Pa Bulletin · 2020. 1. 31. · Title: Pa Bulletin Created Date: 1/30/2020 6:53:14 AM

Volume 50 Number 5Saturday, February 1, 2020 • Harrisburg, PA

Pages 633—780

Agencies in this issueThe General AssemblyThe CourtsDelaware River Basin CommissionDepartment of AgricultureDepartment of Banking and SecuritiesDepartment of Community and Economic

DevelopmentDepartment of Environmental ProtectionDepartment of HealthDepartment of Human ServicesDepartment of Labor and IndustryDepartment of RevenueEnvironmental Quality BoardIndependent Regulatory Review CommissionInsurance DepartmentPennsylvania Public Utility CommissionPhiladelphia Parking AuthorityPhiladelphia Regional Port AuthorityState Board of Examiners of Nursing Home

AdministratorsState Board of NursingThaddeus Stevens College of Technology

Detailed list of contents appears inside.

Latest Pennsylvania Code Reporter(Master Transmittal Sheet):

No. 543, February 2020

PENNSYLVANIA

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CONTENTSTHE GENERAL ASSEMBLY

COMMISSION ON SENTENCINGMeetings scheduled . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 640

THE COURTSAPPELLATE PROCEDUREAmendments to Chapter 37 of the Pennsylvania

Rules of Appellate Procedure, business of theCommonwealth Court; No. 126 misc. doc. No. 3 . . . . 651

Amendments to the internal operating procedures ofthe Commonwealth Court of Pennsylvania; No.126 misc. doc. No. 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 657

DISCIPLINARY BOARD OF THE SUPREME COURTNotice of suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667

JUDICIAL SYSTEM GENERAL PROVISIONSAmendments to Rules of Organization and Proce-

dure of the Disciplinary Board of theSupreme Court of Pennsylvania; order No. 93 . . . . . 647

Amendments to Rules of Organization and Proce-dure of the Disciplinary Board of theSupreme Court of Pennsylvania; order No. 94 . . . . . 648

Amendments to Rules of Organization and Proce-dure of the Disciplinary Board of theSupreme Court of Pennsylvania; order No. 95 . . . . . 651

Order amending Rule 322 of the Pennsylvania BarAdmission Rules; No. 825 Supreme Court rulesdoc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 641

Proposed amendments to the Disciplinary Boardrules and the Rules of Disciplinary Enforcementto update the Disciplinary Board rule identifyingthe procedure applicable to formal proceedings; toincrease efficiency in formal disciplinary proceed-ings by prohibiting certain types of prehearingand hearing motions; to clarify the meaning andapplication of the Board rule designating themanner of service of documents originating withthe Board; and to amend certain provisions of theenabling rules to conform to the rules that allow asingle Board member to act for the Board on aninterlocutory appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642

LOCAL COURT RULESBucks CountyRegional central booking program; administrative

order No. 56; AD-1-20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 667

EXECUTIVE AND INDEPENDENTAGENCIES

DELAWARE RIVER BASIN COMMISSIONNoticesPublic hearing and business meeting. . . . . . . . . . . . . . . . 673DEPARTMENT OF AGRICULTURENoticesGeneral quarantine order; scrapie. . . . . . . . . . . . . . . . . . . 675Interstate/international quarantine order; scrapie . . . . 678

DEPARTMENT OF BANKING AND SECURITIESNoticesActions on applications. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681

DEPARTMENT OF COMMUNITY AND ECONOMICDEVELOPMENT

NoticesManufactured Home Community Rights Act; maxi-

mum relocation fees payable in the event ofcommunity closure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 681

DEPARTMENT OF ENVIRONMENTAL PROTECTIONNoticesApplications, actions and special notices. . . . . . . . . . . . . 682Availability of the non-regulatory agenda . . . . . . . . . . . . 738Marine and Rail Freight Movers Grant Program;

availability of grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 739Pennsylvania State Clean Diesel Grant Program;

availability of grants . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 739Pennsylvania’s FAST Act Corridor Infrastructure

Grant Program; availability of grants . . . . . . . . . . . . . 740

DEPARTMENT OF HEALTHNoticesLong-term care nursing facilities; requests for

exception . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 740

DEPARTMENT OF HUMAN SERVICESNoticesMedical Assistance Program fee schedule for inten-

sive behavioral health services: addition ofprocedure codes; prior authorization requirements . 741

DEPARTMENT OF LABOR AND INDUSTRYNoticesUnemployment compensation; table specified for

determination of rate and amount of benefits . . . . . . 744

DEPARTMENT OF REVENUENoticesPennsylvania Rainbow Riches fast play game 5078. . . 749Pennsylvania Shamrock Shuffle fast play game 5079. 754

ENVIRONMENTAL QUALITY BOARDNoticesMeeting cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 760

INDEPENDENT REGULATORY REVIEWCOMMISSION

NoticesNotice of filing of final rulemakings . . . . . . . . . . . . . . . . . 760

INSURANCE DEPARTMENTNoticesApplication for designation as a certified reinsurer . . . 760Surplus lines agents and interested parties; export

list of insurance coverages. . . . . . . . . . . . . . . . . . . . . . . . 761

635

Available Online at http://www.pabulletin.com

PENNSYLVANIA BULLETIN, VOL. 50, NO. 5, FEBRUARY 1, 2020

PENNSYLVANIA PUBLIC UTILITY COMMISSIONNoticesElectric generation supplier license cancellations of

companies with an expired financial security,insufficient financial security amount or language . 761

Petition of Velocity.Net Communications, Inc. fordesignation as an eligible telecommunications car-rier . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 762

Service of notice of motor carrier applications. . . . . . . . 775Service of notice of motor carrier formal complaints . . 776

PHILADELPHIA PARKING AUTHORITYNoticesService of notice of motor carrier applications in the

City of Philadelphia. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 779

PHILADELPHIA REGIONAL PORT AUTHORITYNoticesCondensed statement of revenues, expenses and

changes in net position. . . . . . . . . . . . . . . . . . . . . . . . . . . 780STATE BOARD OF EXAMINERS OF NURSING

HOME ADMINISTRATORSProposed RulemakingContinuing education . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668STATE BOARD OF NURSINGNoticesBureau of Professional and Occupational Affairs v.

Eric Jon Freed, LPN; case No. 17-51-06597. . . . . . . . 780THADDEUS STEVENS COLLEGE OF

TECHNOLOGYNoticesRequest for bids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 780

636


READER’S GUIDE TO THEPENNSYLVANIA BULLETIN

AND THE PENNSYLVANIA CODEPennsylvania Bulletin

The Pennsylvania Bulletin is the official gazette ofthe Commonwealth of Pennsylvania. It is publishedweekly. A cumulative subject matter index is pub-lished quarterly.

The Pennsylvania Bulletin serves several pur-poses. It is the temporary supplement to the Penn-sylvania Code, which is the official codification ofagency rules and regulations, Statewide court rules,and other statutorily authorized documents.Changes in the codified text, whether by adoption,amendment, rescission, repeal or emergency action,must be published in the Pennsylvania Bulletin.

The following documents are published in thePennsylvania Bulletin: Governor’s Executive Orders;Summaries of Enacted Statutes; Statewide andLocal Court Rules; Attorney General Opinions; Mo-tor Carrier Applications before the PennsylvaniaPublic Utility Commission; Applications and Actionsbefore the Department of Environmental Protection;Orders of the Independent Regulatory Review Com-mission; and other documents authorized by law.

The text of certain documents published in thePennsylvania Bulletin is the only valid and enforce-able text. Courts are required to take judicial noticeof the Pennsylvania Bulletin.

Adoption, Amendment or Repeal ofRegulations

Generally an agency wishing to adopt, amend orrescind regulations must first publish in the Penn-sylvania Bulletin a Proposed Rulemaking. There arelimited instances when the agency may omit theproposal step; it still must publish the adoptedversion.

The Proposed Rulemaking contains the full text ofthe change, the agency contact person, a fiscal noterequired by law and background for the action.

The agency then allows sufficient time for publiccomment before taking final action. A Final Rule-making must be published in the PennsylvaniaBulletin before the changes can take effect. If theagency wishes to adopt changes to the ProposedRulemaking to enlarge the scope, it must repropose.

Citation to the Pennsylvania Bulletin

Cite material in the Pennsylvania Bulletin byvolume number, a page number and date. Example:Volume 1, Pennsylvania Bulletin, page 801, January9, 1971 (short form: 1 Pa.B. 801 (January 9, 1971)).

Pennsylvania Code

The Pennsylvania Code is the official codificationof rules and regulations issued by Commonwealthagencies, Statewide court rules and other statuto-rily authorized documents. The Pennsylvania Bulle-tin is the temporary supplement to the Pennsylva-nia Code, printing changes when they are adopted.These changes are then permanently codified by thePennsylvania Code Reporter, a monthly, loose-leafsupplement.

