision, the decision will become a final order without further authority action. The authority may establish orders or regulations which designate rules and procedures for the adjudication of complaints brought pursuant to this chapter.
(b) Commencement of complaints.--Authority enforcement officers, Pennsylvania Public Utility Commission enforcement officers and police officers or licensing officials within cities of the first class may commence and prosecute the following:
(1) A complaint which is brought before the authority pursuant to this chapter and authority regulations applicable to taxicab or limousine operations in cities of the first class.
(2) A complaint which:
(i) arises out of service to or from a city of the first class against a taxicab or limousine operation not certified to provide service between points within a city of the first class; and
(ii) is brought before the commission to enforce commission regulations for taxicab or limousine service.
(c) Other penalties.--Nothing in this section shall be deemed to limit the ability of any city of the first class to prosecute violations and seek criminal penalties in a court of law.
(d) Appeals generally.--A person aggrieved by an order of the authority entered pursuant to this chapter may appeal the order to the Court of Common Pleas of Philadelphia County. All such appeals shall be governed by 2 Pa.C.S. Ch. 7 (relating to judicial review) and Chapter 15 of the Pennsylvania Rules of Appellate Procedure.
(July 16, 2004, P.L.758, No.94, eff. imd.; July 5, 2012, P.L.1022, No.119, eff. imd.)

2012 Amendment. Act 119 added subsec. (d).
2004 Amendment. Act 94 added section 5705.
Cross References. Section 5705 is referred to in sections 5707.1, 5710, 5725, 5745, 57A06, 57A12, 57A19 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 53 - MUNICIPALITIES GENERALLY

Chapter 57 - Taxicabs and Limousines in First Class Cities

Extra - Chapter Notes

Section 5701 - Definitions

Section 5701.1 - Legislative findings

Section 5702 - Advisory committee

Section 5703 - Rates

Section 5704 - Power of authority to require insurance

Section 5705 - Contested complaints

Section 5706 - Driver certification program

Section 5707 - Budget and assessments

Section 5707.1 - Assessment notice and hearings

Section 5708 - Funds

Section 5709 - (Reserved)

Section 5710 - Fees

Section 5711 - Power of authority to issue certificates of public convenience

Section 5712 - Medallion system

Section 5713 - Property and licensing rights

Section 5714 - Certificate and medallion required

Section 5715 - Contested complaints (Deleted by amendment)

Section 5716 - Reissuance of medallion

Section 5717 - Additional certificates and medallions

Section 5718 - Restrictions

Section 5719 - Driver certification program (Deleted by amendment)

Section 5720 - Wages

Section 5721 - Centralized dispatcher

Section 5722 - Regulations

Section 5723 - Budget and fees (Deleted by amendment)

Section 5724 - Criminal penalties

Section 5725 - Civil penalties

Section 5741 - Certificate of public convenience required

Section 5741.1 - Power of authority

Section 5742 - Regulations

Section 5743 - Budget and fees (Deleted by amendment)

Section 5744 - Criminal penalties

Section 5745 - Civil penalties