PENNSYLVANIA BULLETIN Volume 30 Number 52 Saturday, December 23, 2000 Harrisburg, Pa. Pages 6529 6870 See Part II page 6685 for the Environmental Quality Board s Municipal Waste Regulations; and Part III page 6853 for the Department of Health s WIC Program Regulations Part I Agencies in this issue: The Courts Department of Agriculture Department of Banking Department of Community and Economic Development Department of Environmental Protection Department of General Services Department of Health Department of Labor and Industry Department of Public Welfare Department of Revenue Department of Transportation Environmental Quality Board Executive Board Fish and Boat Commission Independent Regulatory Review Commission Insurance Department Pennsylvania Public Utility Commission Securities Commission State Board of Education Turnpike Commission Detailed list of contents appears inside. PRINTED ON 100% RECYCLED PAPER
Latest Pennsylvania Code Reporter (Master Transmittal Sheet): No. 313, December 2000 PENNSYLVANIA Postmaster send address changes to: FRY COMMUNICATIONS Attn: Pennsylvania Bulletin 800 W. Church Rd. Mechanicsburg, Pennsylvania 17055-3198 (717) 766-0211 ext. 2340 (800) 334-1429 ext. 2340 (toll free, out-of-state) (800) 524-3232 ext. 2340 (toll free, in State) BULLETIN (ISSN 0162-2137) published weekly by Fry Communications, Inc. for the Commonwealth of Pennsylvania, Legislative Reference Bureau, 647 Main Capitol Building, State & Third Streets, Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Commonwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscriptions and individual copies should be made payable to Fry Communications, Inc. Periodicals postage paid at Harrisburg, Pennsylvania. Orders for subscriptions and other circulation matters should be sent to: Fry Communications, Inc. Attn: Pennsylvania Bulletin 800 W. Church Rd. Mechanicsburg, PA 17055-3198 Copyright 2000 Commonwealth of Pennsylvania ISBN 0-8182-0004-9 Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198.
THE COURTS ALLEGHENY COUNTY Allegheny County Common Pleas Rules Orphans court rules...6549 CIVIL PROCEDURE RULES Promulgation of new rule 1036 governing dismissal upon affidavit of noninvolvement; no. 344; civil procedural rules doc. no. 5...6544 Amendments to the rules relating to domestic relations matters; recommendation 56... 6544 CRIMINAL PROCEDURE RULES Order amending rules 1117; no. 267; criminal procedural rules; doc. no. 2... 6546 JUDICIAL CONDUCT Court of Judicial Discipline Amendment to the rules of procedure of the Court of Judicial Discipline; doc. no. 1 JD 94... 6542 JUDICIAL SYSTEM GENERAL PROVISIONS Adoption of Code of Civility; no. 258; Supreme Court rules doc. no. 1... 6541 Amendment of rule 217 of the Pennsylvania Rules of Disciplinary Enforcement; no. 10 disciplinary rules doc no. 1... 6540 LOCAL COURT RULES Carbon County Adoption of new local rules of criminal procedure and revocation of all old local rules of criminal procedure...6573 MINOR COURT CIVIL RULES Proposed amendments concerning default judgment prohibited in actions for the recovery of possession of real property...6547 PHILADELPHIA RULES Philadelphia County Scheduling civil trials involving State prisoners; administrative doc. 02 of 2000... 6529 EXECUTIVE AGENCIES DEPARTMENT OF AGRICULTURE Notices Order of quarantine; Plum Pox Virus... 6608 Plum Pox Virus Commercial Orchard Fruit Tree Indemnity Program...6608 DEPARTMENT OF BANKING Notices Action on applications...6609 Election by Fidelity Savings Bank to exercise conditional powers...6610 Maximum lawful rate of interest for residential mortgages for the month of January 2001...6610 Contents 6531 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT Notices Emergency shelter grant program... 6611 DEPARTMENT OF ENVIRONMENTAL PROTECTION Notices Applications, actions and special notices... 6612 Proposed draft Great Lakes Annex 2001; public information meeting...6650 DEPARTMENT OF GENERAL SERVICES Notices Contract awards...6682 State contracts information...6674 DEPARTMENT OF HEALTH Rules and Regulations Supplemental nutrition program for women, infants and children (WIC program) (Part III)... 6853 Notices Human Immunodeficiency Virus (HIV) Community Prevention Planning Committee; public meetings...6650 Notice of requests for exceptions for long-term care nursing facilities...6650 Special supplemental nutrition program for women, infants and children (WIC program)... 6651 DEPARTMENT OF LABOR AND INDUSTRY Notices Unemployment compensation benefit rate table...6651 DEPARTMENT OF PUBLIC WELFARE Notices Medical Assistance Program fee schedule revisions; 1999/2000 HCPCS updates...6660 DEPARTMENT OF REVENUE Notices Realty Transfer Tax; revised 1999 common level ratio real estate valuation factor...6662 DEPARTMENT OF TRANSPORTATION Notices Finding...6663 ENVIRONMENTAL QUALITY BOARD Rules and Regulations Municipal waste (Part II)... 6685 Universal waste rule; mercury-containing devices.. 6587 EXECUTIVE BOARD Statements of Policy Reorganization of the Office of Administration...6606 FISH AND BOAT COMMISSION Notices Consideration of change to Wilderness Trout Stream designation...6663 Now Available Online at http://www.pabulletin.com
