204 Pa. Code § 89.181 - Abbreviated procedure
(a)
Scope. At the conclusion of the hearing, it may be obvious to
all participants that no showing of misconduct has been made or that there has
been adequate proof of a violation of 85.7 (relating to grounds for discipline)
and that some form of private discipline or a public reprimand would be
appropriate. In such circumstances the cost and delay of the preparation of a
formal transcript is unnecessary and the preparation of a detailed report as
provided by 89.172 (relating to contents of report) is an unnecessary and
time-consuming burden on the hearing committee and others. Where the
participants can stipulate to an acceptable determination the procedures of
this section minimize cost, effort and time for all participants. This section
may be applicable to combined reinstatement and disciplinary hearings conducted
before a hearing committee pursuant to 89.273(b)(4) (relating to combined
hearings in reinstatement matters where formal disciplinary proceedings are
then pending or have been authorized against the formerly admitted
attorney).
(b)
General
rule. The respondent-attorney and staff counsel in the manner provided
by subsection (c), may agree to waive the preparation of a transcript and the
filing of formal findings and recommendations. In such situations, unless the
Board directs otherwise, the committee may submit to the Board a summary
determination of the committee and stipulation of discipline.
(c)
Procedures.
(1) Immediately after the conclusion of the
hearing the members of the hearing committee shall, if practicable and if
neither the respondent-attorney nor staff counsel object to proceeding under
this section, temporarily recess the proceedings and meet in private to
determine whether a finding of misconduct should be made.
(2) The Committee shall immediately reconvene
the proceedings and announce their conclusion on the issue of
misconduct.
(3) If a violation of
85.7 has been found the hearing committee shall immediately:
(i) receive evidence pursuant to 89.151
(relating to separate consideration of evidence relevant to type of
discipline);
(ii) temporarily
recess the proceedings;
(iii) meet
in private to determine the type of discipline which the committee will
recommend to the Board; and
(iv)
reconvene the proceedings and announce the discipline which the committee will
recommend to the Board.
(4) Immediately after announcing that a
violation of 85.7 has not been found or the discipline that the committee will
recommend to the Board, as the case may be, the committee shall deliver to the
participants Form DB-43 (Hearing Committee Determination Under Abbreviated
Procedure) setting forth the summary determination of the committee. The
official reporter shall be directed by the hearing committee not to prepare a
transcript until receipt from the committee of specific instructions to do
so.
(5) The participants shall be
conclusively deemed to have accepted the summary determination of, and (if a
violation of 85.7 has been found) to have stipulated that the Board shall
impose the type of discipline recommended by, the committee unless either the
respondent-attorney or staff counsel shall, within five days after receipt of
the Form DB-43 as provided in paragraph (4), file a copy of such Form DB-43
with objections to the summary determination of the hearing committee indicated
thereon.
(6) If a timely objection
is made as provided in paragraph (5) the participants may file briefs, the
official reporter shall be directed to prepare a transcript and the hearing
committee shall submit to the Board formal findings and recommendations in the
manner and within the time otherwise provided by these rules.
(7) If no timely objection is made no briefs
shall be filed, no formal findings and recommendations shall be prepared by the
hearing committee and the official reporter shall not prepare a transcript. The
chair of the hearing committee shall, however, prepare and file a brief summary
of the case, in the form of a letter to the Board, which summary ordinarily
should not exceed two pages in length, and the record of the proceedings shall
forthwith be transmitted to the Board Prothonotary which shall serve upon the
respondent-attorney and staff counsel copies of the brief summary of the case
filed by the chair of the hearing committee.
(8) Thereafter the Board shall either:
(i) affirm the finding that no violation of
85.7 has been shown and dismiss the proceeding;
(ii) impose or cause to be imposed the type
of private discipline, stipulated by the participants;
(iii) impose the public reprimand, stipulated
by the participants; or
(iv) remand
the record to the hearing committee with instructions to fix a briefing
schedule and to proceed as provided in paragraph (6), if for any reason the
type of discipline stipulated by the parties is not accepted by the
Board.
(9) Where the
proceeding is disposed of as provided by paragraph (8)(i), (ii), or (iii), the
official reporter shall preserve the untranscribed notes or recording of
testimony in the manner and for the duration specified by the Executive
Office.
Notes
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