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204 Pa. Code § 89.181. Abbreviated procedure.

ABBREVIATED PROCEDURE


§ 89.181. Abbreviated procedure.

 (a)  Scope. At the conclusion of the hearing, it may be obvious to all participants that no showing of misconduct has been made or that there has been adequate proof of a violation of §  85.7 (relating to grounds for discipline) and that some form of private discipline or a public reprimand would be appropriate. In such circumstances the cost and delay of the preparation of a formal transcript is unnecessary and the preparation of a detailed report as provided by §  89.172 (relating to contents of report) is an unnecessary and time-consuming burden on the hearing committee and others. Where the participants can stipulate to an acceptable determination the procedures of this section minimize cost, effort and time for all participants. This section may be applicable to combined reinstatement and disciplinary hearings conducted before a hearing committee pursuant to §  89.273(b)(4) (relating to combined hearings in reinstatement matters where formal disciplinary proceedings are then pending or have been authorized against the formerly admitted attorney).

 (b)  General rule. The respondent-attorney and staff counsel in the manner provided by subsection (c), may agree to waive the preparation of a transcript and the filing of formal findings and recommendations. In such situations, unless the Board directs otherwise, the committee may submit to the Board a summary determination of the committee and stipulation of discipline.

 (c)  Procedures.

   (1)  Immediately after the conclusion of the hearing the members of the hearing committee shall, if practicable and if neither the respondent-attorney nor staff counsel object to proceeding under this section, temporarily recess the proceedings and meet in private to determine whether a finding of misconduct should be made.

   (2)  The Committee shall immediately reconvene the proceedings and announce their conclusion on the issue of misconduct.

   (3)  If a violation of §  85.7 has been found the hearing committee shall immediately:

     (i)   receive evidence pursuant to §  89.151 (relating to separate consideration of evidence relevant to type of discipline);

     (ii)   temporarily recess the proceedings;

     (iii)   meet in private to determine the type of discipline which the committee will recommend to the Board; and

     (iv)   reconvene the proceedings and announce the discipline which the committee will recommend to the Board.

   (4)  Immediately after announcing that a violation of §  85.7 has not been found or the discipline that the committee will recommend to the Board, as the case may be, the committee shall deliver to the participants Form DB-43 (Hearing Committee Determination Under Abbreviated Procedure) setting forth the summary determination of the committee. The official reporter shall be directed by the hearing committee not to prepare a transcript until receipt from the committee of specific instructions to do so.

   (5)  The participants shall be conclusively deemed to have accepted the summary determination of, and (if a violation of §  85.7 has been found) to have stipulated that the Board shall impose the type of discipline recommended by, the committee unless either the respondent-attorney or staff counsel shall, within five days after receipt of the Form DB-43 as provided in paragraph (4), file a copy of such Form DB-43 with objections to the summary determination of the hearing committee indicated thereon.

   (6)  If a timely objection is made as provided in paragraph (5) the participants may file briefs, the official reporter shall be directed to prepare a transcript and the hearing committee shall submit to the Board formal findings and recommendations in the manner and within the time otherwise provided by these rules.

   (7)  If no timely objection is made no briefs shall be filed, no formal findings and recommendations shall be prepared by the hearing committee and the official reporter shall not prepare a transcript. The chair of the hearing committee shall, however, prepare and file a brief summary of the case, in the form of a letter to the Board, which summary ordinarily should not exceed two pages in length, and the record of the proceedings shall forthwith be transmitted to the Board Prothonotary which shall serve upon the respondent-attorney and staff counsel copies of the brief summary of the case filed by the chair of the hearing committee.

   (8)  Thereafter the Board shall either:

     (i)   affirm the finding that no violation of §  85.7 has been shown and dismiss the proceeding;

     (ii)   impose or cause to be imposed the type of private discipline, stipulated by the participants;

     (iii)   impose the public reprimand, stipulated by the participants; or

     (iv)   remand the record to the hearing committee with instructions to fix a briefing schedule and to proceed as provided in paragraph (6), if for any reason the type of discipline stipulated by the parties is not accepted by the Board.

   (9)  Where the proceeding is disposed of as provided by paragraph (8)(i), (ii), or (iii), the official reporter shall preserve the untranscribed notes or recording of testimony in the manner and for the duration specified by the Executive Office.

Source

   The provisions of this §  89.181 amended May 18, 1979, effective May 19, 1979, 9 Pa.B. 1607; amended through April 8, 1983, effective April 9, 1983, 13 Pa.B. 1244; amended May 17, 1991, effective May 18, 1991, 21 Pa.B. 2332; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1656; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (404228) and (397841) to (397842).


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