6532 INDEPENDENT REGULATORY REVIEW COMMISSION Notices Notice of comments issued...6663 INSURANCE DEPARTMENT Proposed Rulemaking Underground Storage Tank Indemnification Fund... 6593 Notices Aetna U.S. Healthcare; rate filing... 6664 Review procedure hearings; cancellation or refusal of insurance...6664 Review procedure hearings under the Unfair Insurance Practices Act...6665 Workers Compensation Security Fund assessment.. 6665 PENNSYVANIA PUBLIC UTILITY COMMISSION Notices Certificate of public convenience...6666 Service of notice of motor carrier applications...6666 Telecommunications (3 documents)... 6667, 6668 Transfer by sale (5 documents)... 6668, 6669 Water service (2 documents)... 6669 SECURITIES COMMISSION Notices Compliance notice to the viatical industry...6670 Designation of an investment advisor registration depository...6671 STATE BOARD OF EDUCATION Notices Schedule of meetings...6672 TURNPIKE COMMISSION Notices Retention of two engineering or environmental firms...6672
6533 READER S GUIDE TO THE PENNSYLVANIA BULLETIN AND PENNSYLVANIA CODE Pennsylvania Bulletin The Pennsylvania Bulletin is the official gazette of the Commonwealth of Pennsylvania. It is published every week and includes a table of contents. A cumulative subject matter index is published quarterly. The Pennsylvania Bulletin serves several purposes. First, it is the temporary supplement to the Pennsylvania Code, which is the official codification of agency rules and regulations and other statutorily authorized documents. Changes in the codified text, whether by adoption, amendment, repeal or emergency action must be published in the Pennsylvania Bulletin. Further, agencies proposing changes to the codified text do so in the Pennsylvania Bulletin. Second, the Pennsylvania Bulletin also publishes: Governor s Executive Orders; State Contract Notices; Summaries of Enacted Statutes; Statewide and Local Court Rules; Attorney General Opinions; Motor Carrier Applications before the Public Utility Commission; Applications and Actions before the Department of Environmental Protection; Orders of the Independent Regulatory Review Commission; and other documents authorized by law. The text of certain documents published in the Pennsylvania Bulletin is the only valid and enforceable text. Courts are required to take judicial notice of the Pennsylvania Bulletin. Adoption, Amendment or Repeal of Regulations Generally an agency wishing to adopt, amend or repeal regulations must first publish in the Pennsylvania Bulletin a Notice of Proposed Rulemaking. There are limited instances where the agency may omit the proposal step; they still must publish the adopted version. The Notice of Proposed Rulemaking contains the full text of the change, the agency contact person, a fiscal note required by law and background for the action. The agency then allows sufficient time for public comment before taking final action. An adopted proposal must be published in the Pennsylvania Bulletin before it can take effect. If the agency wishes to adopt changes to the Notice of Proposed Rulemaking to enlarge the scope, they must repropose. Citation to the Pennsylvania Bulletin Cite material in the Pennsylvania Bulletin by volume number and page number. Example: Volume 1, Pennsylvania Bulletin, page 801 (short form: 1 Pa.B. 801). Pennsylvania Code The Pennsylvania Code is the official codification of rules and regulations issued by Commonwealth agencies and other statutorily authorized documents. The Pennsylvania Bulletin is the temporary supplement to the Pennsylvania Code, printing changes as soon as they occur. These changes are then permanently codified by the Pennsylvania Code Reporter, a monthly, loose-leaf supplement. The Pennsylvania Code is cited by title number and section number. Example: Title 10 Pennsylvania Code, 1.1 (short form: 10 Pa.Code 1.1). Under the Pennsylvania Code codification system, each regulation is assigned a unique number by title and section. Titles roughly parallel the organization of Commonwealth government. Title 1 Pennsylvania Code lists every agency and