52 Pa. Code § 1011.4 - Annual assessments and renewal fees

(a) Assessments and renewal fees. The owners of rights issued by the Authority shall pay an annual assessment or renewal fee as follows:

(1) Taxicab drivers and brokers. A taxicab driver or broker shall pay a renewal fee in an amount established each year as set forth in the Authority's annual fee schedule as provided in § 1001.43 (relating to Authority fee schedule).

(2) Medallion taxicab certificate holders. A medallion taxicab certificate holder shall pay an assessment amount that is 1% of the annual gross operating revenue of a medallion owner through fares collected excluding tips and tolls.

(3) Dispatcher certificate holders. A dispatcher certificate holder shall pay an assessment in an amount established each year under section 5707(c)(3) of the act (relating to budget and assessments).

(b) Payment of assessments by certificate holders.

(1) Medallion taxicab certificate holders. Assessment payments shall be made by each medallion taxicab certificate holder to the Authority on a quarterly basis of each fiscal year. The first quarter begins on July 1 and ends on September 30. The second quarter begins on October 1 and ends on December 31. The third quarter begins on January 1 and ends on March 31. The fourth quarter begins on April 1 and ends on June 30. The assessment payment is due within 30 days after service of the notice of assessment from the Authority as provided in § 1001.51 (relating to service by the Authority).

(2) Dispatcher certificate holder. A dispatcher certificate holder may pay the assessment in four equal installments with the first payment being due within 30 days after service of the notice of assessment as provided in section 5707.1(a) of the act (relating to assessment notice and hearings) and on September 15, December 15 and February 15 of each fiscal year.

(c) Payment of renewal fees by taxicab drivers. The annual renewal fee for taxicab drivers is due with the filing of the DR-3 as provided in § 1011.3(c)(3)(i) (relating to annual rights renewal process).

(d) Payment of renewal fees by brokers. The annual renewal fee for brokers is due with the filing of the BR-4 as provided in § 1011.3(c)(3)(ii).

(e) Late assessment or renewal fee payments. Rights issued by the Authority may be placed out of service at the time an assessment or renewal fee payment becomes late, as provided in § 1003.32(c) (relating to out of service designation).

(f) Assessment hearings.

(1) Within 15 days after service of notice of assessment, a medallion taxicab certificate holder or a dispatcher certificate holder may file a petition with the Authority which specifically avers the reason that the assessment is excessive, erroneous, unlawful or otherwise invalid.

(2) Petitions filed under this subsection shall be filed with the Clerk, served as provided in § 1001.52 (relating to service by a party), otherwise comply with § 1005.21 (relating to petitions generally) and will be assigned to a presiding officer for a recommended decision as provided in § § 1005.201-1005.204 (relating to recommended decisions).

(3) The Authority shall fix the time and place for a hearing on a properly filed petition and will serve notice thereof upon parties in interest. After the conclusion of the hearing, the Authority will issue a decision and findings in sufficient detail to enable a court to determine, on appeal, the controverted question presented by the proceeding and whether proper weight was given to the evidence.

(4) The filing of a petition under this subsection does not relieve the owner of the obligation to pay the assessment within the specified time frame. If a refund due from the Authority to the objecting owner or an additional assessment payment due from the objecting owner to the authority is required, the payment shall be made within 10 days after notice of the findings of the Authority.

(5) A suit or proceeding may not be commenced or maintained in a court for the purpose of restraining or delaying the collection or payment of an assessment made under this section. A person aggrieved by an order entered under this subsection is subject to § 1005.211 (relating to exceptions to recommended decisions).

Notes

52 Pa. Code § 1011.4

The provisions of this § 1011.4 amended October 17, 2014, effective 10/18/2014, 44 Pa.B. 6665; temporarily amended May 5, 2017, effective 2/25/2017, expire upon promulgation of final-form regulations or on November 5, 2018, whichever is later, as set forth in 53 Pa.C.S. § 57B 02(b), 47 Pa.B. 2558.

The provisions of this § 1011.4 temporarily amended under 53 Pa.C.S. § 57B 02.

This section cited in 52 Pa. Code § 1011.3 (relating to annual rights renewal process).