The Pennsylvania Code is cited by title numberand section number. Example: Title 10 Pennsylva-nia Code § 1.1 (short form: 10 Pa. Code § 1.1).

Under the Pennsylvania Code codification system,each regulation is assigned a unique number bytitle and section. Titles roughly parallel the organi-zation of Commonwealth government.

How to Find Rules and Regulations

Search for your area of interest in the Pennsylva-nia Code. The Pennsylvania Code is available atwww.pacode.com.

Source Notes give the history of regulations. Tosee if there have been recent changes not yetcodified, check the List of Pennsylvania Code Chap-ters Affected in the most recent issue of the Penn-sylvania Bulletin.

A chronological table of the history of Pennsylva-nia Code sections may be found at www.legis.state.pa.us/cfdocs/legis/CH/Public/pcde_index.cfm.

A quarterly List of Pennsylvania Code SectionsAffected lists the regulations in numerical order,followed by the citation to the Pennsylvania Bulle-tin in which the change occurred.

The Pennsylvania Bulletin is available at www.pabulletin.com.

Subscription Information: (717) 766-0211General Information and Finding Aids: (717) 783-1530

637


Printing FormatRules, Regulations and Statements of Policy in Titles 1—107 of the Pennsylvania Code

Text proposed to be added is printed in underscored bold face. Text proposed to be deleted is enclosed in brackets[ ] and printed in bold face.

Proposed new chapters and sections are printed in regular type to enhance readability. Final rulemakings andstatements of policy are printed in regular type.

Ellipses, a series of five asterisks, indicate text that is not amended.In Proposed Rulemakings and proposed Statements of Policy, existing text corresponds to the official codified text in

the Pennsylvania Code.Court Rules in Titles 201—246 of the Pennsylvania Code

Added text in proposed and adopted court rules is printed in underscored bold face. Deleted text in proposed andadopted court rules is enclosed in brackets [ ] and printed in bold face.

Proposed new chapters and rules are printed in regular type to enhance readability.Ellipses, a series of five asterisks, indicate text that is not amended.

Fiscal NotesSection 612 of The Administrative Code of 1929 (71 P. S. § 232) requires the Governor’s Budget Office to prepare a

fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissionsand authorities receiving money from the State Treasury. The fiscal note states whether the action or procedure causesa loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions. The fiscalnote is required to be published in the Pennsylvania Bulletin at the same time as the change is advertised.

A fiscal note provides the following information: (1) the designation of the fund out of which the appropriationproviding for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year theprogram is implemented; (3) projected cost estimate of the program for each of the 5 succeeding fiscal years; (4) fiscalhistory of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of itsimplementation; (6) projected loss of revenue from the program for each of the 5 succeeding fiscal years; (7) line item, ifany, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealthfunds shall occur as a result of the action or procedures; and (8) recommendation, if any, of the Secretary of the Budgetand the reasons therefor.

The omission of an item indicates that the agency text of the fiscal note states that there is no information availablewith respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years, following theyear the program is implemented, which is stated. In item (4) information is set forth for the current and twoimmediately preceding years. In item (8) the recommendation, if any, made by the Secretary of the Budget is publishedwith the fiscal note. ‘‘No fiscal impact’’ means no additional cost or revenue loss to the Commonwealth or its localpolitical subdivision is intended. See 4 Pa. Code Chapter 7, Subchapter R (relating to fiscal notes).

Reproduction, Dissemination or Publication of InformationThird parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce,

disseminate or publish information except as provided by 1 Pa. Code § 3.44:

§ 3.44. General permission to reproduce content of Code and Bulletin.Information published under this part, which information includes, but is not limited to, cross references,

tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical listsand codification guides, other than the actual text of rules or regulations may be reproduced only with thewritten consent of the [Legislative Reference] Bureau. The information which appears on the same leaf withthe text of a rule or regulation, however, may be incidentally reproduced in connection with the reproductionof the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. Thereare no other restrictions on the reproduction of information published under this part, and the Common-wealth hereby consents to a reproduction.

638


List of Pa. Code Chapters AffectedThe following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents

published in the Pennsylvania Bulletin during 2020.

4 Pa. Code (Administration)Statements of Policy9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .328, 546

49 Pa. Code (Professional and Vocational Standards)Proposed Rules39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 668

52 Pa. Code (Public Utilities)Adopted Rules77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 469

67 Pa. Code (Transportation)Adopted Rules601 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 545

204 Pa. Code (Judicial System General Provisions)Adopted Rules71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19785 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64791 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64793 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 647, 648, 651Proposed Rules83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64285 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64289 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64291 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64293 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 642

207 Pa. Code (Judicial Conduct)Adopted Rules33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7, 197

210 Pa. Code (Appellate Procedure)Adopted Rules1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505, 5353 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5055 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5057 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5059 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505, 53511 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53513 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505, 53515 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50516 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50517 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505, 53519 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50523 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53527 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50533 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .505, 53537 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65169 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 657Proposed Rules3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30319 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 304

231 Pa. Code (Rules of Civil Procedure)Adopted Rules200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .198, 306400 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1991000 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199Part II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 306

252 Pa. Code (Allegheny County Rules)Unclassified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 307

255 Pa. Code (Local Court Rules)Unclassified . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199, 200, 667

639


THE GENERAL ASSEMBLYCOMMISSION ON SENTENCING

Meetings Scheduled

The Commission on Sentencing (Commission) announces the following meetings to be held at the Pennsylvania JudicialCenter, 601 Commonwealth Avenue, Harrisburg, PA, the Crowne Plaza Hotel, 23 South Second Street, Harrisburg, PAand at the Capitol Complex, 60 East Wing, Harrisburg, PA:

Wednesday, March 4, 2020 2 p.m. Public HearingPennsylvania Judicial Center601 Commonwealth AvenueHarrisburg, PA

6:30 p.m. Dinner MeetingCrowne Plaza Hotel23 South Second StreetHarrisburg, PA

Thursday, March 5, 2020 9 a.m. Policy Committee Meeting60 East WingCapitol ComplexHarrisburg, PA

11 a.m. Quarterly Commission Meeting60 East WingCapitol ComplexHarrisburg, PA

MARK H. BERGSTROM,Executive Director

[Pa.B. Doc. No. 20-140. Filed for public inspection January 31, 2020, 9:00 a.m.]

640


THE COURTSTitle 204—JUDICIAL SYSTEM

GENERAL PROVISIONSPART IV. ADMISSION TO PRACTICE LAW

[ 204 PA. CODE CH. 71 ]Order Amending Rule 322 of the Pennsylvania Bar

Admission Rules; No. 825 Supreme Court RulesDoc.

Order

Per Curiam

And Now, this 15th day of January, 2020, upon therecommendation of the Board of Law Examiners, theproposal having been published for public comment in thePennsylvania Bulletin at 49 Pa.B. 5700 (October 5, 2019):

It Is Ordered pursuant to Article V, Section 10 of theConstitution of Pennsylvania that Rule 322 of the BarAdmission Rules is amended in the following form.

This Order shall be processed in accordance withPa.R.J.A. No. 103(b), and the amendments shall beeffective in thirty (30) days.

Annex A

TITLE 204. JUDICIAL SYSTEM GENERALPROVISIONS

PART IV. ADMISSION TO PRACTICE LAW

CHAPTER 71. PENNSYLVANIA BAR ADMISSIONRULES

Subchapter C. RESTRICTED PRACTICE OF LAW

CERTIFIED LEGAL INTERNS

Rule 322. Authorized activities of certified legalinterns.

(a) General rule. Subject to the restrictions of thissubdivision, a certified legal intern may with the approvalof a supervising attorney:

(1) Appear before any court or other government unit[ (other than the Supreme, Superior or Common-wealth Courts) ] in any civil or criminal matter onbehalf of any indigent, if the person on whose behalf thelegal intern is appearing consents to such appearance.[ The supervising attorney must be personally pres-ent throughout the proceedings where the legalintern is appearing on behalf of the defendant in acriminal matter where the defendant has the rightto counsel under any provision of law. ]

(2) Appear in any civil or criminal matter on behalf ofthe Commonwealth, if the Attorney General (or theprosecuting attorney in the case of a criminal matter) orhis or her authorized representative consents to suchappearance.

The approval of the supervising attorney and theconsent of the party represented required by this subdivi-sion shall be in writing and filed of record in the matterand shall be brought to the attention of the judge ormagisterial district judge or the presiding officer of theother government unit. Appearances pursuant to thisrule include provision of oral argument.

(b) Preparation of papers. A certified legal intern mayengage in other activities, [ under the general supervi-sion of a member of the bar of this Commonwealth,but outside the personal presence of the attorney, ]including the following:

(1) Preparation of pleadings and other documents to befiled in any matter in which the legal intern is eligible toappear and in any appeals therefrom in the Supreme,Superior or Commonwealth Courts.

