§ 425.5. Applications.

 (a)  Applications and forms will be sent by the Department to contractors on or before April 1 and shall be filed with the Department by May 1 prior to the Commonwealth fiscal year for which reimbursement is requested, in order to insure continued eligibility for reimbursement beyond June 30. Failure of contractors to file complete and accurate application forms with the Department on or before May 1 may result in not receiving Departmental approval prior to July 1. If Departmental approval is granted after July 1, the contractor shall be ineligible for reimbursement from July 1 to the date of Department written approval of the application. No applications will be accepted after September 1 of the Commonwealth fiscal year for which reimbursement is requested, except for applications to provide service, in areas without program services. Unless there is a request for clarification or additional information by the Department under subsection (b), which shall be made within 30 days of receipt of the applications, the Department will either approve or disapprove applications within 30 days of their receipt by the Department.

 (b)  A contractor shall respond in writing, within 30 days of the receipt of the Department’s letter, to requests for clarification or additional information, or both. Within 30 days of the receipt of the information, the Department will either approve or disapprove the application or request additional clarification and information. Failure of an applicant to respond in writing within 30 days of a request will render the contractor and an affected eligible applicant ineligible for funding for services rendered prior to the date of Department approval of the application.

 (c)  A transportation company applying directly to the Department or to a designated coordinator shall have an officially filed shared-ride call or demand or paratransit tariff approved by the Pennsylvania Public Utility Commission on file with the Department and the coordinator, or shall provide shared-ride services under a contract rate, as permitted by the Pennsylvania Public Utility Commission, and approved by the Department under §  425.7 (relating to fares). An application by a transportation company shall include the Pennsylvania Public Utility Commission approved shared-ride call or demand or paratransit tariff or contract rates under which shared-ride services will be provided.

 (d)  In the case of first time applicants, no reimbursement will be provided under the program for services offered prior to the date of contract execution.

Authority

   The provisions of this §  425.5 amended under section 205(5)(v) of the Pennsylvania Urban Mass Transportation Law (55 P. S. §  600.205(5)(v)).

Source

   The provisions of this §  425.5 adopted January 3, 1986, effective February 3, 1986, 16 Pa.B. 24; corrected January 17, 1986, 16 Pa.B. 194; amended November 7, 1986, effective November 8, 1986, 16 Pa.B. 4414; readopted December 28, 1990, effective December 29, 1990, 20 Pa.B. 6391. Immediately preceding text appears at serial pages (122906) to (122907).

Notes of Decisions

   Department of Transportation did not violate notice provisions of the Commonwealth Documents Law (45 P. S. § §  1201—1202) where final regulations did not enlarge purpose of proposed regulations; further, regulations were promulgated according to provisions of Regulatory Review Act (71 P. S. § §  745.1—745.4), and did not exceed authority of PennDOT. Brocal Corporation v. Department of Transportation, 528 A.2d 114 (Pa. 1987).



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