207 Pa. Code Rule 12.0. Exigent Circumstances.

Rule 12.0. Exigent Circumstances.

Under Rule 201 (Standards and Timing for Requests), a Judicial Officer may submit a Request to the Board in writing at least 14 days prior to the event or action giving rise to the question. The Chairperson may waive this requirement for good cause shown if exigent circumstances exist and a Panel can responsibly and meaningfully address the Request in the time available. In those instances, the following procedures shall apply:
   12.1. Exigent Intake.
An inquiring Judicial Officer may initiate a Request by contacting Staff by telephone at 717-705-1785, by email to JEAB@pacourts.us, or by the most expedient means available to the Judicial Officer. The Request should include all information required under these Regulations. If the Judicial Officer relays the information orally, the Judicial Officer shall immediately commit the Request to writing directed to Staff. The inquiring Judicial Officer’s failure to reduce the Request to writing shall preclude the Board from issuing an Advice.
   12.2. Exigent Panel Assignment.
Upon receiving an exigent Request, Staff shall docket the Request, assign the Request a number as provided for under Section 10.0 of these Regulations, and forward the Request to a Panel for an Advisory Opinion.
   12.3. Exigent Advice.
Unless the Panel declines to issue an Advisory Opinion because it cannot responsibly and meaningfully provide an Advice (which decision shall be immediately communicated to the Judicial Officer), the Panel shall expeditiously proceed to render an Advice that shall be communicated by Staff to the Judicial Officer. Where the Panel Advice is initially communicated orally, the Panel shall promptly commit the Advice to writing, and Staff shall promptly Serve the written Advice on the Judicial Officer.
   12.4. Exigent Board Consideration.
Once the Panel issues a written Advice, the Board shall then consider the Advice as provided for under Sections 8.10 through 8.13 of these Regulations.

Source

   The provisions of this Rule 12.0 amended February 28, 2024, effective immediately, 54 Pa.B. 1297. Immediately preceding text appears at serial pages (410571) to (410572).

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