its corresponding Code title location. How to Find Documents Search for your area of interest in the Pennsylvania Code. The Pennsylvania Code contains, as Finding Aids, subject indexes for the complete Code and for each individual title, a list of Statutes Used As Authority for Adopting Rules and a list of annotated cases. Source Notes give you the history of the documents. To see if there have been recent changes, not yet codified, check the List of Pennsylvania Code Chapters Affected in the most recent issue of the Pennsylvania Bulletin. The Pennsylvania Bulletin also publishes a quarterly List of Pennsylvania Code Sections Affected which lists the regulations in numerical order, followed by the citation to the Pennsylvania Bulletin in which the change occurred. SUBSCRIPTION INFORMATION: (717) 766-0211 GENERAL INFORMATION AND FINDING AIDS: (717) 783-1530
6534 Printing Format Material proposed to be added to an existing rule or regulation is printed in bold face and material proposed to be deleted from such a rule or regulation is enclosed in brackets [ ] and printed in bold face. Asterisks indicate ellipsis of Pennsylvania Code text retained without change. Proposed new or additional regulations are printed in ordinary style face. Fiscal Notes Section 612 of The Administrative Code of 1929 (71 P. S. 232) requires that the Office of Budget prepare a fiscal note for regulatory actions and administrative procedures of the administrative departments, boards, commissions or authorities receiving money from the State Treasury stating whether the proposed action or procedure causes a loss of revenue or an increase in the cost of programs for the Commonwealth or its political subdivisions; that the fiscal note be published in the Pennsylvania Bulletin at the same time as the proposed change is advertised; and that the fiscal note shall provide the following information: (1) the designation of the fund out of which the appropriation providing for expenditures under the action or procedure shall be made; (2) the probable cost for the fiscal year the program is implemented; (3) projected cost estimate of the program for each of the five succeeding fiscal years; (4) fiscal history of the program for which expenditures are to be made; (5) probable loss of revenue for the fiscal year of its implementation; (6) projected loss of revenue from the program for each of the five succeeding fiscal years; (7) line item, if any, of the General Appropriation Act or other appropriation act out of which expenditures or losses of Commonwealth funds shall occur as a result of the action or procedures; (8) recommendation, if any, of the Secretary of the Budget and the reasons therefor. The required information is published in the foregoing order immediately following the proposed change to which it relates; the omission of an item indicates that the agency text of the fiscal note states that there is no information available with respect thereto. In items (3) and (6) information is set forth for the first through fifth fiscal years; in that order, following the year the program is implemented, which is stated. In item (4) information is set forth for the current and two immediately preceding years, in that order. In item (8) the recommendation, if any, made by the Secretary of Budget is published with the fiscal note. See 4 Pa. Code 7.231 et seq. Where no fiscal impact is published, the statement means no additional cost or revenue loss to the Commonwealth or its local political subdivision is intended. Reproduction, Dissemination or Publication of Information Third parties may not take information from the Pennsylvania Code and Pennsylvania Bulletin and reproduce, disseminate or publish such information except as provided by 1 Pa. Code 3.44. 1 Pa. Code 3.44 reads as follows: 3.44. General permission to reproduce content of Code and Bulletin. Information published under this part, which information includes, but is not limited to, cross references, tables of cases, notes of decisions, tables of contents, indexes, source notes, authority notes, numerical lists and codification guides, other than the actual text of rules or regulations may be reproduced only with the written consent of the Bureau. The information which appears on the same leaf with the text of a rule or regulation, however, may be incidentally reproduced in connection with the reproduction of the rule or regulation, if the reproduction is for the private use of a subscriber and not for resale. There are no other restrictions on the reproduction of information published under this part, and the Commonwealth hereby consents to a reproduction.
