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204 Pa. Code § 87.51. Notification of disposition of complaint.

§ 87.51. Notification of disposition of complaint.

 (a)  General rule. Upon completion of the procedures prescribed by Subchapter B (relating to review of recommended disposition of complaint), the Executive Office or the Office of Disciplinary Counsel, as appropriate, shall:

   (1)  Notify in writing the complainant, as to the final disposition of each disciplinary matter promptly after the matter has been concluded, notwithstanding provisions elsewhere in these Rules relating to confidentiality. Such notice shall specify whether the matter has been dismissed, or whether the matter has resulted in the imposition of a disciplinary sanction, and if so, a description of the sanction imposed. Unless the sanction imposed is public as provided pursuant to the Enforcement Rules and these Rules, the complainant shall be notified that all records and proceedings shall be private and confidential and shall not be subject to production in any later proceedings before any tribunal except future disciplinary proceedings involving the respondent-attorney before the Board or the Court where such prior proceedings may be relevant.

   (2)  Unless the disposition involves the institution of formal proceedings, notify the respondent-attorney:

     (i)   that the complaint has been dismissed; or

     (ii)   that the respondent-attorney shall appear in person before the Chief Disciplinary Counsel for the purpose of receiving an informal admonition or before the Board for the purpose of receiving a private or public reprimand. The respondent-attorney shall also be notified of the place and date to appear. The date fixed shall be not earlier than 20 days after the date of the notice to the respondent-attorney of the disposition of the complaint.

 (b)  Contents of notice.

   (1)  The notice to appear for public reprimand shall be on Form DB-12.2(IP) (Notice to Appear for Public Reprimand Following Informal Proceedings) and shall contain the statement required by §  89.205(c)(1) (relating to notice to appear).

   (2)  The notice to appear for private reprimand shall be on Form DB-12(IP) (Notice to Appear for Private Reprimand Following Informal Proceedings) and shall contain the statement required by §  89.205(c)(2) (relating to notice to appear).

   (3)  The notice to appear for informal admonition shall be given by the Office of Disciplinary Counsel on Form DB-12.1(IP) (Notice to Appear for Informal Admonition Following Informal Proceedings) and shall contain the statement required by §  89.205(c)(3) (relating to notice to appear).

   (4)  The notice to appear for informal admonition or private reprimand shall advise the respondent-attorney of:

     (i)   The right of the respondent-attorney under §  87.54 (relating to demand by respondent-attorney for formal proceedings) to demand the institution of formal proceedings.

     (ii)   The limited availability of the record of informal admonition or private reprimand under §  93.104(d) (relating to restrictions on available information).

   (5)  The notice to appear for public reprimand shall advise the respondent-attorney of the right of the respondent-attorney under §  87.54 (relating to demand by respondent-attorney for formal proceedings) to demand the institution of formal proceedings.

Source

   The provisions of this §  87.51 amended May 4, 1984, effective May 5, 1984, 14 Pa.B. 1547; amended March 10, 1989, effective March 11, 1989, 19 Pa.B. 952; amended October 13, 1989, effective October 14, 1989, 19 Pa.B. 4449; amended December 7, 1990, effective immediately, 20 Pa.B. 6042; amended February 24, 2006, effective immediately, 36 Pa.B. 929; amended August 11, 2012, effective immediately, 42 Pa.B. 5156; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552; amended April 29, 2022, effective in 30 days from date of publication, 52 Pa.B. 2581. Immediately preceding text appears at serial pages (397808) to (397809).


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