Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part II - GENERAL ADMINISTRATION › Chapter 27 - PENNSYLVANIA RULES FOR CONTINUING JUDICIAL EDUCATION › Rule 605 - Hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Requests for hearings
. All requests for hearings shall be
				addressed to the Board c/o The Administrative Office of Pennsylvania Courts,
				Department of Judicial Education, 601 Commonwealth Avenue, Harrisburg,
				Pennsylvania 17106. All matters shall be heard by the Board, unless in the
				discretion of the Board Chair, the matter should proceed as otherwise provided
				in this rule.
(b) In the discretion
				of the Board's Chair, a matter initially may be assigned to a Board member or
				panel of Board members for decision. If the hearing is conducted by more than
				one (1) person, the Chair of the Board shall designate the person who will act
				as the presiding hearing officer. Within thirty (30) days after the hearing,
				the member or panel shall submit a recommendation to the Board.
(c) After receipt of the member or panel's
				recommendation, the Board shall review the matter based upon the existing
				record, or in its discretion, conduct such further proceedings as it deems
				appropriate, or review the matter
de novo
.
(d) At all hearings, the petitioner shall
				have the burden of proof of establishing compliance with these rules by a
				preponderance of the evidence. Counsel for the Department shall represent the
				Department it if chooses to participate in any proceeding.
(e) At the hearing, any party shall have the
				opportunity to call witnesses, examine and cross-examine witnesses, and to
				introduce such evidence as is relevant to the proceeding. Evidence shall be
				admitted by the Board, and as long as discretion is not abused, the Board shall
				not be restrained by technical Rules of Evidence.
(f) All hearings shall be confidential, and
				shall not be open to the public, except at the request of the judge. Witnesses
				shall be sworn and a complete electronic record or a transcript shall be made.
				The presiding hearing officer shall have authority to rule on all motions,
				objections, and other matters presented.
(g) In investigations and proceedings under
				these rules, the Board shall have power to issue subpoenas and cause testimony
				to be taken under oath before the Board or Board members. All subpoenas shall
				be issued in the name and under the seal of the Supreme Court and served as
				provided by the Rules of Civil Procedure. Fees and costs of the subpoenas shall
				be paid from the funds of the Board or taxed as costs, as determined by the
				Board.
(h) The member, panel, or
				Board, as the case may be, may order the testimony of a witness to be taken by
				deposition within or without this Commonwealth in the manner prescribed for the
				taking of depositions in the Rules of Civil Procedure and the depositions may
				be used to the same extent as permitted under those rules. Costs for the taking
				of a deposition shall be paid from the funds of the Board or taxed as costs, as
				determined by the Board.
(i) Within
				a reasonable time after the conclusion of a proceeding, the Board shall issue
				its decision. A copy of the Board's decision shall be promptly mailed to the
				judge by the Department.
(j) If a
				judge is deemed to be noncompliant, a request for a hearing shall not operate
				as a stay or supersedeas of any action taken by the Board with respect to the
				judge's noncompliance, unless upon application and good cause shown, the Board
				grants a stay or supersedeas of its action.
(k) A judge aggrieved by a Board decision may
				request reconsideration. There is no right to appeal provided under these
				rules.