List of Pa. Code Chapters Affected 6535 The following numerical guide is a list of the chapters of each title of the Pennsylvania Code affected by documents published in the Pennsylvania Bulletin during 2000. 4 Pa. Code (Administration) Adopted Rules 1... 8 120b...4226 120c...4229 120d...4238 174...5138 176...5138 177...5138 Proposed Rulemaking 7...5967 118...5735 119...5742 119a...5747 120...5748 177...1255 263...3795 401...3179 402...3179 403...3179 405...3179 Statements of Policy 5...1469 9... 44, 649, 902, 1556, 1760, 1876, 2380, 3081, 3469, 4011, 4434, 5025, 5849, 5971, 6217, 6606 114...4263 7 Pa. Code (Agriculture) Adopted Rules 3...6187 7...6187 110...5941 138h...5540 Proposed Rulemaking 3...768, 1255 7...768, 1255 21... 3660, 5152 110...636, 5543 137...4573 137a...4573 137b...4573 138h... 638 138i...771, 1255 138j...776, 1255 138k...781, 1255 151...4253 Statements of Policy 3a...2482 12 Pa. Code (Community and Economic Development) Adopted Rules 33...3035 Statements of Policy 123...4434 16 Pa. Code (Community Affairs) Adopted Rules 45...3434 81...3168 83...3168 85...3168 87...3168 91...3168 17 Pa. Code (Conservation and Natural Resources) Proposed Statement of Policy 44...5454 22 Pa. Code (Education) Adopted Rules 14...6330 16...6330 44...4243 121...3924 342...6330 354...5141 507...4897 701...3776 Proposed Rulemaking 14...4628 191 (correction)... 5847, 6137 342...4628 507...1378 711... 3463, 5290 25 Pa. Code (Environmental Protection) Adopted Rules 86...4898 89...3439 91... 521 92...6059 93...3036, 6059, 6191 95...6059 96...6059 97...521, 6059 101... 521 111 (with correction)... 111, 232 121 (with correction)... 1370, 2995, 3779, 5447 123... 1370, 4899 129 (with correction)... 2995, 3779 139 (with correction)... 533, 2995, 3779 145...4899 261a...6587 266b...6587 268a...6587 270a...6587 271...6685 272...6685 273...6685 277...6685 279...6685 281...6685 283...6685 284...6685 285...6685
6536 Proposed Rulemaking 78...3065 88...3053 90...3053 109...4596, 4611 123...399, 1135 145...399, 1135 210...2768 211...2768 215...4503 217...4503 219...4503 220...4503 224...4503 225...4503 226...4503 230...4503 232...4503 240...3661 245...3897 250... 3946, 4356 260a...4816 261a... 1136 266b... 1136 268a... 1136 269a...4816 270a... 1136 901...5844 971...6593 973...6593 975...6593 977...6593 1021...2766 Statements of Policy 16... 6111 23...4935 Proposed Statements of Policy 23...1766 28 Pa. Code (Health and Safety) Adopted Rules 1001...5363 1003...5363 1005...5363 1007...5363 1009...5363 1011...5363 1013...5363 1015...5363 1101...6853 1103...6853 1105...6853 1107...6853 1113...6853 Proposed Rulemaking 23...4591 25...3945 27...2715 701...3795 715...3795 1101... 873 1103... 873 1105... 873 1107... 873 1113... 873 31 Pa. Code (Insurance) Adopted Rules 33...4812 35...1542 67a...4812 84c...2228 86...3658 89...2229 113... 310 123...1542 124...1542 154...1453 301...1453 Proposed Rulemaking 3...5019 11...5020 64...5543 84c (with correction)...23, 312 86... 886 89...4623 89a...4623 118... 1377, 5452 147...5023 34 Pa. Code (Labor and Industry) Proposed Rulemaking 231...5152 37 Pa. Code (Law) Adopted Rules 93...1252 95 (with correction)...866, 1129 309... 763 Proposed Rulemaking 199...1871 431...5961 Statements of Policy 421...3472 49 Pa. Code (Professional and Vocational Standards) Adopted Rules 9...6342 11... 6194, 6344 15...4429 16...2474 18...5943 19...6427 21...3040, 5943, 5952 23 (with correction)... 2355, 2475 25... 533 31... 2357, 2583, 3044, 5017, 5954 33...2359, 3046, 4245 35 (with correction)... 228, 2586, 5954, 6199, 6429 36...3934 37...2589 39...6199 40...2592 41...536, 2593 42... 2597, 2599 47...3049 Proposed Rulemaking 1...2264 7...3266 9...2481 11...888, 1271, 2376 16...6210 18...6210
