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Pennsylvania Code



Subchapter E. HEARING COMMITTEES AND SPECIAL MASTERS


HEARING COMMITTEES

Sec.


93.81.    Hearing committees.
93.82.    Quorum and manner of acting.
93.83.    Powers and duties.
93.84.    Officers.
93.85.    Meetings of hearing committees.
93.86.    Disqualification of reviewing member to sit on hearing in same matter.
93.87.    Replacement of unavailable members.

SPECIAL MASTERS


93.91.    Special masters.

HEARING COMMITTEES


§ 93.81. Hearing committees.

 (a)  General rule. Enforcement Rule 205(c)(3) provides that the Board shall appoint not less than 18 hearing committee members within each disciplinary district, and that each person appointed as a hearing committee member for a district shall be a member of the bar of this Commonwealth who maintains an office for the practice of law within the district.

 (b)  (Rescinded.)

 (c)  Terms. Enforcement Rule 206(a) provides that when a hearing committee is required to handle a matter, the Board shall appoint a hearing committee consisting of three hearing committee members from the appropriate disciplinary district. Under exigent circumstances, the Board has the discretion to appoint a hearing committee member or members from outside the appropriate disciplinary district, or to require that a matter be transferred to another disciplinary district. At least one of the members of the hearing committee shall be a senior hearing committee member, and another member shall be either a senior hearing committee member or an experienced hearing committee member; the terms of hearing committee members shall be three years; no member shall serve for more than two consecutive three-year terms; a hearing committee member who has served two consecutive three-year terms may be reappointed after the expiration of one year; and the terms of members shall commence on July 1. A hearing committee member whose term has expired may continue to serve until the conclusion of any matter commenced before the member prior to the expiration of such term, if so requested in writing by the Executive Office.

Source

   The provisions of this §  93.81 amended March 6, 1981, effective March 7, 1981, 11 Pa.B. 782; amended July 29, 1994, effective July 30, 1994, 24 Pa.B. 3706; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1656; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial pages (363189) to (363190).

§ 93.82. Quorum and manner of acting.

 Enforcement Rule 206(a) provides that a hearing committee shall act only with the concurrence of a majority of its members and that two members shall constitute a quorum, except that a single senior or experienced hearing committee member may act for the committee when the committee is sitting as an investigatory hearing committee under §  91.2(a)(1) (relating to subpoenas and investigations) or when conducting a prehearing conference.

Source

   The provisions of this §  93.82 amended October 9, 1981, effective October 10, 1981, 11 Pa.B. 3500; amended June 11, 1993, effective June 12, 1993, 23 Pa.B. 2729; amended July 29, 1994, effective July 30, 1994, 24 Pa.B. 3706; amended March 11, 2005, effective March 12, 2005, 35 Pa.B. 1656. Immediately preceding text appears at serial pages (203555) to (203556).

§ 93.83. Powers and duties.

 (a)  General rule. Enforcement Rule 206(b) provides that each hearing committee shall have the power and duty:

   (1)  To conduct investigatory hearings and hearings into formal charges of misconduct upon assignment by the Executive Office.

   (2)  To submit their conclusions set forth as prescribed by these rules, together with the record of the hearing, to the Board.

 (b)  Other duties. A hearing committee shall also conduct reinstatement hearings and perform such other duties as may be imposed by or pursuant to these rules.

Source

   The provisions of this §  93.83 amended July 8, 1983, effective July 9, 1983, 13 Pa.B. 2138; amended November 14 and 17, 1989 and December 6 and 20, 1989, 20 Pa.B. 2009; amended June 11, 1993, effective immediately, 23 Pa.B. 2729; amended March 11, 2005, effective immediately, 35 Pa.B. 1656; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552. Immediately preceding text appears at serial pages (363190) to (363191).

§ 93.84. Officers.

 Enforcement Rule 206(a) provides that the Board shall designate the chair of each hearing committee, who shall be a senior hearing committee member. In the case of the absence or disability of the chair of a hearing committee, the committee shall select an acting chair. The chair of a hearing committee shall be the presiding officer at all hearings held by the committee and, unless otherwise directed by the committee with respect to particular questions or issues, shall make all rulings on admissibility of evidence and other procedural matters arising in connection with formal proceedings.

Source

   The provisions of this §  93.84 amended March 11, 2005, effective immediately, 35 Pa.B. 1656. Immediately preceding text appears at serial pages (203556) to (203557).

§ 93.85. Meetings of hearing committees.

 Except as otherwise provided by these rules, meetings and proceedings of a hearing committee shall be governed insofar as applicable by the provisions of these rules governing meetings and proceedings of the Board.

§ 93.86. Disqualification of reviewing member to sit on hearing in same matter.

 Enforcement Rule 205(c)(5) provides that a hearing committee member who has passed upon Disciplinary Counsel’s recommended disposition of a matter shall be ineligible to serve on a hearing committee that considers the matter.

Source

   The provisions of this §  93.86 amended November 14 and 17, 1989 and December 6 and 20, 1989, 20 Pa.B. 2009; amended March 11, 2005, effective immediately, 35 Pa.B. 1656. Immediately preceding text appears at serial page (203557).

§ 93.87. Replacement of unavailable members.

 Enforcement Rule 206(c) provides that if a member of a hearing committee becomes disqualified or otherwise unavailable to serve with respect to any particular matter, the Executive Office shall designate a replacement.

Source

   The provisions of this §  93.87 amended March 11, 2005, effective immmediately, 35 Pa.B. 1656; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552. Immediately preceding text appears at serial page (363192).

SPECIAL MASTERS


§ 93.91. Special masters.

 (a)  Assignment. Enforcement Rule 206(d) provides that a special master instead of a hearing committee may be assigned by the Board to conduct an investigatory hearing or formal proceeding.

 (b)  Powers and duties. Enforcement Rule 206(e) provides that a special master shall have the power and duty:

   (1)  To conduct investigatory hearings and hearings into formal charges of misconduct upon assignment by the Board.

   (2)  To submit his or her conclusions set forth as prescribed by these rules to the Board.

Source

   The provisions of this §  93.91 adopted November 14 and 17, 1989 and December 6 and 20, 1989, 20 Pa.B. 2009; amended March 13, 1991, effective November 16, 1991, 21 Pa.B. 5325; amended June 11, 1993, effective immediately, 23 Pa.B. 2729; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552. Immediately preceding text appears at serial page (363192).


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