207 Pa. Code § M.C.R. 10 - Removal of Member from the Board

(1) Within ten days after it is learned that a member of the Board has breached the confidentiality of the Board or violated any other provisions of these rules, written charges against such member shall be prepared and signed by Chief Counsel and filed with the Board. Within five days after receipt of charges, the Board shall determine, by majority vote of the remaining members, whether there is probable cause for removal. If the determination is in the affirmative, a written statement specifying the charges in detail shall be forwarded to the accused member within five days by certified mail. Within ten days after receipt of the statement of charges, the member shall notify the Board in writing whether a hearing is desired on the charges. The failure of the member to notify the Board of his desire to have a hearing within such period of time shall be deemed a waiver of the right to a hearing. If the hearing has been waived, the Board shall proceed, within ten days after such waiver, by a vote of eight members of the Board, to determine whether the member shall be removed.

(2) Upon receipt of a request for a hearing, the Board shall schedule a hearing, to be held at the Board offices, within twenty days after receipt of the request therefor, and shall immediately notify in writing the member of the time and place thereof.

(3) The Board shall have the power to establish necessary rules and procedures for the conduct of hearings under this section. Such rules shall not require compliance with technical rules of evidence. Each hearing shall be conducted by the Chairman of the Board. The member shall have a reasonable opportunity to defend and testify on his or her own behalf. The member shall also have the right to be represented by counsel, to subpoena witnesses and to cross-examine witnesses. All testimony taken shall be under oath which the Chairman of the panel is hereby authorized to administer. A record of the proceedings shall be made and a copy of the transcript of the hearing shall, upon written request, be furnished without charge to the member involved.

(4) At the conclusion of the hearing a vote shall be taken. Removal shall become effective immediately where a vote of eight members indicates that the accused member has engaged in conduct justifying removal.

(5) All proceedings involving the removal of a member shall remain confidential. If a member is removed, the fact of removal shall become public and the authority appointing that member shall be notified a vacancy exists.

Notes

207 Pa. Code § M.C.R. 10