6537 21... 2265, 4730 27...4734 31...2378, 5969, 6231 35... 641 36...5290 42...4255 51 Pa. Code (Public Officers) Proposed Rulemaking 17...3467 21...3467 52 Pa. Code (Public Utilities) Adopted Rules 32...3439 53... 3441, 6202 54...3445 57 (with correction)...1129, 1254 59... 3172, 3451 62... 6346, 6430 64...2028 69... 634 Proposed Rulemaking 3...3073 59... 37 62... 893, 897, 2605, 3073 63... 539, 1379, 1549, 2376 Statements of Policy 69... 1959, 6358 Unclassified...1764, 3081, 3808 Proposed Statements of Policy 69... 2911 55 Pa. Code (Public Welfare) Adopted Rules 101...3779 125...3779 133...3779 140... 15 141...3779 145...3779 166...3779 168...1743 175...3779 177...3779 178...3779 181...3779 183...3779 1163...2130 3040...1743 3800...3794 Proposed Rulemaking 4225... 2785, 3806 4226... 2785, 3806 Statements of Policy 3270...4641 3280...4641 3800... 545 58 Pa. Code (Recreation) Adopted Rules 51...634, 5013, 5541 53...870, 5013 61...870, 5013 63...870, 4814 65... 870, 872, 4814 91...5016 93...870, 5013 97...870, 5013 111...4814 117...1652 135...4250 139...2366 141 (with correction)... 765, 2601, 2907, 4250, 5959, 5960, 6209 143...765, 2475, 4354 147...765, 2477, 2479 Proposed Rulemaking 1... 2611 3... 2611 5... 2611 9... 2611 11... 2611 13... 2611 21... 2611 23... 2611 25... 2611 27... 2611 31... 2611 33... 2611 51... 1755, 4619 53...1755 61...1755 63...2373 65... 2373, 4818 91...1874 93...1755 97...1755 111... 2373, 4819 135...2908 139... 1257, 4622 141... 1262, 2908, 4253, 4622 143...1267, 2375, 6357 147... 1268, 1269 Statements of Policy 57...6219 61 Pa. Code (Revenue) Adopted Rules 31...1654 32...3459 48...1654 55...3935 60... 3459, 3935 101...3938 125...3938 Proposed Rulemaking 31... 784 33...4932 101... 2236, 2371 899... 1755, 4932 Statements of Policy 60... 233 64 Pa. Code (Securities) Adopted Rules 202...18, 4551 203...18, 4551 204... 18 205...18, 4551 206...4551 207... 18 209... 18
6538 211... 18 301...4551 302...4551 303...4551 304...4551 305...4551 404...4551 504... 18 513... 18 602...4551 603...18, 4551 606... 18 609... 18 Proposed Rulemaking 202...2237 203...2237 205...2237 206...2237 301...2237 302...2237 303...2237 304...2237 305...2237 404...2237 602...2237 603...2237 Statements of Policy 604...4437 67 Pa. Code (Transportation) Adopted Rules 47...5448 175...3794 179...3051 601...3175 101 Pa. Code (General Assembly) Adopted Rules 501...3152 521...3152 551...3152 204 Pa. Code (Judicial System General Provisions) Adopted Rules 29...3563 71...4728 82...2350, 5527, 5924 83...865, 1357, 6540 99...6541 207... 865 211... 3564, 6420 215...4223 Proposed Rulemaking 71...2900 83...1124, 1126 85... 1127 89... 1127 207 Pa. Code (Judicial Conduct) Adopted Rules 1...619, 6542 3...6542 5... 619 33...2125 Unclassified...5287 Proposed Rulemaking 1...5732 3...5732 210 Pa. Code (Appellate Procedure) Adopted Rules 35...3429 63... 519 65...3429 67... 11 225 Pa. Code (Rules of Evidence) Adopted Rules Art I...1639 Art IV...1639, 1642, 3919 Art VI...1643 Art VIII... 1639, 1645 231 Pa. Code (Rules of Civil Procedure) Adopted Rules 200...519, 6421 400...6421 1000... 