(2) Except when the assignment of counsel is requiredunder any provision of law, provision of assistance toindigent inmates of correctional institutions or otherpersons who request such assistance in preparing applica-tions for and supporting documents for post-convictionrelief. If there is an attorney of record in the matter, allsuch assistance shall be supervised by the attorney ofrecord.

Each pleading or other document shall contain thename of the legal intern who has participated in draftingit. If the legal intern participated in drafting only aportion of it, that fact may be stated. All pleadings orother documents shall be signed by the supervisingattorney.

(c) Supervising attorney. The attorney under whosesupervision a certified legal intern performs any of theservices permitted by this rule shall[ : ]

(1) Be approved in writing as a supervising attorneyfor the purposes of this rule by the dean of the law schoolin which the legal intern is or was enrolled.

(2) Assume personal professional responsibility for theguidance of the legal intern in any work undertaken andfor supervising the quality of the work of the legal intern.

(3) Assist the legal intern in his or her preparation tothe extent the supervising attorney considers necessary.

(4) Assure that the certified legal intern is fullyprepared and appropriately supervised.

(5) Be present during any appearance the certi-fied legal intern makes before any tribunal.

Official Note: Based on former Supreme Court Rule11 A, D and E and makes no change in substance.


641


Title 204—JUDICIAL SYSTEMGENERAL PROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT[ 204 PA. CODE CHS. 83, 85, 89, 91 AND 93 ]

Proposed Amendments to the Disciplinary BoardRules and the Rules of Disciplinary Enforcementto Update the Disciplinary Board Rule Identify-ing the Procedure Applicable to Formal Proceed-ings; to Increase Efficiency In Formal Disciplin-ary Proceedings by Prohibiting Certain Types ofPrehearing and Hearing Motions; to Clarify theMeaning and Application of the Board RuleDesignating the Manner of Service of Docu-ments Originating With the Board; and to AmendCertain Provisions of the Enabling Rules toConform to the Rules That Allow a Single BoardMember to Act for the Board on an InterlocutoryAppeal

Notice is hereby given that The Disciplinary Board ofthe Supreme Court of Pennsylvania (Board) is consideringamending Disciplinary Board Rules (‘‘D.Bd. Rules’’)§§ 85.11, 89.2, 89.21, 89.55, 89.93, 91.3, 93.22 and 93.23as set forth in Annex A, and planning to recommend tothe Supreme Court of Pennsylvania that the Court amendRules 205, 208 and 213 of the Pennsylvania Rules ofDisciplinary Enforcement (‘‘Enforcement Rules’’ or‘‘Pa.R.D.E.’’), as set forth in Annex B.

The reference to ‘‘action in equity’’ in D.Bd. Rules § 89.2 isobsolete.

D.Bd. Rules § 89.2, titled ‘‘Equity procedure to apply,’’currently provides that except where inconsistent withthe Disciplinary Board Rules, ‘‘formal proceedings beforehearing committees, special masters and the Board shallconform generally to the practice in action in equityunder the Pennsylvania Rules of Civil Procedure.’’ The‘‘practice in action in equity’’ language provides no guid-ance in discerning the procedure to be followed inmodern-day practice before the Board because ‘‘[t]heaction in equity has been abolished. Equitable relief maybe obtained through a civil action, Rule [Pa.R.C.P.] 1001et seq.’’ See Note after Pa.R.C.P. 1501 (Rescinded). TheSupreme Court merged actions in equity with civil actionsby Order dated December 16, 2003, effective July 1, 2004.In re: Consolidation of the Action in Equity with the CivilAction, No. 402 Civil Procedural Rules Docket No. 5, 34Pa.B. 9 (January 3, 2004). Attempting to extrapolate‘‘equity practice’’ or even ‘‘equitable procedures’’ from theRules of Civil Procedure for application to attorneydisciplinary proceedings is an impossible task. In sum-mary, the term ‘‘action in equity’’ is obsolete, no longerprovides tangible guidance on procedure, and thereforeshould be deleted from D.Bd. Rules § 89.2.

Substituting ‘‘civil action’’ for ‘‘action in equity’’ would becounterproductive.

As explained above, in 2003 the Court abolished theseparate action in equity and merged it into the civilaction such that equitable causes of action now requireanalysis of the Rules of Civil Procedure governing thecivil action—i.e., Pa.R.C.P. 1001 et seq. With respect toD.Bd. Rules § 89.2, replacing the ‘‘action in equity’’procedure with the ‘‘civil action’’ procedure as set forth inthe Rules of Civil Procedure would be counterproductive

because the civil action rules contain a number of de-tailed procedural requirements that are not inconsistentwith the Board Rules but foreign to established Boardpractice, such as attaching a writing to a pleading when aclaim or defense is based thereon. See Pa.R.C.P. 1019(h).Adding such procedural requirements to the Board Ruleswould likely give rise to motions and litigation over aparty’s nonconformity with the civil action rules, contraryto the purpose of these proposed amendments, which is tostreamline the procedure in formal proceedings ratherthan to burden it.

Proposed rewrite of D.Bd. Rules § 89.2 via new Enforce-ment Rule 208(c).

To remedy the obsolete and uncertain language ofcurrent D.Bd. Rules § 89.2, the Board plans to recom-mend to the Court that Enforcement Rule 208(c), which istitled ‘‘Hearing procedures,’’ be retitled ‘‘Prehearing andhearing procedures’’; provide that the rule govern theprocedure in ‘‘formal’’ proceedings before ‘‘the Board’’ inaddition to proceedings before hearing committees andspecial masters; and further provide that the procedure inproceedings before all three tribunals be governed by theBoard Rules, the Enforcement Rules, and the decisionallaw of the Court and the Board in attorney discipline andreinstatement matters. If the Court adopts the Board’srecommendation, the Board would replace current D.Bd.Rules § 89.2 with proposed subdivision (a) of D.Bd. Rules§ 89.2, which would reaffirm the applicable sources ofprocedural law established by new Enforcement Rule208(c).

Including the Enforcement Rules within new Pa.R.D.E.208(c) is appropriate because procedure applicable toformal proceedings can be found throughout the Enforce-ment Rules. E.g., Pa.R.D.E. 214(f)(1) (hearing on a peti-tion for discipline based on a criminal conviction ‘‘shall bedeferred until sentencing and all direct appeals from theconviction have been concluded’’); id. 213(g)(1) (party mayfile a motion to enforce subpoena if witness does notcomply with a subpoena); id. 218(e) (‘‘In all proceedingsupon a petition for reinstatement, cross-examination ofthe petitioner-attorney’s witnesses and the submission ofevidence, if any, in opposition to the petition shall beconducted by Disciplinary Counsel.’’). The Board is confi-dent that the procedural framework established by thecurrent Board Rules and Enforcement Rules is sufficientto bring a discipline or reinstatement proceeding to aprompt and fair resolution in a procedurally uniformmanner. E.g., D.Bd. Rules § 89.92 (relating to order ofprocedure in a discipline matter and requiring Office ofDisciplinary Counsel (ODC) to initiate the presentation ofevidence while allowing ODC to present rebuttal evi-dence). Inclusion of the decisional law of the Court andthe Board as a third source of disciplinary and reinstate-ment procedure serves as a supplement of and comple-ment to the rules. See, e.g., Office of Disciplinary Counselv. Duffield, 644 A.2d 1186, 1188 (Pa. 1994) (the Boardreviews a hearing committee’s actions on a de novo basis);Office of Disciplinary Counsel v. Zdrok, 645 A.2d 830, 833(Pa. 1994) (holding that ODC is not required to charge aviolation of Enforcement Rule 214(d) in a petition fordiscipline based on a criminal conviction because Rule214(d) is a procedural rule rather than a substantive ruleof law; ODC’s reference to Rule 214(d) and Rule 203 inthe ‘‘Charge’’ section of the petition ‘‘clearly gives propernotice’’ of the charge); Office of Disciplinary Counsel v.Frederick Seth Lowenberg, No. 9 DB 2017, D.Bd. Rpt.11/1/17, FOF 11 at pp. 4-5, p. 7 (a respondent-attorneywho receives notice that he or she is to receive aninformal admonition, does not exercise his or her right to

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demand the institution of a formal proceeding, and doesnot appear for the imposition of the informal admonition,is conclusively deemed to have violated the Rules ofProfessional Conduct and the Enforcement Rules found tohave been violated during the informal review) (S.Ct.Order 12/26/17).

