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PA Bulletin, Doc. No. 96-1625

THE COURTS

PART IV.  ADMISSION TO PRACTICE OF LAW

[204 PA. CODE CH. 71]

Amendment of the Pennsylvania Bar Admission Rules:  Hearings Before the Board; No. 163; Doc. No. 1

[26 Pa.B. 4635]

Order

Per Curiam:

   And Now, this 9th day of September, 1996, Rule 213 of the Pennsylvania Bar Admission Rules is amended to read as follows.

   To the extent that notice of proposed rulemaking would be required by Pennsylvania Rule of Judicial Administration No. 103 or otherwise, the immediate amendment of Rule 213 is hereby found to be required in the interest of justice and efficient administration.

   This Order shall be processed in accordance with Pennsylvania Rule of Judicial Administration No. 103(b) and shall be effective immediately.

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART IV.  ADMISSION TO PRACTICE OF LAW

CHAPTER 71.  PENNSYLVANIA BAR ADMISSION RULES

Subchapter B.  ADMISSION TO THE BAR GENERALLY

PROCEEDINGS BEFORE BOARD

Rule 213.  Hearings before the Board.

   (a)  General Rule.  If, upon an initial review of an application filed under these rules and of any other related information available to the Board, the Board, through the Executive Director, finds that the applicant does not appear to possess the fitness and general qualifications (other than scholastic) requisite for a member of the bar of the Commonwealth, the Executive Director shall forthwith give the applicant notice of such finding in the manner prescribed by Board rule, and of the right of the applicant to request in writing, within thirty (30) days of the denial, a hearing before the Board.

   (b)  Hearing. Within 30 days after receipt of the request of an applicant for a hearing under this Rule the Board shall hold a hearing at which the applicant shall be present. The applicant may be represented by counsel at the hearing. [The applicant and Counsel of the Board may subpoena and examine witnesses and offer] The Board shall not be bound by the formal rules of evidence and such relevant evidence may be introduced at the hearing as may be necessary for the Board to make a final determination upon the application. The burden of proof shall be on the applicant to establish that he or she possesses the character, fitness and general qualifications that are compatible with the standards expected to be observed by a member of the Bar of this Commonwealth. The applicant may call and examine witnesses, cross-examine adverse witnesses and present such evidence as is relevant to the issue before the Board. At any such hearing [Counsel of the Board shall present in full the facts upon which the initial adverse finding was based and shall make available to] the applicant and his or her counsel shall be permitted [for inspection] to inspect such portion of the record of the applicant bearing upon the issues before the Board as does not constitute confidential information. [or work product of the Executive Director or Counsel of the Board. If requested by the applicant,] A stenographic or other verbatim record shall be made of any such hearing, but hearings before the Board shall not be open to the public. The Board shall have the power to issue subpoenas for the attendance of witnesses and for the production of documentary evidence at the hearing.

[Pa.B. Doc. No. 96-1625. Filed for public inspection September 27, 1996, 9:00 a.m.]


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