6422, 6544 1300...6423 1900...1646, 3027, 5837 1910...1646, 3155, 5837 1915... 1646, 6423 1920... 1646, 3155 1930... 1646, 3155 1940...5837 4000...6425 Proposed Rulemaking 200... 619, 620, 2350, 5287 400... 620 1000...621, 2127, 3565 1500... 2127, 5836 1900...1357 1910...1357, 4348, 6544 1915... 2210, 6544 1930... 1357, 4348 2220...5287 Part II...1476 Part III...4350 234 Pa. Code (Rules of Criminal Procedure) Adopted Rules 1...1477, 2211, 5841 2...1477 3...1477 4...1477 5...1477, 2211 6...1477, 1955, 2211 7...1477 8...1477 9...1477 10...1477 11...1477 20...1477, 2211, 5135 30...1477 50... 1477, 1508 100...1477 200...1477 300...1477, 2211, 6183 350...1477 1100... 1477, 1955, 2211, 6546 1400...1477 1500...622, 1477 1600...1477 1700...1477 2000...1477
6539 4000...1477, 2211 6000...1477 9000...1477 Proposed Rulemaking 1...2573 9...2575 20...1360 50...5527 100...4543, 4811 200...4543 300...5533 1500... 2575, 5533 4000...4543 6000...4543 237 Pa. Code (Juvenile Rules) Statements of Policy 301 (with correction)... 1762, 1960 246 Pa. Code (Minor Court Civil Rules) Proposed Rulemaking 100...3265 500...6547 249 Pa. Code (Philadelphia Rules) Unclassified... 13, 198, 201, 1362, 1649, 1740, 1741, 1957, 2128, 2129, 2472, 2763, 2900, 3565, 5136, 5446, 6184, 6185, 6425, 6549 252 Pa. Code (Allegheny County Rules) Unclassified... 2579, 6549 255 Pa. Code (Local Court Rules) Unclassified... 14, 201, 202, 225, 226, 307, 624, 762, 1120, 1251, 1369, 1509, 1511, 1651, 1741, 1870, 2222, 2351, 2352, 2353, 2581, 2763, 2764, 2765, 2904, 3027, 3028, 2039, 3030, 3166, 3430, 3566, 3766, 3773, 3920, 3922, 4223, 4224, 4225, 4353, 4549, 4896, 5137, 5446, 5536, 5537, 5733, 5734, 5924, 6326, 6329, 6573
6540
PENNSYLVANIA BULLETIN Volume 30 Number 52 Saturday, December 23, 2000 Harrisburg, Pa. Part II This part contains the Environmental Quality Board s Municipal Waste Regulations PRINTED ON 100% RECYCLED PAPER
PENNSYLVANIA BULLETIN (ISSN 0162-2137) published weekly by Fry Communications, Inc. for the Commonwealth of Pennsylvania, Legislative Reference Bureau, 647 Main Capitol Building, State & Third Streets, Harrisburg, Pa. 17120, under the policy supervision and direction of the Joint Committee on Documents pursuant to Part II of Title 45 of the Pennsylvania Consolidated Statutes (relating to publication and effectiveness of Commonwealth Documents). Subscription rate $82.00 per year, postpaid to points in the United States. Individual copies $2.50. Checks for subscriptions and individual copies should be made payable to Fry Communications, Inc. Second class postage paid at Harrisburg, Pennsylvania. Postmaster send address changes to: FRY COMMUNICATIONS Attn: Pennsylvania Bulletin 800 W. Church Rd. Mechanicsburg, Pennsylvania 17055-3198 (717) 766-0211 ext. 2340 (800) 334-1429 ext. 2340 (toll free, out-of-state) (800) 524-3232 ext. 2340 (toll free, in State) Orders for subscriptions and other circulation matters should be sent to: Fry Communications, Inc. Attn: Pennsylvania Bulletin 800 W. Church Rd. Mechanicsburg, PA 17055-3198 Copyright 2000 Commonwealth of Pennsylvania ISBN 0-8182-0004-9 Editorial preparation, composition, printing and distribution of the Pennsylvania Bulletin is effected on behalf of the Commonwealth of Pennsylvania by FRY COMMUNICATIONS, Inc., 800 W. Church Road, Mechanicsburg, Pennsylvania 17055-3198.