The proposed Note after subdivision (a) of D.Bd. Rules§ 89.2 provides that the Pennsylvania Rules of CivilProcedure relating to pleading and motion practice arenot applicable to formal proceedings. This Note is de-signed to dispel any misunderstanding, possibly encour-aged by current subdivision (a)’s reference to the Pennsyl-vania Rules of Civil Procedure, that the PennsylvaniaRules of Civil Procedure are applicable to pleading andmotion practice within the disciplinary system. Paren-thetically, Enforcement Rule 213(h) and D.Bd. Rules§ 91.6 provide that any rule of the Court providing fordiscovery—which would include Rules of Civil Procedureproviding for depositions, discovery, interrogatories, pro-duction of documents and things, and inspection(Pa.R.C.P. 4001—4025)—shall not be applicable to disci-plinary proceedings.

Limiting the types of motions permitted by the Rules ofCivil Procedure.

Uncertainty about the meaning of ‘‘equity procedure’’promotes confusion about the permissible types of mo-tions. Prehearing and hearing motions permitted by theRules of Civil Procedure, such as motions for summaryjudgment and motions for directed verdict, are not specifi-cally authorized or contemplated by Board rules and areforeign to established disciplinary practice. With a viewtoward streamlining the pre-hearing and hearing processby eliminating procedures that could be cumbersome ordiversionary and impede the prompt disposition of a case,new proposed subdivision (b) of § 89.2 identifies severaltypes of prehearing motions, and new proposed subdivi-sion (c) of § 89.2 identifies several types of hearingmotions, that are not to be accepted for filing, but ifaccepted for filing by the Board Prothonotary—who is notexpected to screen every motion submitted for filing—arenot to be entertained. The language of subdivision (b)that precludes ‘‘any motion attacking the validity of theproceedings or pre-petition [for discipline] procedures, orany similarly-styled motion,’’ is consistent with D.Bd.Rules § 89.1(b), which provides that the filing of apetition for discipline shall be conclusive evidence that allconditions precedent thereto have been satisfied and thefailure to comply with any pre-petition requirement shallnot affect the validity of formal proceedings. Proposedsubdivision (b) does not preclude a party from filing apre-hearing motion in limine for a ruling on the admissi-bility of evidence.

D.Bd. Rules § 89.93(a) provides, in pertinent part, thatat the time of hearing, a party shall have a ‘‘right ofpresentation of evidence, cross-examination, objection,motion and argument.’’ (Emphasis added.) A proposedNote after D.Bd. Rules § 89.93(a) cross-references pro-posed D.Bd. Rules § 89.2(c) to alert the participants ofthe existence of limitations on the types of hearingmotions that may be filed. It is important to recognizethat the proposed limitations on hearing motions do notpreclude a party from making appropriate oral or writtenmotions at the time of hearing, such as a motion forsequestration of witnesses or a motion to strike a wit-ness’s answer to a question when the party’s hearingobjection is sustained. Nor is a respondent precluded fromarguing, either during oral argument at the close of thetaking of testimony or in a post-hearing brief to the

hearing committee or special master, that the hearingcommittee or special master recommend to the Board thatthe charges be dismissed based on insufficient evidence tosustain the charges.Limitation on pleadings.

D.Bd. Rules § 89.55, titled ‘‘No other pleadings,’’ limitspleadings in formal proceedings to a petition for disciplineor for reinstatement and an answer thereto. A proposedNote to the Rule is designed to curtail the filing ofpreliminary objections to the petition for discipline and torelieve a party of filing a responsive pleading to ananswer containing new matter.The Board’s ‘‘service’’ rule should be amended to clarify the

meaning and application of the rule.D.Bd. Rules § 89.21, which addresses ‘‘service’’ by the

Board of orders, notices and other documents ‘‘originatingwith’’ the Board, provides that service is to be made bymail except when another method of service is specificallyrequired by Board rules, and when service is attemptedbut not accomplished by mail, the Board may authorizeanother person to make personal service.

The Board proposes that D.Bd. Rules § 89.21 beamended for two purposes: first, to clarify the meaningand application of the Rule; and second, to change themethod of service of filings in the form of original processissued by the Board. The language of the current Rule,which is captioned ‘‘Service by the Board,’’ appears tohave been intended to apply to ‘‘service’’ by the Board oforiginal process in the form of a petition or ordergenerated by the Board on its own motion, such as apetition authorized by Pa.R.D.E. 301(d) (relating to dis-ability proceedings) or a rule to show cause authorized byPa.R.D.E. 208(f)(5) (relating to temporary suspensionproceedings), and not the notice of orders and otherdocuments that the Board, as an adjudicatory body, wouldbe required to give to the participants in the normalcourse of a formal proceeding not initiated by the Boardon its own motion. Hence, the Board proposes that D.Bd.Rules § 89.21 be amended to provide, in new subsection(a), that the Board may give ‘‘notice’’ of orders, noticesand other documents generated by the Board to theparticipants by mail. In contrast, the Board would berequired, under new subsection (b), to attempt personalservice of original process documents generated by theBoard, although if personal service could not be madeafter reasonable efforts, service could be made by deliver-ing a copy of the original process to an employee, agent orother responsible person at the respondent-attorney’soffice, and if that method of service is unavailable,substituted service could be made by mail as permitted byPa.R.D.E. 212. The proposed service amendments arepatterned after the service requirements approved by theCourt in Pa.R.D.E. 208(f)(1) (relating to temporary sus-pension proceedings).Amending D.Bd. Rules § 89.21 will require a minor

revision to two other rules.Section 89.21 appears elsewhere in the rules—namely,

the first sentence of Enforcement Rule 213(d)(3) (relatingto appeal of challenges to a subpoena) and the firstsentence of that Rule’s analog, D.Bd. Rules § 91.3(a)(3).Both references to § 89.21 will have to be changed to§ 89.21(a) in light of the proposal to divide the Board’sservice rule into subparagraphs (a) and (b).The two Board rules that permit an interlocutory appeal

require revision.Two Board rules authorize an interlocutory appeal to

the Board from a hearing committee or special master

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determination: D.Bd. Rules § 91.3(a)(3), which pertains toa challenge to a subpoena; and D.Bd. Rules § 85.11,which pertains to a motion to disqualify a hearingcommittee member or special master. Both rules requirerevision, as follows.

D.Bd. Rules § 91.3(a)(3)—as does its counterpart, En-forcement Rule 213(d)(3)—currently mentions an appealonly from a ‘‘hearing committee’’ but already has in placea well-defined procedure for pursuit of the appeal. There-fore, the only required revision to these two rules is toinclude ‘‘special master’’ as a person who may havepresided over the initial attack on the subpoena.

In contrast, the language of D.Bd. Rules § 85.11(b)already includes an appeal from a special master but islacking in procedure. This deficiency is remedied by newsubparagraph (b)(4) of § 85.11, which includes a state-ment of the method of service to be employed by theappealing party and the time in which the non-appealingparty may file a response. The proposed proceduraladditions are patterned after the procedure for appeal inD.Bd. Rules § 91.3(a)(3) and Enforcement Rule 213(d)(3).The new rule would also allow the Board Vice-Chair todecide the appeal when the Board Chair is unavailable,which would include the situation where the Board Chairis required to recuse him- or herself.The enabling rules should be amended to allow a single

Board member or a three-member panel to act for theBoard on an appeal.Both types of appeal under discussion are decided by a

single Board member. An appeal from a challenge to asubpoena is decided by a designated lawyer-Member ofthe Board, while an appeal from a motion to disqualify isdecided by the Board Chair.

The current enabling provisions of the EnforcementRules do not clearly allow a single Board member to ruleon an appeal if the appeal involves an issue of substantivelaw. Enforcement Rule 205(c)(12) gives the Board thepower and duty ‘‘[t]o adopt rules of procedure not incon-sistent with the [Enforcement R]ules. Such rules mayprovide for the delegation to the Board Chair or theVice-Chair of the power to act for the Board on adminis-trative and procedural matters.’’ (Emphasis added). Inview of the possibility that any given appeal under eitherof the above-mentioned Board rules could require theinterpretation or application of substantive law, the Boardrecommends that Enforcement Rule 205(b) and D.Bd.Rules § 93.22(a) be revised, and new Enforcement Rule205(c)(16) and D.Bd. Rules § 93.23(a)(16) be added, togive the Board Chair, the Vice-Chair, a designated lawyer-Member of the Board, or a three-member panel of theBoard the power to act for the Board on an appeal. Therevisions are not intended to create new grounds forinterlocutory appeal, as the proposed revisions to Enforce-ment Rule 205 delegate power to the Board member orpanel to act only ‘‘when such appeal is permitted by the[Enforcement R]ules, the Board Rules, or other law.’’

Interested persons are invited to submit written com-ments by mail or facsimile regarding the proposedamendments to the Executive Office, The DisciplinaryBoard of the Supreme Court of Pennsylvania, 601 Com-monwealth Avenue, Suite 5600, PO Box 62625, Harris-burg, PA 17106-2625, Facsimile number (717-231-3381),Email address [email protected] on or be-fore March 9, 2020.

