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PA Bulletin, Doc. No. 20-1065

THE COURTS

Title 204—JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV. ADMISSION TO PRACTICE LAW

[ 204 PA. CODE CH. 71 ]

Proposed Adoption of Pennsylvania Bar Admission Rule 215

[50 Pa.B. 4012]
[Saturday, August 8, 2020]

 Notice is hereby given that the Pennsylvania Board of Law Examiners is considering recommending to the Pennsylvania Supreme Court that it adopt Rule 215 of the Pennsylvania Bar Admission Rules codifying the Board's practice of conducting remote hearings as set forth in Annex A. For ease of review, the proposed rule is in plain text.

 The proposed amendment would codify the Board's practice of conducting remote hearings using video, telephone or equivalent means. Currently, there is no Board rule addressing remote hearing before the Board and, given the current public health crisis, the Board is outlining the manner and methods for conducting remote hearings currently and into the future. The rule also provides the applicant may request a hearing be conducted remotely and provides the Board may grant such request.

 In addition to a hearing being held remotely, the proposed rule permits the Board to schedule, of its own volition, witness testimony by telephone, video or equivalent means when the witness is unable to testify in person due to a compelling reason. Additionally, the applicant may request that a witness's testimony occur remotely and provides the Board with discretion to grant the request. In order to assure the identity of any witness testifying remotely, the rule requires the witness provide valid government-issued-photo identification in advance of his or her testimony.

 In addition, the rule outlines notice and other requirements for holding remote hearings. First, the Board is required to provide the date and time of the hearing in Eastern time. Second, the applicant is required to provide the names of witnesses, additional documents, and additional exhibits at least 3 business days in advance of the hearing. Third, it requires that the applicant request the record be held open in the event a document or exhibit cannot be provided in advance, and permits the Board to hold the record open for the submission of those documents or exhibits for a reasonable time. Last, the rule also provides the manner in which documents are provided to the Board, i.e. all documents and exhibits are to be transmitted securely via the Board's secure electronic website, applicant portal, mail, or facsimile.

 The proposed rule also outlines technology matters. It requires the Board to provide notice of technology requirements used for remote hearings on its website and on the hearing information letter or document, and requires the Board to provide necessary instructions for the conduct of remote hearings. The proposed rule also provides that applicants are responsible to ensure that they have the necessary equipment and software, and that equipment it is in good working order prior to the hearing. The rule also places responsibility on the applicant and his or her counsel to be familiar with required technology in advance of the hearing.

 Interested persons are invited to submit written comments regarding the proposed amendments to the Counsel to the Board, Pennsylvania Board of Law Examiners, Pennsylvania Judicial Center, 601 Commonwealth Avenue, Suite 3600, P.O. Box 62535, Harrisburg, PA 17106-2535, no later than September 8, 2020.

By the Pennsylvania Board of Law Examiners
Supreme Court of Pennsylvania

GICINE P. BRIGNOLA, 
Executive Director

Annex A

TITLE 204. JUDICIAL RULES OF GENERAL PROVISIONS

PART IV. ADMISSION TO PRACTICE LAW

CHAPTER 71. PENNSYLVANIA BAR ADMISSION RULES

Subchapter B. ADMISSION TO THE BAR GENERALLY

PROCEEDINGS BEFORE BOARD

 (Editor's Note: The following rule is proposed to be added and printed in regular type to enhance readability.)

Rule 215. Remote Hearing.

(a) Scheduling of Remote Hearing.

 (1) The Board may schedule a hearing to be conducted remotely, including by video, telephone or equivalent means.

 (2) An applicant may request that a hearing be conducted remotely and, at its discretion, the Board may grant such request.

 (3) The Board may schedule, on its own motion, a witness's testimony to occur by telephone, video or equivalent means when the witness is unable to testify in person due to a reasonable and compelling circumstance.

 (4) An applicant may request that a witness's testimony occur by telephone, video or equivalent means and, at its discretion, the Board may grant such request.

 (5) Any witness testifying remotely must provide valid, government-issued-photo identification to the Board office in advance of his or her testimony.

(b) Notice of Remote Hearing and Documents.

 (1) The Board shall provide the date and time of the hearing in prevailing Eastern time.

 (2) The applicant or his or her counsel, if any, shall provide the names of witnesses at least 3 business days in advance of the hearing.

 (3) With respect to documents and exhibits to be presented at the hearing that are not already part of the Board's record, the applicant or his or her counsel shall provide copies to the Board at least 3 business days in advance of the hearing.

 (4) In the event the applicant or his or her counsel cannot provide a copy of a document or exhibit prior to the hearing, he or she shall request that the record be held open for the submission of such document or exhibit.

 (5) Upon request, the Board will have discretion regarding whether to hold the record open for a reasonable time for the submission of any document or exhibit the applicant or his or her counsel requests to submit.

 (6) Documents and exhibits shall be transmitted electronically via the Board's secure electronic website, applicant portal, mail, or facsimile unless otherwise directed by the Board.

(c) Technology.

 (1) The Board shall provide notice of the technology requirements or software used for a remote hearing on its website and in its hearing information letter or document.

 (2) The Board shall also provide any instructions necessary for the conduct of the remote hearing prior to the hearing (i.e. instructions on how to mute/unmute a microphone, turn camera on/off, etc.).

 (3) Applicants shall ensure that all necessary equipment and software are in good working order prior to the hearing. Each applicant is responsible for his or her own equipment (i.e. laptop, desktop, smartphone, webcam, etc.).

 (4) Applicants and counsel, if any, will be expected to be familiar with the required technology before the hearing begins.

[Pa.B. Doc. No. 20-1065. Filed for public inspection August 7, 2020, 9:00 a.m.]



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