Subchapter G. FINANCIAL MATTERS
TAXATION OF COSTS Sec.
93.111. Determination of reimbursable expenses.
93.112. Failure to pay taxed expenses.
EXPENSES GENERALLY
93.121. Expenses.
93.122. Audit.
93.123. Fiscal year.
ANNUAL REGISTRATION AND ASSESSMENT. ADMINISTRATIVE SUSPENSION. ADMINISTRATIVE CHANGES IN STATUS.
93.141. Annual registration.
93.142. Filing of annual registration form.
93.143. Issue of certificate as evidence of compliance.
93.144. Administrative suspension.
93.145. Administrative change to active status.
93.146. Administrative change to inactive or retired status.
93.147. Public notice of administrative suspension.
93.148. [Reserved].
93.149. [Reserved].
TAXATION OF COSTS
Source The provisions of these § § 93.111 and 93.112 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1244, unless otherwise noted.
§ 93.111. Determination of reimbursable expenses.
(a) General rule. Enforcement Rule 208(g)(2) provides that expenses taxable by the Board pursuant to § 89.205(b) (relating to informal admonition, private reprimand or public reprimand following formal hearing) shall be prescribed by these rules. See also § 89.209 (relating to expenses of formal proceedings) and § 89.278 (relating to expenses of reinstatement proceedings).
(b) Enumeration of expenses. Taxable expenses under these rules shall include, but not be limited to, the following:
(1) court reporter fees and transcript costs;
(2) the fees and expenses of expert and other witnesses;
(3) the cost of serving subpoenas, pleadings and briefs;
(4) the charges by banks and other institutions for production of statements, checks and other records in response to subpoenas or otherwise;
(5) the cost of reproducing documents introduced or offered as evidence at hearings;
(6) the cost of reproducing pleadings and briefs; and
(7) the cost of publishing notices in the legal journal and a newspaper of general circulation as required by Enforcement Rule 217(f) (relating to publication of a notice of suspension, disbarment, temporary suspension, administrative suspension or transfer to disability inactive status) or § 89.274(b) (relating to publication of a notice of reinstatement hearing).
(c) Administrative fee. Enforcement Rule 208(g)(3) provides that in addition to the payment of any expenses under Enforcement Rule 208(g)(1) or (g)(2), a respondent-attorney shall pay upon the final order of discipline an administrative fee, pursuant to the schedule set forth in the rule.
(d) Assessed Penalties on Unpaid Taxed Expenses and Administrative Fees.
(1) Failure to pay taxed expenses within thirty days of the assessment becoming final in accordance with subdivisions (g)(1) and (g)(2) of Enforcement Rule 208 and subdivision (f)(3) of Enforcement Rule 218, and/or failure to pay administrative fees assessed in accordance with subdivision (g)(3) of Enforcement Rule 208 within thirty days of notice transmitted to the respondent-attorney shall result in the assessment of a penalty, levied monthly at the rate of 0.8% of the unpaid principal balance, or such other rate as established by the Supreme Court of Pennsylvania, from time to time.
(2) Monthly penalties shall not be retroactively assessed against unpaid balances existing prior to the enactment of the rule; monthly penalties shall be assessed against these unpaid balances prospectively, starting 30 days after the effective date of the rule.
(3) The Disciplinary Board for good cause shown, may reduce the penalty or waive it in its entirety.
(4) The Board shall charge a collection fee for any payment that has been returned to the Board unpaid.
Source The provisions of this § 93.111 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1244; amended July 8, 1988, effective July 9, 1988, 18 Pa.B. 3036; amended December 1, 2006, effective December 2, 2006, 36 Pa.B. 7233; amended August 10, 2012, effective August 11, 2012, 42 Pa.B. 5156; amended January 30, 2015, effective March 2, 2015, 45 Pa.B. 544; amended June 2, 2017, effective June 3, 2017, 47 Pa.B. 3075; amended February 1, 2019, effective 30 days after publication, 49 Pa.B. 443; amended May 3, 2019, effective May 4, 2019, 49 Pa.B. 2216; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552; amended May 8, 2020, effective 30 days after publication, 50 Pa.B. 2388; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (411875) and (401579).
§ 93.112. Failure to pay taxed expenses.