By the Disciplinary Board of theSupreme Court of Pennsylvania

JESSE G. HEREDA,Executive Director

Annex ATITLE 204. JUDICIAL SYSTEM GENERAL

PROVISIONSPART V. PROFESSIONAL ETHICS AND CONDUCT

Subpart C. DISCIPLINARY BOARD OF THESUPREME COURT OF PENNSYLVANIACHAPTER 85. GENERAL PROVISIONS

§ 85.11. Recusal.* * * * *

(b) Procedure for recusal. Enforcement Rule 220(b)provides that a motion to disqualify a member of theBoard or a hearing committee member or a specialmaster shall be made in accordance with these rules, butthe making of such a motion shall not stay the conduct ofthe proceedings or disqualify the challenged member orspecial master pending disposition of the motion. Theprocedures applicable to a motion for recusal shall be asfollows:

(1) The motion shall be filed and served in accordancewith Subchapter 89A (relating to preliminary provisions).

(2) In the case of a motion to disqualify a hearingcommittee member or special master, the motion must befiled within 15 days after the party filing the motion hasbeen given notice of the referral of the matter to thehearing committee or special master and must specifythe grounds upon which the motion is based.

(3) The motion shall be ruled upon by the challengedmember or special master.

(4) An interlocutory appeal from the decision on themotion[ , which appeal shall be ruled upon by theBoard Chair, ] may be filed with the Board within fivebusiness days after the decision on the motion. Theappealing party shall serve a copy of the appeal onthe non-appealing party by mail on the date thatthe appealing party files the appeal, and the non-appealing party may file a response within fivebusiness days after delivery. The appeal shall beruled upon by the Board Chair, or the Vice-Chairwhen the Chair is unavailable.

CHAPTER 89. FORMAL PROCEEDINGSSubchapter A. PRELIMINARY PROVISIONS

GENERAL MATTERS

§ 89.2. [ Equity procedure to apply ] Procedure informal proceedings to be governed by BoardRules, Enforcement Rules, and decisional law;limitations on motions.

[ Except where inconsistent with these rules, for-mal proceedings before hearing committees, specialmasters and the Board shall conform generally tothe practice in actions in equity under the Pennsyl-vania Rules of Civil Procedure. ]

(a) Enforcement Rule 208(c) provides that theprocedure in formal proceedings before hearingcommittees, special masters, and the Board shall begoverned by these Rules, the Enforcement Rules,and the decisional law of the Court and the Boardin attorney discipline and reinstatement matters.

Official Note: The Pennsylvania Rules of CivilProcedure relating to pleadings, answers to plead-ings, motions, and responses to motions, are notapplicable to formal proceedings before hearingcommittees, special masters, and the Board.

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(b) Limitations on prehearing motions. A motionfor summary judgment or judgment on the plead-ings, a motion to strike the petition for disciplineor portions thereof, a motion to dismiss based oninsufficient evidence to proceed with formalcharges, any motion attacking the validity of theproceedings or pre-petition procedures, or anysimilarly-styled motion, shall not be accepted forfiling, but if accepted for filing, shall not be enter-tained.

(c) Limitations on hearing motions. A motion fordirected verdict or nonsuit, a motion to dismissbased on insufficient evidence, any motion attack-ing the validity of the proceedings, or anysimilarly-styled motion, shall not be accepted forfiling, but if accepted for filing, shall not be enter-tained.

SERVICE OF DOCUMENTS

§ 89.21. Notice by the Board to participants; Serviceof original process by the Board.

[ Orders, notices and other documents originat-ing with the Board, including all forms of Boardaction, petitions and similar process, and otherdocuments designated by the Board for this pur-pose, shall be served by the Executive Office bymail, except when service by another method shallbe specifically required by these rules, by mailing acopy thereof to the person to be served, addressedto the person designated in the initial pleading orsubmittal at the address of record of such person.When service is not accomplished by mail, personalservice may be effected by any one duly authorizedby the Executive Office. ]

(a) Notice to participants. The Board shall givenotice of orders, notices, and other documents gen-erated by the Board by mailing a copy to theparticipants.

(b) Service of original process on the Board’s ownmotion. A copy of original process in the form of apetition filed, or order issued, by the Board on itsown motion shall be personally served upon therespondent-attorney by anyone duly authorized bythe Executive Office unless another method of ser-vice shall be specifically required by these Rules orthe Enforcement Rules, provided, however, that ifpersonal service cannot be made after reasonableefforts to locate and serve the respondent-attorney,service may be made by delivering a copy to anemployee, agent, or other responsible person at theoffice of the respondent-attorney, and if thatmethod of service is unavailable, then by mailing acopy in the manner provided in Enforcement Rule212 (relating to substituted service).

Subchapter B. INSTITUTION OF PROCEEDINGS

§ 89.55. No other pleadings.

Pleadings shall be limited to a petition for discipline (orfor reinstatement) and an answer thereto.

Official Note: Preliminary objections to the peti-tion for discipline are not permitted. If an answerto a petition for discipline contains new matter, areply to the new matter is not required.

Subchapter C. HEARING PROCEDURESHEARING

§ 89.93. Presentation by the parties.(a) General rule. The respondent-attorney and staff

counsel shall have the right of presentation of evidence,cross-examination, objection, motion and argument. Thetaking of evidence and subsequent proceedings shallproceed with all reasonable diligence and with the leastpracticable delay.

Official Note: See D.Bd. Rules § 89.2(c) for limita-tions on hearing motions.

* * * * *CHAPTER 91. MISCELLANEOUS MATTERS

Subchapter A. SERVICE, SUBPOENAS,DEPOSITIONS AND RELATED MATTERS

IN GENERAL§ 91.3. Determination of validity of subpoena.

(a) In general. Enforcement Rule 213(d) provides thatany attack on the validity of a subpoena issued underthese rules shall be handled as follows:

(1) A challenge to a subpoena authorized by§ 91.2(a)(1) (relating to subpoenas and investigations)shall be heard and determined by the hearing committeeor special master before whom the subpoena is returnablein accordance with the procedure established by theBoard in subsection (b).

(2) A challenge to a subpoena authorized by§ 91.2(a)(2) shall be heard and determined by a senior orexperienced member of a hearing committee in the disci-plinary district in which the subpoena is returnable inaccordance with the procedure established by the Boardin subsection (b).

(3) A determination under paragraph (1) or (2) may beappealed to a lawyer-Member of the Board within tendays after service pursuant to §§ [ 89.21 ] 89.21(a) and89.24 of the determination on the party bringing theappeal by filing a petition with the Board setting forth indetail the grounds for challenging the determination. Theappealing party shall serve a copy of the petition on thenon-appealing party by mail on the date that the appeal-ing party files the appeal, and the non-appealing partyshall have five business days after delivery to file aresponse. No attack on the validity of a subpoena will beconsidered by the Designated lawyer-Member of theBoard unless previously raised before the hearing com-mittee or special master. The Board Member shalldecide the appeal within five business days of the filing ofthe non-appealing party’s response, if any. There shall beno right of appeal to the Supreme Court. Any request forreview shall not serve to stay any hearing or proceedingbefore the hearing committee, special master, or theBoard unless the Court enters an order staying theproceedings.

* * * * *CHAPTER 93. ORGANIZATION AND

ADMINISTRATIONSubchapter B. THE DISCIPLINARY BOARD

§ 93.22. Quorum and manner of acting.(a) General rule. Enforcement Rule 205(b) provides

that seven members of the Board shall constitute aquorum and that, except when acting under § 93.23(a)(5),(7) [ and ], (8), and (16) (relating to powers and duties),the Board shall act only with the concurrence of not lessthan the lesser of:

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1. seven members, or2. a majority of the members in office who are not

disqualified from participating in the manner or proceed-ing.

(b) Determination of quorum. Enforcement Rule 205(b)further provides that the presence of members who aredisqualified from participating in one or more matters tobe considered at a meeting shall nonetheless be countedfor purposes of determining the existence of a quorum forthe consideration of all matters on the agenda.

§ 93.23. Powers and duties.(a) General rule. Enforcement Rule 205(c) provides that

the Board shall have the power and duty:

* * * * *(15) To recommend the temporary suspension of a

respondent-attorney pursuant to Enforcement Rule208(f)(5) (relating to emergency temporary suspensionorders and related relief).

(16) To decide, through the Board Chair, the Vice-Chair, a designated lawyer-member of the Board, ora designated panel of three members, an interlocu-tory appeal to the Board when such appeal ispermitted by the Enforcement Rules, these rules, orother law.

(17) To exercise the powers and perform the dutiesvested in and imposed upon the Board by law.

(b) Consultations with local bar associations. Enforce-ment Rule 205(d) provides that the Board shall, to theextent it deems feasible, consult with officers of local barassociations in the counties affected concerning any ap-pointment which it is authorized to make under theEnforcement Rules.

