§ 93.145. Administrative change to active status.
(a) Administrative suspension three years or less. An attorney who has been administratively suspended pursuant to § 93.144(a) (relating to failure to comply with annual registration), § 93.144(b) (relating to failure to comply with Pennsylvania Rules of Continuing Legal Education requirements), or § 93.144(c) (relating to failure to pay costs under Enforcement Rule 208(g)) for three years or less is not eligible to file the annual registration form electronically. Enforcement Rule 219(h)(1) provides that the procedure for reinstatement is as follows:
(1) The formerly admitted attorney shall submit to the Attorney Registration Office the form required by § 93.142(a) along with payment as applicable of:
(i) the current annual assessment for active status;
(ii) the annual assessment that was due in the year in which the attorney was administratively suspended;
(iii) the late payment penalties required by § 93.144(a)(1) and (2);
(iv) any unpaid collection fee;
(v) payment of any outstanding costs and fees under Enforcement Rule 208(g); and
(vi) an administrative fee of $300.00.
(2) Upon receipt of the annual registration form, a verified statement showing compliance with Enforcement Rule 217 (relating to formerly admitted attorneys) and compliance during the term of administrative suspension, confirmation of compliance with rules and regulations of the Continuing Legal Education Board, if applicable, and the payments required by paragraph (a)(1) of this section, the Attorney Registration Office shall so certify to the Board Prothonotary and to the Supreme Court; and that unless the formerly admitted attorney is subject to another outstanding order of suspension, temporary suspension or disbarment or the order has been in effect for more than three years, the filing of the certification from the Attorney Registration Office with the Court Prothonotary shall operate as an order reinstating the person to active status.
(3) Where payment of the fees and late payment penalties has been returned to the Board unpaid, the Attorney Registration Office shall immediately return the attorney to administrative suspension, and the arrears shall not be deemed to have been paid until a collection fee, as established by the Board under § 93.142 (a)(2) of these rules, shall also have been paid.
(b) Inactive Status three years or less. Enforcement Rule 219(h)(2) provides that the procedure is as follows:
(1) The formerly admitted attorney shall submit to the Attorney Registration Office:
(i) a form available through that Office;
(ii) payment of any of the following as applicable:
(A) the active annual assessment for the year in which the request for active status is made or the difference between the active annual assessment and the inactive annual assessment previously paid for that year:
(B) late payment penalties;
(C) any unpaid collection fee.
(c) Retired status three years or less. Enforcement Rule 219(h)(3) provides that the procedure is as follows:
(1) The formerly admitted attorney shall submit to the Attorney Registration Office:
(i) a form available through that Office;
(ii) the active annual assessment for the year in which the request for active status is made.
(d) The procedures under paragraph (a), (b) and (c) do not apply to:
(1) a formerly admitted attorney who, on the date of the request for active status, has not been on active status at any time within the preceding three years;
(2) a formerly admitted attorney who has sold his or her law practice by reason of disability and who has been transferred to inactive status pursuant to Enforcement Rule 301 or 219(i)(1), as required by Rule of Professional Conduct 1.17(f) (relating to the sale of a law practice by reason of disability);
(3) a formerly admitted attorney who is subject to an outstanding order of disability inactive status, suspension, temporary suspension, or disbarment; or
(4) a formerly admitted attorney who, on the date of the request for active status, has an outstanding obligation to the Lawyers Fund for Client Security.
Source The provisions of this § 93.145 amended July 8, 1983, effective July 9, 1983, with respect to assessment years commencing July 1, 1983 and thereafter, 13 Pa.B. 2138; amended through October 12, 1984, effective October 13, 1984, 14 Pa.B. 3749; amended September 11, 1992, effective September 12, 1992, with respect to assessment years commencing July 1, 1992 and thereafter, 22 Pa.B. 4624; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 6864; amended October 28, 2016, effective October 29, 2016, 46 Pa.B. 6814, corrected at 46 Pa.B. 7250; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552; amended January 31, 2020, effective 30 days after publication, 50 Pa.B. 648; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial page (400499).
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