(a) Action by Board. Enforcement Rule 208(g)(4) provides that where the respondent-attorney fails to pay taxed expenses and administrative fees within 30 days after the date of the entry of the order taxing such expenses in cases other than a suspension that is not stayed in its entirety or disbarment, the Board shall:
(1) Transmit by certified mail, return receipt requested, to the attorney who fails to pay any taxed expenses under § 89.205(b) (relating to taxation of expenses), or § 89.209 (relating to expenses of formal proceedings), addressed to the last known address of the attorney, a notice stating:
(i) that unless the attorney shall pay all such expenses within 30 days after the date of the notice, such failure to pay will be deemed a request to be administratively suspended, and at the end of such period the name of the attorney will be certified to the Supreme Court, which will enter an order administratively suspending the attorney; and
(ii) that upon entry of the order of administrative suspension, the attorney shall comply with Chapter 91 Subchapter E (relating to formerly admitted attorneys).
A copy of Enforcement Rule 217 (relating to formerly admitted attorneys) shall be enclosed with the notice.
(2) Certify to the Supreme Court the name of the attorney who has failed to comply with the notice issued pursuant to paragraph (a)(1) of this section within the 30-day period provided therein.
(b) Action by Supreme Court. Enforcement Rule 219(g) provides that upon certification to the Supreme Court of the name of any attorney pursuant to paragraph (a)(2) of this section, the Court shall enter an order administratively suspending the attorney.
Source The provisions of this § 93.112 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1244; amended October 12, 1984, effective October 13, 1984, 14 Pa.B. 3749; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. 2368; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended June 2, 2017, effective June 3, 2017, 47 Pa.B. 3075; 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 (401579) to (401580).
EXPENSES GENERALLY
§ 93.121. Expenses.
General. Enforcement Rule 401 provides that the salaries of Disciplinary Board employees, their expenses, administrative costs, expenses of the members of the Board and of hearing committees, and expenses and compensation, if any, of special masters shall be paid by the Board out of the funds collected under the provisions of § 93.141 et seq. (relating to annual registration and assessment. administrative suspension. administrative changes in status.) and § § 89.205(b), 89.209, and 89.278 (relating to costs and fees).
Source The provisions of this § 93.121 amended April 13, 1990, effective April 14, 1990, 20 Pa.B. 2009; amended November 15, 1991, effective November 16, 1991, 21 Pa.B. 5325; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 6864; 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 (401580) and (410985).
§ 93.122. Audit.
Enforcement Rule 401 provides that the Board shall annually obtain an independent audit by a certified public accountant of the funds entrusted to it and their disposition and shall file a copy of such audit with the Supreme Court.
§ 93.123. Fiscal Year.
The fiscal year of the Board shall commence July 1 of each year.
ANNUAL REGISTRATION AND ASSESSMENT. ADMINISTRATIVE SUSPENSION. ADMINISTRATIVE CHANGES IN STATUS.
§ 93.141. Annual registration.
(a) Annual registration period. Enforcement Rule 219(a) provides that the annual registration period shall run from July 1 to June 30. On or before May 15 of each year, the Attorney Registration Office shall transmit an electronic notice to register and pay the annual assessment by July 1. Failure to receive notice shall not excuse the filing of the annual registration form and payment of the annual assessment.
(b) Attorneys required to register. Enforcement Rule 219(a)(1) provides that attorneys on the following license statuses are required to register annually:
(1) Active status.
(2) Attorneys holding the following limited licenses:
(i) Foreign legal consultant;
(ii) Limited In-House Corporate Counsel;
(iii) Attorney participant in defender or legal services programs; and
(iv) Attorney spouse of an active-duty service member.
(3) Inactive status.
(c) Exemptions. Enforcement Rule 219(a)(2) provides that attorneys on the following license statuses shall be exempt from annual registration:
(1) Judge status;
(2) Retired status;
(3) Emeritus status, except that such attorneys shall be governed by the renewal provisions of Enforcement Rule 403(g); and
(4) Military attorney status.
(d) Annual assessment. Enforcement Rule 219(b) provides that all attorneys required to register shall pay an annual assessment as set forth in that rule. Payment of the annual assessment shall be made by credit or debit card or by check or money order drawn on a U.S. financial institution in U.S. dollars using a printable, mail-in voucher. Payment shall not be made using an IOLTA, trust, escrow, or other fiduciary account. The annual assessment is apportioned among the Board, the Pennsylvania Lawyers Fund for Client Security, and the Pennsylvania Interest on Lawyers Trust Accounts Board as directed by the Court.
(e) Financial hardship waiver. Enforcement Rule 219(b) provides that an attorney may apply to the Board for a waiver of the annual assessment on the basis of financial hardship by submitting a waiver application and required documentation to the Attorney Registration Office by July 1. Financial hardship shall be determined by reference to the federal poverty guidelines.