Annex B

TITLE 204. JUDICIAL SYSTEM GENERALPROVISIONS

PART V. PROFESSIONAL ETHICS AND CONDUCT

Subpart B. DISCIPLINARY ENFORCEMENT

CHAPTER 83. PENNSYLVANIA RULES OFDISCIPLINARY ENFORCEMENT

Subchapter B. MISCONDUCT

Rule 205. The Disciplinary Board of the SupremeCourt of Pennsylvania.

* * * * *(b) The regular terms of members of the Board shall be

for three years, and no member shall serve for more thantwo consecutive three-year terms. Except when actingunder paragraph (c)(5), (7), (8) [ and ], (9), and (16) ofthis rule, the Board shall act only with the concurrence ofnot less than the lesser of:

(i) seven members, or

(ii) a majority of the members in office who are notdisqualified from participating in the matter or proceed-ing.

Seven members shall constitute a quorum. The pres-ence of members who are disqualified from participatingin one or more matters to be considered at a meetingshall nonetheless be counted for purposes of determiningthe existence of a quorum for the consideration of allmatters on the agenda.

(c) The Board shall have the power and duty:

* * * * *

(15) To recommend the temporary suspension of arespondent-attorney pursuant to Enforcement Rule208(f)(5) (relating to emergency temporary suspensionorders and related relief).

(16) To decide, through the Board Chair, the Vice-Chair, a designated lawyer-member of the Board, ora designated panel of three members, an interlocu-tory appeal to the Board when such appeal ispermitted by these rules, the Board Rules, or otherlaw.

(17) To exercise the powers and perform the dutiesvested in and imposed upon the Board by law.

(d) The Board shall, to the extent it deems feasible,consult with officers of local bar associations in thecounties affected concerning any appointment which it isauthorized to make under these rules.

Rule 208. Procedure.

* * * * *

(c) [ Hearing procedures. Proceedings ] Prehear-ing and hearing procedures.—The procedure in for-mal proceedings before hearing committees [ and ],special masters, and the Board shall be governed byBoard rules, the Enforcement Rules, and the deci-sional law of the Court and the Board in attorneydiscipline and reinstatement matters. [ except that,unless ] Unless waived in the manner provided by[ such rules ] the Board Rules, at the conclusion of thehearing the hearing committee or special master shallsubmit a report to the Board containing the findings andrecommendations of the hearing committee or specialmaster.

* * * * *

Rule 213. Subpoena power, depositions and relatedmatters.

* * * * *

(d) Challenges; appeal of challenges to subpoena. Anyattack on the validity of a subpoena issued under thisrule shall be handled as follows:

(1) A challenge to a subpoena authorized by subdivision(a)(1) shall be heard and determined by the hearingcommittee or special master before whom the subpoena isreturnable in accordance with the procedure establishedby the Board. See D.Bd. Rules § 91.3(b) (relating toprocedure).

(2) A challenge to a subpoena authorized by subdivision(a)(2) shall be heard and determined by a member of ahearing committee in the disciplinary district in whichthe subpoena is returnable in accordance with the proce-dure established by the Board. See D.Bd. Rules § 91.3(b)(relating to procedure).

(3) A determination under paragraph (1) or (2) may beappealed to a lawyer-Member of the Board, within tendays after service pursuant to D.Bd. Rules §§ [ 89.21 ]89.21(a) and 89.24 of the determination on the partybringing the appeal by filing a petition with the Boardsetting forth in detail the grounds for challenging thedetermination. The appealing party shall serve a copy ofthe petition on the non-appealing party by mail on thedate that the appealing party files the appeal, and thenon-appealing party shall have five business days afterdelivery to file a response. No attack on the validity of asubpoena will be considered by the Designated lawyer-Member of the Board unless previously raised before the

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hearing committee or special master. The Board Mem-ber shall decide the appeal within five business days ofthe filing of the non-appealing party’s response, if any.There shall be no right of appeal to the Supreme Court.Any request for review shall not serve to stay any hearingor proceeding before the hearing committee, specialmaster, or the Board unless the Court enters an orderstaying the proceedings.

* * * * *[Pa.B. Doc. No. 20-142. Filed for public inspection January 31, 2020, 9:00 a.m.]


PART V. PROFESSIONAL ETHICS AND CONDUCT[ 204 PA. CODE CHS. 85, 91 AND 93 ]

Amendments to Rules of Organization and Proce-dure of the Disciplinary Board of The SupremeCourt of Pennsylvania; Order No. 93

By Order dated October 2, 2019, effective November 1,2019, the Supreme Court of Pennsylvania amended Rules102, 201, 217, and 219 of the Pennsylvania Rules ofDisciplinary Enforcement related to the limited admissionto the practice of law in Pennsylvania by attorney spousesof active-duty service members. By this Order, the Boardis making conforming changes to its Rules to reflect theadoption of those amendments.

The Disciplinary Board of the Supreme Court of Penn-sylvania finds that:

(1) To the extent that 42 Pa.C.S. § 1702 (relating torule making procedures) and Article II of the act of July31, 1968 (P.L. 769, No. 240), known as the Common-wealth Documents Law, would otherwise require notice ofproposed rulemaking with respect to the amendmentsadopted hereby, those proposed rulemaking proceduresare inapplicable because the amendments adopted herebyrelate to agency procedure and are perfunctory in nature.

(2) The amendments to the Rules of Organization andProcedure of the Board adopted hereby are not inconsis-tent with the Pennsylvania Rules of Disciplinary Enforce-ment and are necessary and appropriate for the adminis-tration of the affairs of the Board.

The Board, acting pursuant to Pa.R.D.E. 205(c)(12),orders:

(1) Title 204 of the Pennsylvania Code is herebyamended as set forth in Annex A hereto.

(2) The Executive Director shall duly certify this Order,and deposit the same with the Administrative Office ofPennsylvania Courts as required by Pa.R.J.A. 103(c).

(3) The amendments adopted hereby shall take effect30 days after publication in the Pennsylvania Bulletin.





Subpart C. DISCIPLINARY BOARD OF THESUPREME COURT OF PENNSYLVANIACHAPTER 85. GENERAL PROVISIONS

§ 85.2. Definitions.(a) Subject to additional definitions contained in subse-

quent provisions of this subpart which are applicable tospecific chapters, subchapters or other provisions of thissubpart, the following words and phrases, when used inthis subpart shall have, unless the context clearly indi-cates otherwise, the meanings given to them in thissection:

Absent attorney—An attorney or formerly admittedattorney for whom a conservator has been sought orappointed under the Enforcement Rules.

Administrative Office—The Administrative Office ofPennsylvania Courts.

Administrative suspension—Status of an attorney, afterCourt order, who: failed to pay the annual fee and/or filethe form required by subdivisions (a) and (d) of Enforce-ment Rule 219; was reported to the Court by the Pennsyl-vania Continuing Legal Education Board under Rule111(b), Pa.R.C.L.E., for having failed to satisfy the re-quirements of the Pennsylvania Rules for ContinuingLegal Education; failed to pay any expenses taxed pursu-ant to Enforcement Rule 208(g); or failed to meet therequirements for maintaining a limited law license as aLimited In-House Corporate Counsel, a foreign legalconsultant, an attorney participant in defender [ and ] orlegal services programs [ pursuant to Pa.B.A.R. 311,or ], a military attorney, or attorney spouse of anactive-duty service member.

Attorney—Includes any person subject to these rules.Attorney participant in defender or legal services

programs—An attorney holding a limited admissionto practice under Pennsylvania Bar Admission Rule311 (relating to limited admission of participants indefender or legal services programs).

Attorney Registration Office—The administrative divi-sion of the Disciplinary Board which governs the annualregistration of every attorney admitted to, or engaging in,the practice of law in this Commonwealth, with theexception of attorneys admitted to practice pro hac viceunder Pa.B.A.R. 301.

Attorney spouse of an active-duty service mem-ber—An attorney holding a limited admission topractice under Pennsylvania Bar Admission Rule304 (relating to limited admission of spouses ofactive-duty members of the United States Uni-formed Services).

Board—The Disciplinary Board of the Supreme Courtof Pennsylvania.

* * * * *Petitioner-attorney—Includes any person subject to

these rules who has filed a petition for reinstatement tothe practice of law.

Practice of law—Includes the provision of legal servicesas a foreign legal consultant [ or ], military attorney,[ or ] attorney spouse of an active-duty servicemember, attorney participant in defender or legalservices programs, or pursuant to a Limited In-HouseCorporate Counsel License.

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Private reprimand—Private reprimand by the Board.

* * * * *§ 85.3. Jurisdiction.

(a) General rule. Enforcement Rule 201(a) providesthat the exclusive disciplinary jurisdiction of the SupremeCourt and the Board under the Enforcement Rules ex-tends to:

(1) Any attorney admitted to practice law in thisCommonwealth.

