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PA Bulletin, Doc. No. 06-529


Title 37--LAW


[37 PA. CODE CH. 81]

Representation of Applicant

[36 Pa.B. 1495]

   The Board of Pardons (Board) amends § 81.282 (relating to representation of applicant) to read as set forth in Annex A.


   This final-omitted rulemaking is promulgated in response to the requirements of the act of June 1, 1995 (P. L. 1017, No. 15) (Spec. Sess. No. 1) (Act 215).

Purpose and Legal Requirements

   The purpose of the final-omitted rulemaking is to make clear that persons who, by reason of mental incompetence or other mental disability, are unable to apply for clemency on their own or to designate an individual to act on their behalf may nevertheless make application with the Board for clemency. This final-omitted rulemaking will also make clear that applicants may be represented by a public defender or other court-appointed attorney. This amendment will protect a mentally incompetent person's constitutional right to due process of law and his rights under the Americans With Disabilities Act of 1990 (42 U.S.C.A. §§ 12101--12213)

Regulatory Review

   Under section 5.1(c) of the Regulatory Review Act (71 P. S. § 745.5a(c)), on February 9, 2006, the Board submitted a copy of the final-omitted rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Judiciary Committees. A copy of this material is available to the public upon request.

   Under section 5.1(j.1) and (j.2) of the Regulatory Review Act, on March 20, 2006, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on March 21, 2006, and approved the final-omitted rulemaking.

Affected Parties

   The final-omitted rulemaking will affect mentally incompetent persons, as well as other persons authorized by law to act on behalf of the mentally incompetent person and to appear before the Board on behalf of the incompetent person.

Effective Date

   This final-omitted rulemaking will become effective upon publication in the Pennsylvania Bulletin.

Contact Person

   For further information regarding this amendment, contact John L. Heaton, Esq., Secretary, Board of Pardons, 333 Market Street, 15th Floor, Harrisburg, PA, 17126-0333, (717) 787-8125.


   The Board finds that:

   (1)  Public notice of the Board's intention to amend its regulations as adopted by this order, under the procedures specified in sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 204) (45 P. S. § 1204(3)), known as the Commonwealth Documents Law (CDL), has been omitted under the authority in section 204(1)(iii) of the CDL (45 P. S. § 1204(1)(iii)), because the Board has found that the rulemaking relates to agency practice and procedure.

   (2)  The amendment of the regulation of the Board in the manner provided in this order is necessary and appropriate for administering the Constitution of Pennsylvania. PA. CONST. Article IV, § 9.


   The Board, acting under Article IV, § 9 of the Pennsylvania Constitution, orders that:

   (a)  The regulations of the Board, 37 Pa. Code Chapter 81, are amended by amending § 81.282 to read as set forth in Annex A.

   (b)  The Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for approval as to form and legality as required by law.

   (c)  The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.

   (d)  This order shall become effective immediately upon publication in the Pennsylvania Bulletin.


   (Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 36 Pa.B. 1555 (April 1, 2006).)

   Fiscal Note: 56-3. No fiscal impact; (8) recommends adoption.

Annex A






§ 81.282. Representation of applicant.

   The applicant may be represented by legal counsel or another person designated by the applicant. The applicant may also be represented by a legal guardian, next friend or other person authorized by law to act on behalf of the applicant. If confined, the applicant may request representation from the Department of Corrections.

[Pa.B. Doc. No. 06-529. Filed for public inspection March 31, 2006, 9:00 a.m.]

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