Note
The grant of a waiver under this subdivision (e) shall include waiver of the total annual assessment, which includes the amounts apportioned to the Pennsylvania Lawyers Fund for Client Security and the Pennsylvania Interest on Lawyers Trust Accounts Board.
Source The provisions of this § 93.141 amended through May 4, 1984, effective May 5, 1984, with respect to assessment years commencing July 1, 1984 and thereafter, 14 Pa.B. 1547; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 4448; amended November 15, 1991, effective November 16, 1991, with respect to assessment years commencing July 1, 1991 and thereafter, 21 Pa.B. 5325; amended April 12, 2002, effective April 13, 2002, 32 Pa.B. 1838; amended August 5, 2005, effective September 1, 2005, 35 Pa.B. 4301; amended May 29, 2009, effective May 30, 2009, 39 Pa.B. 2687; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended August 5, 2011, effective August 6, 2011, 41 Pa.B. 4202; 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 May 5, 2017, effective May 6, 2017, 47 Pa.B. 2539; amended November 9, 2018, effective 30 days after publication, 48 Pa.B. 7111; amended May 3, 2019, effective May 4, 2019, 49 Pa.B. 2215; amended February 12, 2021, effective 30 days after publication, 51 Pa.B. 781; amended August 12, 2022, effective 30 days after publication, 52 Pa.B. 4915; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (410985) to (410986).
§ 93.142. Filing of annual registration form.
(a) Filing of annual registration form. Enforcement Rule 219(c) provides that on or before July 1 of each year all attorneys required by the rule to register shall electronically file with the Attorney Registration Office a registration form. Upon an attorney’s written request and for good cause shown, the Attorney Registration Office shall grant an exemption from the electronic filing requirement and provide a paper registration form to the attorney for filing.
(1) The attorney shall provide the following information on the form:
(i) The attorney’s current license status in this Commonwealth and all other state, federal, and foreign courts and jurisdictions in which the attorney is or has ever been licensed to practice law.
(ii) The attorney’s contact information, which shall specify information accessible to the public. Upon an attorney’s written request and for good cause shown, the contact information will not be accessible to the public.
(iii) The financial accounts and information identified in § 91.180(b) (relating to reporting of fiduciary and operating accounts on annual registration form).
(iv) A statement that:
(A) the attorney is familiar and in compliance with Rule 1.15 of the Pennsylvania Rules of Professional Conduct regarding the handling of funds and other property of clients and others and the maintenance of IOLTA accounts;
(B) the attorney’s Trust Accounts comply with Enforcement Rule 221(h) regarding the mandatory reporting of overdrafts on fiduciary accounts; and
(C) the attorney has reported all of the financial accounts and information identified in Enforcement Rule 221(q).
(v) A statement that any action brought against the attorney by the Pennsylvania Lawyers Fund for Client Security for the recovery of monies paid by the Fund as a result of claims against the attorney may be brought in the Court of Common Pleas of Allegheny, Dauphin or Philadelphia County.
(vi) Whether the attorney is covered by professional liability insurance on the date of registration in the minimum amounts set forth in Rule of Professional Conduct 1.4(c); a covered attorney shall identify the insurance carrier.
(vii) Such other information as the Board may from time to time direct.
(2) Enforcement Rule 219(e) provides that the annual registration requirement is not satisfied if the registration form is incomplete, if the payment is incomplete, or if payment of the annual assessment has been returned to the Board unpaid. If the annual registration form, voucher or payment is incomplete or if a payment of the annual assessment has been returned to the Board unpaid, the annual assessment shall not be deemed to have been paid until a collection fee of $25 shall also have been paid. Registration is deemed complete upon receipt of the completed registration form, satisfactory payment of the annual assessment, and payment of any penalties or fees assessed under Enforcement Rule 219(f).
(3) Every attorney who has filed the form shall notify the Attorney Registration Office in writing of any change in the information previously submitted relating to license status in other jurisdictions, contact information, and professional liability insurance, within 30 days after such change, which notice shall be sent by mail or facsimile transmission, provided, however, that any change in the information required by Enforcement Rule 221(q) (relating to financial account information) that occurs after the filing of the form need only be reported on the next regular annual registration form due July 1. Failure to timely register and file the next annual registration form shall not excuse the requirement of reporting changes in financial account information on an annual basis on or before July 1, and failure to make such a report shall constitute a violation of Enforcement Rule 219.