Official Note: The jurisdiction of the Board under thisparagraph includes jurisdiction over a foreign legal con-sultant, military attorney, attorney spouse of anactive-duty service member, attorney participant indefender or legal services programs, or a personholding a Limited In-House Corporate Counsel License.See the definitions of ‘‘attorney,’’ ‘‘practice of law’’ and‘‘respondent-attorney’’ in § 85.2 (relating to definitions).

* * * * *CHAPTER 91. MISCELLANEOUS MATTERS

Subchapter E. FORMERLY ADMITTEDATTORNEYS

§ 91.100. Indicia of licensure.

Enforcement Rule 217(h) provides that within ten daysafter the effective date of an order of disbarment orsuspension for a period longer than one year, the formerlyadmitted attorney shall surrender to the Board thecertificate issued by the Attorney Registration Officeunder § 93.143 (relating to issue of certificate as evidenceof compliance) for the current year, along with anycertificate of good standing issued under PennsylvaniaBar Admission Rule 201(d) (relating to certification ofgood standing), certificate of admission issued underPennsylvania Bar Admission Rule 231(d)(3) (relating toaction by Court Prothonotary), certificate of licensureissued under Pennsylvania Bar Admission Rule 341(e)(3)(relating to motion for licensure), Limited In-House Cor-porate Counsel License issued under Pennsylvania BarAdmission Rule 302 (relating to limited in-house corpo-rate counsel license) [ or ], limited certificate of admis-sion issued under Pennsylvania Bar Admission Rule 303(relating to limited admission of military attorneys),limited certificate of admission issued under Penn-sylvania Bar Admission Rule 304 (relating to lim-ited admission of attorney spouses of active-dutyservice members), or limited certificate of admis-sion issued under Pennsylvania Bar AdmissionRule 311 (relating to attorney participants in de-fender or legal services programs). The Board maydestroy the annual certificate issued under § 93.143, butshall retain any other documents surrendered under thissubdivision and shall return those documents to theformerly admitted attorney in the event that he or she issubsequently reinstated.

CHAPTER 93. ORGANIZATION ANDADMINISTRATION

Subchapter G. FINANCIAL MATTERS

ANNUAL REGISTRATION OF ATTORNEYS

§ 93.142. Filing of annual fee form by attorneys.

(a) Transmission of form. Enforcement Rule 219(c) pro-vides that on or before May 15 of each year the AttorneyRegistration Office shall transmit to all attorneys re-quired by the rule to pay an annual fee a notice by e-mail

to register electronically by July 1. Failure to receivenotice shall not excuse the filing of the annual fee form orpayment of the annual fee.

(b) Filing of annual fee form. Enforcement Rule 219(d)provides that on or before July 1 of each year allattorneys required by the rule to pay an annual fee shallfile electronically with the Attorney Registration Office anelectronically endorsed form prescribed by the AttorneyRegistration Office in accordance with the following pro-cedures:

(1) The form shall set forth:(i) The date on which the attorney was admitted to

practice, licensed as a foreign legal consultant, grantedlimited admission as an attorney participant in defender[ and ] or legal services programs [ pursuant toPa.B.A.R. 311, or ], issued a Limited In-House CorporateCounsel License, or granted limited admission as anattorney spouse of an active-duty service member,and a list of all courts (except courts of this Common-wealth) and jurisdictions in which the person has everbeen licensed to practice law, with the current statusthereof.

* * * * *(4) Upon original admission to the bar of this Common-

wealth, licensure as a [ Foreign Legal Consultant ]foreign legal consultant, issuance of a Limited In-House Corporate Counsel License, [ or ] limited admis-sion as an attorney participant in defender [ and ] orlegal services programs [ pursuant to Pa.B.A.R. 311 ],or limited admission as an attorney spouse of anactive-duty service member, a person shall concur-rently file a form under this section for the currentregistration year, but no annual fee shall be payable forthe registration year in which originally admitted orlicensed.

(5) Submission of the annual fee form through elec-tronic means signifies the attorney’s intent to sign theform. By submitting the form electronically, the attorneycertifies that the electronic filing is true and correct.



PART V. PROFESSIONAL ETHICS AND CONDUCT[ 204 PA. CODE CH. 93 ]


By Order dated November 18, 2019, effective December18, 2019, the Supreme Court of Pennsylvania amendedRule 219 of the Pennsylvania Rules of DisciplinaryEnforcement related to the form of payment to the Board.By this Order, the Board is making conforming changesto its Rules to reflect the adoption of those amendments.


(1) To the extent that 42 Pa.C.S. § 1702 (relating torule making procedures) and Article II of the act of July

648 THE COURTS


31, 1968 (P.L. 769, No. 240), known as the Common-wealth Documents Law, would otherwise require notice ofproposed rulemaking with respect to the amendmentsadopted hereby, those proposed rulemaking proceduresare inapplicable because the amendments adopted herebyrelate to agency procedure and are perfunctory in nature.





(3) The amendments adopted hereby shall take effect30 days after publication in the Pennsylvania Bulletin.By the Disciplinary Board of theSupreme Court of Pennsylvania




Subpart C. DISCIPLINARY BOARD OF THESUPREME COURT OF PENNSYLVANIA


Subchapter G. FINANCIAL MATTERSANNUAL REGISTRATION OF ATTORNEYS

§ 93.142. Filing of annual fee form by attorneys.

(a) Transmission of form. Enforcement Rule 219(c) pro-vides that on or before May 15 of each year the AttorneyRegistration Office shall transmit to all attorneys re-quired by the rule to pay an annual fee a notice by e-mailto register electronically by July 1. Failure to receivenotice shall not excuse the filing of the annual fee form orpayment of the annual fee.

(b) Filing of annual fee form. Enforcement Rule 219(d)provides that on or before July 1 of each year allattorneys required by the rule to pay an annual fee shallfile electronically with the Attorney Registration Office anelectronically endorsed form prescribed by the AttorneyRegistration Office in accordance with the following pro-cedures:

* * * * *(2) Payment of the annual fee shall be made in one of

two ways: a) electronically by credit or debit card at thetime of electronic transmission of the form through theonline system of the Attorney Registration Office, whichpayment shall include a nominal fee to process theelectronic payment; or b) by check or money order drawnon a U.S. bank, in U.S. dollars using a printable, mail-invoucher. IOLTA, trust, escrow and other fiduciary accountchecks tendered in payment of the annual fee will not beaccepted. If the annual fee form, voucher or payment isincomplete or if a [ check in ] payment of the annual feehas been returned to the Board unpaid, the annual feeshall not be deemed to have been paid until a collection

fee shall also have been paid. The amount of the collec-tion fee, and one or both of the late payment penaltiesprescribed in § 93.144(a)(1) and (2) of these rules ifassessed, shall be established by the Board annually aftergiving due regard to the direct and indirect costs incurredby the Board during the preceding year for [ checks ]payment returned to the Board unpaid. On or beforeJuly 1 of each year the Executive Office shall publish inthe Pennsylvania Bulletin a notice of the collection feeestablished by the Board for the coming registration year.

* * * * *§ 93.144. Administrative suspension for failure to

comply.(a) Action by Attorney Registration Office. Enforcement

Rule 219(f) provides that when any attorney fails tocomplete the registration required by §§ 93.141 and93.142 by July 16, the Attorney Registration Office shall:

(1) automatically assess against the attorney a non-waivable late payment penalty established by the Board;

(2) automatically add to the delinquent account of anyattorney who has failed to complete registration byAugust 1, a second, non-waivable late payment penaltyestablished by the Board;

(3) after August 1, certify to the Supreme Court thename of every attorney who has failed to comply with theregistration and payment requirements of §§ 93.141 and93.142 of these rules; and

(4) upon the Supreme Court’s entry of an order ofadministrative suspension as provided in subsection (b) ofthis rule, transmit by certified mail, addressed to the lastknown mailing address of the attorney, or by electronicmeans, the order of administrative suspension and anotice that the attorney shall comply with EnforcementRule 217 (relating to formerly admitted attorneys), a copyof which shall be included with the notice.

For purposes of assessing the late payment penaltiesprescribed by this section, registration shall not bedeemed to be complete until the Attorney RegistrationOffice receives a completed annual fee form and satisfac-tory payment of the annual fee and of all outstandingcollection fees and late payment penalties. If [ a checkin ] payment of the delinquency has been returned to theBoard unpaid, a collection fee, as established by theBoard under § 93.142(b)(2) of these rules, shall be addedto the attorney’s delinquent account and registration shallnot be deemed to be complete until the delinquentaccount has been paid in full.

The amount of the late payment penalties shall beestablished by the Board annually pursuant to the provi-sions of § 93.145(b) of these rules.

(b) Action by the Supreme Court. Enforcement Rule219(g) provides that upon receipt of certification of thename of any attorney pursuant to paragraph (a)(3) of thissection, the Supreme Court shall enter an order adminis-tratively suspending the attorney; and that the ChiefJustice may delegate the processing and entry of ordersunder this subsection to the Court Prothonotary.