PENNSYLVANIA BULLETIN Volume 30 Number 52 Saturday, December 23, 2000 Harrisburg, Pa. Part III This part contains the Department of Health s WIC Program Regulations PRINTED ON 100% RECYCLED PAPER
6540 Title 204 JUDICIAL SYSTEM GENERAL PROVISIONS PART V. PROFESSIONAL ETHICS AND CONDUCT [204 PA. CODE CH. 83] Amendment of Rule 217 of the Pennsylvania Rules of Disciplinary Enforcement; No. 10 Disciplinary Rules Doc. No. 1 Order Per Curiam: And Now, this 7th day of December, 2000, it is ordered, pursuant to Article V, Section 10, of the Constitution of Pennsylvania, that: 1. Rule 217 of the Pennsylvania Rules of Disciplinary Enforcement is amended as set forth in Annex A. 2. This Order shall be processed in accordance with Pa.R.J.A. 103(b). New Pa.R.D.E. 217(j) shall take effect upon publication of this Order in the Pennsylvania Bulletin and shall apply: (i) immediately to persons becoming formerly admitted attorneys on or after the date of such publication; and (ii) commencing January 1, 2001 to persons who are formerly admitted attorneys on the date of such publication. Annex A TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS PART V. PROFESSIONAL ETHICS AND CONDUCT Subpart B. DISCIPLINARY ENFORCEMENT CHAPTER 83. PENNSYLVANIA RULES OF DISCIPLINARY ENFORCEMENT Subchapter B. MISCONDUCT Rule 217. Formerly admitted attorneys. * * * * * (j) A formerly admitted attorney may not engage in any form of law-related activities in this Commonwealth except in accordance with the following requirements: (1) All law-related activities of the formerly admitted attorney shall be conducted under the direct supervision of a member in good standing of the Bar of this Commonwealth who shall be responsible for ensuring that the formerly admitted attorney complies with the requirements of this subdivision (j). If the formerly admitted attorney is employed by a law firm, an attorney of the firm shall be designated by the firm as the supervising attorney for purposes of this subdivision. (2) For purposes of this subdivision (j), the only law-related activities that may be conducted by a formerly admitted attorney are the following: (i) legal work of a preparatory nature, such as legal research, assembly of data and other neces- THE COURTS sary information, and drafting of transactional documents, pleadings, briefs, and other similar documents; (ii) direct communication with the client or third parties to the extent permitted by paragraph (3); and (iii) accompanying a member in good standing of the Bar of this Commonwealth to a deposition or other discovery matter or to a meeting regarding a matter that is not currently in litigation, for the limited purpose of providing clerical assistance to the member in good standing who appears as the representative of the client. (3) A formerly admitted attorney may have direct communication with a client or third party regarding a matter being handled by the attorney or firm for which the formerly admitted attorney works only if the communication is limited to ministerial matters such as scheduling, billing, updates, confirmation of receipt or sending of correspondence and messages. The formerly admitted attorney shall clearly indicate in any such communication that he or she is a legal assistant and identify the supervising attorney. (4) Without limiting the other restrictions in this subdivision (j), a formerly admitted attorney is specifically prohibited from engaging in any of the following activities: (i) performing any law-related activity for a law firm or lawyer if the formerly admitted attorney was associated with that law firm or lawyer on or after the date on which the acts which resulted in the disbarment or suspension occurred, through and including the effective date of disbarment or suspension; (ii) performing any law-related services from an office that is not staffed, on a full time basis, by a supervising attorney; (iii) performing any law-related services for any client who in the past was represented by the formerly admitted attorney; (iv) representing himself or herself as a lawyer or person of similar status; (v) having any contact with clients either in person, by telephone, or in writing, except as provided in paragraph (3); (vi) rendering legal consultation or advice to a client; (vii) appearing on behalf of a client in any hearing or proceeding or before any judicial officer, arbitrator, mediator, court, public agency, referee, magistrate, hearing officer or any other adjudicative person or body; (viii) appearing as a representative of the client at a deposition or other discovery matter; (ix) negotiating or transacting any matter for or on behalf of a client with third parties or having any contact with third parties regarding such a negotiation or transaction; (x) receiving, disbursing or otherwise handling client funds.