(4) Submission of the annual registration form through electronic means signifies the attorney’s intent to sign the form. By submitting the form electronically, the attorney certifies that the electronic filing is true and correct.
Source The provisions of this § 93.142 amended through May 4, 1984, effective May 5, 1984, 14 Pa.B. 1547; amended March 1, 1991, effective March 2, 1991, 21 Pa.B. 827; amended September 11, 1992, effective September 12, 1992, with respect to assessment years commencing on and after July 1, 1992 and thereafter, 22 Pa.B. 4624; amended June 11, 1993, subsection (b)(1)(ii) is effective with respect to assessment years commencing on and after July 1, 1993 and thereafter, 23 Pa.B. 2729; amended November 3, 1995, effective November 4, 1995, 25 Pa.B. 4696; amended April 4, 1997, effective April 5, 1997, amendments to subsection (b) are applicable to 1997-1998 assessment year, 27 Pa.B. 1643; amended July 30, 1999, effective July 31, 1999, 29 Pa.B. 4053; amended August 5, 2005, effective August 6, 2005, 35 Pa.B. 4301; amended April 18, 2008, effective April 19, 2008, 38 Pa.B. 1812; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended August 5, 2011, effective August 6, 2011, 41 Pa.B. 4202; amended November 2, 2012, effective November 3, 2012, 42 Pa.B. 6864; amended January 30, 2015, effective March 2, 2015, relating to filing of annual form by attorneys shall be applicable beginning with the 2015-2016 assessment year, 45 Pa.B. 544; 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. 647; 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 pages (410986) and (400495) to (400497).
§ 93.143. Issue of certificate as evidence of compliance.
Enforcement Rule 219(d) provides that the Attorney Registration Office shall issue a license card or certificate to attorneys on active status and to attorneys holding limited licenses under § 93.141(b)(2) as acknowledgement of an attorney’s completion of registration and payment of the required annual assessment.
Source The provisions of this § 93.143 amended March 6, 1981, effective March 7, 1981, 11 Pa.B. 782; amended August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; amended December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (400497) to (400498).
§ 93.144. Administrative suspension.
(a) Failure to comply with annual registration. Subdivisions (f) and (g)(1) of Enforcement Rule 219 provide that when any attorney fails to complete the registration required by § § 93.141 and 93.142 by July 16, the Attorney Registration Office shall:
(1) automatically assess against the attorney a $200 late payment penalty established by the Board that cannot be waived;
(2) automatically add to the delinquent account of any attorney who has failed to complete registration by August 1, a second $200 late payment penalty established by the Board that cannot be waived; and
(3) after August 1, certify to the Supreme Court the name of every attorney who has failed to comply with the registration and payment requirements of § § 93.141 and 93.142 of these rules.
For purposes of assessing the late payment penalties prescribed by this section, registration shall not be deemed to be complete until the Attorney Registration Office receives a completed annual registration form and satisfactory payment of the annual assessment and of all outstanding collection fees and late payment penalties. If payment of the delinquency has been returned to the Board unpaid, a collection fee, as established by the Board under § 93.142(a)(2) of these rules, shall be added to the attorney’s delinquent account and registration shall not be deemed to be complete until the delinquent account has been paid in full.
(b) Failure to comply with Pennsylvania Rules of Continuing Legal Education requirements. Pursuant to Enforcement Rule 219(g)(2), and as set forth in Pa.R.C.L.E. 111(b), the Pennsylvania Continuing Legal Education Board shall report to the Court the name of every attorney who has failed to comply with the Pennsylvania Rules for Continuing Legal Education.
(c) Failure to comply with Enforcement Rule 208(g) (relating to costs and fees). Pursuant to Enforcement Rule 219(g)(3), the Board shall certify to the Court the name of every attorney who has failed to pay taxed expenses and administrative fees in cases other than a suspension that is not stayed in its entirety or disbarment.
(d) Action by the Supreme Court. Upon receipt of certification of the name of any attorney pursuant to paragraph (a), (b), or (c) of this section, the Supreme Court shall enter an order administratively suspending the attorney and directing that the attorney comply with the provisions of Enforcement Rule 217 (relating to formerly admitted attorneys).
(e) Action by the Attorney Registration Office. Upon the Supreme Court’s entry of an order of administrative suspension as provided in paragraph (d) of this section, the Attorney Registration Office shall transmit by certified mail, addressed to the last known mailing address of the attorney, or by electronic means, the order of administrative suspension and a notice that the attorney shall comply with Enforcement Rule 217 (relating to formerly admitted attorneys).