§ 93.145. Reinstatement of administratively sus-pended attorneys.(a) General rule. An attorney who has been administra-

tively suspended pursuant to § 93.144(b) of these rulesfor three years or less is not eligible to file the annual feeform electronically. Enforcement Rule 219(h) providesthat the procedure for reinstatement is as follows:

* * * * *

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(3) Where [ a check in ] payment of the fees and latepayment penalties has been returned to the Board un-paid, the Attorney Registration Office shall immediatelyreturn the attorney to administrative suspension, and thearrears shall not be deemed to have been paid until acollection fee, as established by the Board under§ 93.142(b)(2) of these rules, shall also have been paid.

(b) Late payment penalties. Enforcement Rule 219(h)(3)provides that a formerly admitted attorney who is admin-istratively suspended must pay the late payment penal-ties incurred in the year in which the formerly admittedattorney is transferred to administrative suspension. Theamount of the late payment penalties shall be establishedby the Board annually after giving due regard to suchfactors as it considers relevant, including the direct andindirect costs incurred by the Board during the precedingyear in processing the records of attorneys who fail totimely file the form required by § 93.142(b). On or beforeJuly 1 of each year the Executive Office shall publish inthe Pennsylvania Bulletin a notice of the late paymentpenalty established by the Board for the coming registra-tion year.

§ 93.146. Selection of retired or inactive status andresumption of active status.

* * * * *

(b) Inactive Status. Enforcement Rule 219(j) providesthat:

(1) An attorney who is not engaged in practice inPennsylvania, has sold his or her practice pursuant toRule 1.17 of the Pennsylvania Rules of ProfessionalConduct, or is not required by virtue of his or her practiceelsewhere to maintain active licensure in the Common-wealth may request inactive status or continue thatstatus once assumed. The attorney shall file either theannual form required by § 93.142(b) and request inactivestatus or file Form DB-28 (Notice of Voluntary Assump-tion of Inactive Status). The attorney shall be removedfrom the roll of those classified as active until and unlesssuch inactive attorney makes a request under paragraph(3) of this section for an administrative return to activestatus and satisfies all conditions precedent to the grantof such request; or files a petition for reinstatement under§ 89.273(b) (relating to procedure for reinstatement of anattorney who has been on inactive status for more thanthree years, or who is on inactive status and had not beenon active status at any time within the prior three years)and is granted reinstatement pursuant to the provisionsof § 89.273(b) of these rules.

(2) An inactive attorney under this subsection (b) shallcontinue to file the annual form required by § 93.142(b),and shall file the form through the online system identi-fied in § 93.141(a) and shall pay an annual fee of $100.00in the manner provided in § 93.142(b)(2). Noncompliancewith this provision will result in the inactive attorneyincurring late payment penalties, incurring a collectionfee for any [ check in ] payment that has been returnedto the Board unpaid, and being placed on administrativesuspension in accordance with the provisions of § 93.144.

(3) Administrative Change in Status from Inactive Sta-tus to Active Status: An attorney on inactive status mayrequest a resumption of active status by filing FormDB-29 (Application for Resumption of Active Status) with

the Attorney Registration Office. The form must be filedby mail or delivered in person to the Attorney Registra-tion Office. Resumption of active status shall be grantedunless the inactive attorney is subject to an outstandingorder of suspension or disbarment, unless the inactiveattorney has sold his or her practice pursuant to Rule1.17 of the Pennsylvania Rules of Professional Conduct(see § 89.273(b)), unless the inactive status has been ineffect for more than three years, or unless the inactiveattorney had not been on active status at any time withinthe preceding three years (see § 89.273(b)), upon thepayment of:

(i) the active fee for the registration year in which theapplication for resumption of active status is made or thedifference between the active fee and the inactive fee thathas been paid for that year; and

(ii) any collection fee or late payment penalty that mayhave been assessed pursuant to § 93.144 of these rules,prior to the inactive attorney’s request for resumption ofactive status.

Where [ a check in ] payment of the fees and penal-ties has been returned to the Board unpaid, the AttorneyRegistration Office shall immediately return the attorneyto inactive status, and the arrears shall not be deemed tohave been paid until a collection fee, as established by theBoard under § 93.142(b)(2), shall also have been paid.

Official Note: The Note to Enforcement Rule 219(j)explains that § 93.145 (relating to reinstatement of ad-ministratively suspended attorneys) and § 93.146 (relat-ing to resumption of active status by retired or inactiveattorneys) do not apply if, on the date of the filing of therequest for reinstatement, the formerly admitted attorneyhas not been on active status at any time within thepreceding three years. See § 89.273(e)(1).

§ 93.148. Administrative change in status from ad-ministrative suspension to inactive status.

(a) Enforcement Rule 219(k) provides that an inactiveattorney who has been administratively suspended forfailure to file the annual form and pay the annual feerequired by § 93.146(b)(2) of these rules, may request anadministrative change in status form from the AttorneyRegistration Office. The form must be filed by mail ordelivered in person to the Attorney Registration Officeand said Office shall change the status of an attorneyeligible for inactive status under this subsection (a) uponreceipt of:

(1) the annual form required by § 93.142 of theserules;

(2) payment of the annual fee required by § 93.141 ofthese rules;

(3) payment of the annual fee that was due in the yearin which the attorney was administratively suspended;

(4) payment of all collection fees and late paymentpenalties assessed under § 93.142(b)(2) and § 93.144 ofthese rules; and

(5) payment of an administrative processing fee of$100.00.

Where [ a check in ] payment of the fees and penal-ties has been returned to the Board unpaid, the AttorneyRegistration Office shall immediately return the attorney

650 THE COURTS


to administrative suspension, and the arrears shall not bedeemed to have been paid until a collection fee, asestablished by the Board under § 93.142(b)(2), shall alsohave been paid.

(b) Enforcement Rule 219(k) provides that an activeattorney who has been administratively suspended forfailure to file the annual form required by § 93.142 andpay the annual fee required by § 93.141 must complywith § 93.145 (relating to reinstatement of administra-tively suspended attorneys) before becoming eligible toregister as inactive or retired.



PART V. PROFESSIONAL ETHICS AND CONDUCT[ 204 PA. CODE CH. 93 ]


By Order dated December 18, 2019, effective January17, 2020, the Supreme Court of Pennsylvania amendedRule 205 of the Pennsylvania Rules of DisciplinaryEnforcement related to the composition of the Board andmembership terms. By this Order, the Board is makingconforming changes to its Rules to reflect the adoption ofthose amendments.


(1) To the extent that 42 Pa.C.S. § 1702 (relating torule making procedures) and Article II of the act of July31, 1968 (P.L. 769, No. 240), known as the Common-wealth Documents Law, would otherwise require notice ofproposed rulemaking with respect to the amendmentsadopted hereby, those proposed rulemaking proceduresare inapplicable because the amendments adopted herebyrelate to agency procedure and are perfunctory in nature.





(3) The amendments adopted hereby shall take effect30 days after publication in the Pennsylvania Bulletin.





Subpart C. DISCIPLINARY BOARD OF THESUPREME COURT OF PENNSYLVANIA


Subchapter B. THE DISCIPLINARY BOARD§ 93.21. The Disciplinary Board.

Enforcement Rule 205(a) and (b) provide that theSupreme Court shall appoint a board to be known as ‘‘TheDisciplinary Board of the Supreme Court of Pennsylva-nia’’ which shall be composed of [ 11 ] ten members ofthe bar of this Commonwealth and two non-lawyerelectors; that the regular [ terms ] term of members ofthe Board shall be for [ three years; ] six years, unlessotherwise specified by order of the Court; and thatno member shall serve for more than [ two consecutivethree-year terms ] one term.


Title 210—APPELLATEPROCEDURE

PART I. RULES OF APPELLATE PROCEDURE[ 210 PA. CODE CH. 37 ]

Amendments to Chapter 37 of the PennsylvaniaRules of Appellate Procedure, Business of theCommonwealth Court; No. 126 Misc. Doc. No. 3

OrderPer Curiam

And Now, this 17th day of January, 2020, it is Orderedpursuant to Pa.R.A.P. 104(a) that Chapter 37 of the Rulesof Appellate Procedure, Business of the CommonwealthCourt, is amended in the following form. These amend-ments shall be effective immediately upon publication inthe Pennsylvania Bulletin.

Annex ATITLE 210. APPELLATE PROCEDURE

PART I. RULES OF APPELLATE PROCEDUREARTICLE III. MISCELLANEOUS PROVISIONS

CHAPTER 37. BUSINESS OF THECOMMONWEALTH COURT

IN GENERALRule 3701. Amendments to Chapter.

This chapter may be added to or otherwise amended byorder of the Supreme Court, o