Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part IV - ADMISSION TO PRACTICE LAW › Chapter 71 - PENNSYLVANIA BAR ADMISSION RULES › Subchapter B - ADMISSION TO THE BAR GENERALLY › PROCEEDINGS BEFORE BOARD › Rule 213 - Hearings before the Board

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule.
If, upon an initial review of an application
					 filed under these rules and of any other related information available to the
					 Board, the Board, through the Executive Director, finds that the applicant does
					 not appear to possess the fitness and general qualifications (other than
					 scholastic) requisite for a member of the bar of the Commonwealth, the
					 Executive Director shall forthwith give the applicant notice of such finding in
					 the manner prescribed by Board rule, and of the right of the applicant to
					 request in writing, within thirty (30) days of the denial, a hearing before the
					 Board.
(b)
Hearing.
Within 30 days after receipt of the request of an
					 applicant for a hearing under this Rule the Board shall hold a hearing at which
					 the applicant shall be present. The applicant may be represented by counsel at
					 the hearing. The Board shall not be bound by the formal rules of evidence and
					 such relevant evidence may be introduced at the hearing as may be necessary for
					 the Board to make a final determination upon the application. The burden of
					 proof shall be on the applicant to establish that he or she possesses the
					 character, fitness and general qualifications that are compatible with the
					 standards expected to be observed by a member of the Bar of this Commonwealth.
					 The applicant may call and examine witnesses, cross-examine adverse witnesses
					 and present such evidence as is relevant to the issue before the Board. At any
					 such hearing the applicant and his or her counsel shall be permitted to inspect
					 such portion of the record of the applicant bearing upon the issues before the
					 Board as does not constitute confidential information. A stenographic or other
					 verbatim record shall be made of any such hearing, but hearings before the
					 Board shall not be open to the public. The Board shall have the power to issue
					 subpoenas for the attendance of witnesses and for the production of documentary
					 evidence at the hearing.
(c)
Remote Hearing;
Remote Testimony. The Board may, at its own
					 instance or upon request of an applicant, conduct a hearing under subsection
					 (b) via telephone or other method of advanced communication technology
					 (''ACT''). The Board likewise may, in its discretion, allow a witness to
					 testify via ACT. Any witness testifying via ACT must provide valid,
					 government-issued photo identification to the Board office in advance of the
					 witness's testimony. At least three business days in advance of a remote
					 hearing, the applicant shall provide to the Board the names of all witnesses,
					 and copies of any documents or exhibits that the applicant intends to present
					 at the hearing and which are not already part of the Board's record. Documents
					 and exhibits shall be transmitted electronically via the Board's secure website
					 unless otherwise directed by the Board. If an applicant is unable to provide
					 such documents or exhibits in advance of the hearing, the Board may, in its
					 discretion, hold the record open and grant an applicant additional time to
					 provide such documents or exhibits. Notice of the technology requirements for
					 the remote hearing, along with instructions for counsel regarding use of the
					 technology in the course of the hearing, shall be posted on the Board's website
					 and included when giving notice of a remote hearing. An applicant is
					 responsible for complying with the technology requirements and for being
					 familiar with their use.