§ 81.110. Requests for Exemptions and Reconsideration.
(a) If the IOLTA Board denies a lawyers request for an exemption from maintenance of an IOLTA Account, the lawyer may, within 30 days of written notice of denial from the IOLTA Board, request in writing a reconsideration of the IOLTA Boards decision. All requests for reconsideration shall set forth in detail additional facts, if any, not brought before the IOLTA Board in the request for exemption, as well as the reasons, if any, why an exemption should be granted.
(b) If the IOLTA Board has determined that a lawyer is exempt from the requirement of maintaining an IOLTA Account, the lawyer may, within 30 days of written notice from the IOLTA Board that the lawyer is exempt, request in writing a reconsideration of the IOLTA Boards decision. All requests for reconsideration shall set forth in detail facts, if any, why the lawyer should maintain an IOLTA Account, and the manner, if any, in which the purposes of the IOLTA program will be furthered by the lawyers maintenance of an IOLTA Account.
(c) Notice shall be deemed to have been given to a lawyer under the provisions of subsections (a) and (b) of this Section 81.110 upon the deposit by the IOLTA Board, postage prepaid, with the United States Postal Service of its written determination regarding the exemption, if any, of the lawyer from IOLTA.
(d) The IOLTA Board may delegate to its staff or to a committee of the IOLTA Board the authority to determine exemptions from IOLTA or to reconsider exemption denials or determinations.
Source The provisions of this § 81.107 renumbered as § 81.109 and amended November 21, 2005, effective immediately, 35 Pa.B. 6640; renumbered as § 81.110 and amended June 22, 2009, effective immediately, 39 Pa.B. 3431. Immediately preceding text appears at serial page (315898).
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