Source The provisions of this § 93.144 amended through July 8, 1983, effective July 9, 1983, with respect to assessment years commencing July 1, 1983 and thereafter, 13 Pa.B. 2138; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. 2368; 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 May 3, 2019, effective May 4, 2019, 49 Pa.B. 2216; 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 (400498).
§ 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).
§ 93.146. Administrative change to inactive or retired status.
(a) Active status to inactive status. Enforcement Rule 219(i)(1) provides that an attorney on active status seeking to assume inactive status during a time outside the annual attorney registration period shall submit a request for inactive status form to the Attorney Registration Office.
(b) Active or inactive status to retired status. Enforcement Rule 219(i)(2) provides that an attorney on active or inactive status seeking to assume retired status during a time outside the annual attorney registration period shall submit a request for retired status form to the Attorney Registration Office.
(c) Administrative suspension to inactive status. Enforcement Rule 219(i)(3) provides that a formerly admitted attorney seeking to resume inactive status after transfer to administrative suspension from inactive status shall submit to the Attorney Registration Office:
(1) a form available through the Attorney Registration Office;
(2) a verified statement that complies with Enforcement Rule 217(e)(1) and also demonstrates continued compliance with Enforcement Rule 217 during the term of administrative suspension; and
(3) payment of any of the following as applicable:
(i) the inactive annual assessment for the year in which the request for inactive status is made;
(ii) the inactive annual assessment that was due in the year in which the attorney was administratively suspended;
(iii) late payment penalties;
(iv) a collection fee;
(v) payment of any outstanding costs and fees under Enforcement Rule 208(g);
(vi) an administrative fee of $100.
(d) Administrative suspension to retired status. Enforcement Rule 219(i)(4) provides that a formerly admitted attorney seeking retired status after transfer to administrative suspension shall submit to the Attorney Registration Office:
(1) a form available through the Attorney Registration Office;
(2) a verified statement that complies with Enforcement Rule 217(e)(1) and also demonstrates continued compliance with Enforcement Rule 217 during the term of administrative suspension;
(3) payment of any outstanding costs and fees under Enforcement Rule 208(g); and
(4) an administrative fee of $100.
A formerly admitted attorney retired under this paragraph (d) who seeks to resume active status where a petition for reinstatement is not required shall pay all outstanding arrears assessed and satisfy all deficiencies in connection with the transfer to administrative suspension.
Source The provisions of this § 93.146 amended July 8, 1983, effective July 9, 1983, with respect to assessment years commencing July 1, 1983, and thereafter, 13 Pa.B. 2138; amended September 11, 1992, effective September 12, 1992, with respect to assessment years commencing July 1, 1992 and thereafter, 22 Pa.B. 4624; amended April 12, 2002, effective April 13, 2003, 32 Pa.B. 1838; amended May 19, 2006, effective May 20, 2006, 36 Pa.B. 2368; 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 May 5, 2017, effective May 6, 2017, 47 Pa.B. 2539; amended September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552; amended November 18, 2019, 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 pages (400500) to (400501).
§ 93.147. Public notice of administrative suspension.
Public notice of such administrative suspension shall clearly state that suspension was ordered for failure to file the required annual registration form and pay the required annual assessment, to comply with § 93.112 (relating to failure to pay taxed expenses), or to comply with the Rules and Regulations of the Continuing Legal Education Board.
Source The provisions of this § 93.147 amended July 8, 1983, effective July 9, 1983, with respect to assessment years commencing July 1, 1983 and thereafter, 13 Pa.B. 2138; 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 December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (358115) to (400502).
§ 93.148. [Reserved].
Source The provisions of this § 93.148 reserved July 8, 1983, effective July 9, 1983, with respect to assessment years commending July 1, 1983 and thereafter, 13 Pa.B. 2138; adopted and § 93.148 reused 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 August 17, 2018, effective 30 days after publication, 48 Pa.B. 4956; amended November 18, 2019, effective 30 days after publication, 50 Pa.B. 648; deleted December 15, 2023, effective 30 days after publication, 53 Pa.B. 7704. Immediately preceding text appears at serial pages (400502) to (400503).
§ 93.149. [Reserved].
Source The provisions of this § 93.148 added August 7, 2009, effective August 8, 2009, 39 Pa.B. 4725; renumbered as § 93.149 and reserved 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; reserved September 27, 2019, effective 30 days after publication, 49 Pa.B. 5552. Immediately preceding text appears at serial pages (393642) to (393643).
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