THE COURTS 6541 (5) The supervising attorney and the formerly admitted attorney shall file with the Disciplinary Board a notice of employment, identifying the supervising attorney, certifying that the formerly admitted attorney has been employed and that the formerly admitted attorney s activities will be monitored for compliance with this subdivision (j). The supervising attorney and the formerly admitted attorney shall file a notice with the Disciplinary Board immediately upon the termination of the employment of the formerly admitted attorney. (6) The supervising attorney shall be subject to disciplinary action for any failure by either the formerly admitted attorney or the supervising attorney to comply with the provisions of this subdivision (j). Note: Subdivision (j) is addressed only to the special circumstance of formerly admitted attorneys engaging in law-related activities and should not be read more broadly to define the permissible activities that may be conducted by a paralegal, law clerk, investigator, etc. who is not a formerly admitted attorney. Subdivision (j) is also not intended to establish a standard for what constitutes the unauthorized practice of law. Finally, subdivision (j) is not intended to prohibit a formerly admitted attorney from performing services that are not unique to law offices, such as physical plant or equipment maintenance, courier or delivery services, catering, typing or transcription or other similar general office support activities. [Pa.B. Doc. No. 00-2202. Filed for public inspection December 22, 2000, 9:00 a.m.] PART V. PROFESSIONAL ETHICS AND CONDUCT [204 PA. CODE CH. 99] Adoption of Code of Civility; No. 258; Supreme Court Rules Doc. No. 1 Order Per Curiam: And Now, this 6th day of December, 2000, the Court hereby adopts the Code of Civility, as follows. Annex A TITLE 204. JUDICIAL SYSTEM GENERAL PROVISIONS PART V. PROFESSIONAL ETHICS AND CONDUCT Subpart D. CODE OF CIVILITY CHAPTER 99. CODE OF CIVILITY Preamble The hallmark of an enlightened and effective system of justice is the adherence to standards of professional responsibility and civility. Judges and lawyers must always be mindful of the appearance of justice as well as its dispensation. The following principles are designed to assist judges and lawyers in how to conduct themselves in a manner that preserves the dignity and honor of the judiciary and the legal profession. These principles are intended to encourage lawyers, judges and court personnel to practice civility and decorum and to confirm the legal profession s status as an honorable and respected profession where courtesy and civility are observed as a matter of course. The conduct of lawyers and judges should be characterized at all times by professional integrity and personal courtesy in the fullest sense of those terms. Integrity and courtesy are indispensable to the practice of law and the orderly administration of justice by our courts. Uncivil or obstructive conduct impedes the fundamental goal of resolving disputes in a rational, peaceful and efficient manner. The following principles are designed to encourage judges and lawyers to meet their obligations toward each other and the judicial system in general. It is expected that judges and lawyers will make a voluntary and mutual commitment to adhere to these principles. These principles are not intended to supersede or alter existing disciplinary codes or standards of conduct. I. A Judge s Duties to Lawyers and Other Judges: 1. A judge must maintain control of the proceedings and has an obligation to ensure that proceedings are conducted in a civil manner. 2. A judge should show respect, courtesy and patience to the lawyers, parties and all participants in the legal process by treating all with civility. 3. A judge should ensure that court-supervised personnel dress and conduct themselves appropriately and act civilly toward lawyers, parties and witnesses. 4. A judge should refrain from acting upon or manifesting racial, gender or other bias or prejudice toward any participant in the legal process. 5. A judge should always refer to counsel by surname preceded by the preferred title (Mr., Mrs., Ms. or Miss) or by the professional title of attorney or counselor while in the courtroom. 6. A judge should not employ hostile or demeaning words in opinions or in written or oral communications with lawyers, parties or witnesses. 7. A judge should be punctual in convening trials, hearings, meetings and conferences. 8. A judge should be considerate of the time constraints upon lawyers, parties and witnesses and the expenses attendant to litigation when scheduling trials, hearings, meetings and conferences to the extent such scheduling is consistent with the efficient conduct of litigation. 9. A judge should ensure that disputes are resolved in a prompt and efficient manner and give all issues in controversy deliberate, informed and impartial analysis and explain, when appropriate, the reasons for the decision of the court. 10. A judge should allow the lawyers to present proper arguments and to make a complete and accurate record. 11. A judge should not impugn the integrity or professionalism of any lawyer on the basis of the clients whom or the causes which he or she represents. 12. A judge should recognize that the conciliation process is an integral part of litigation and thus should protect all confidences and remain unbiased with respect to conciliation communications. 13. A judge should work in cooperation with all other judges and other jurisdictions with respect to availability of lawyers, witnesses, parties and court resources.
6542 THE COURTS 14. A judge should conscientiously assist and cooperate with other jurists to assure the efficient and expeditious processing of cases. 15. Judges should treat each other with courtesy and respect. II. The Lawyer s Duties to the Court: 1. A lawyer should act in a manner consistent with the fair, efficient and humane system of justice and treat all participants in the legal process in a civil, professional and courteous manner at all times. 2. A lawyer should speak and write in a civil and respectful manner in all communications with the court and court personnel. 3. A lawyer should not engage in any conduct that diminishes the dignity or decorum of the courtroom. 4. A lawyer should advise clients and witnesses of the proper dress and conduct expected of them when appearing in court and should, to the best of his or her ability, prevent clients and witnesses from creating disorder and disruption in the courtroom. 5. A lawyer should abstain from making disparaging personal remarks or engaging in acrimonious speech or conduct toward opposing counsel or any participants in the legal process and shall treat everyone involved with fair consideration. 6. A lawyer should not bring the profession into disrepute by making unfounded accusations of impropriety or personal attacks upon counsel and, absent good cause, should not attribute improper motive or conduct to other counsel. 7. A lawyer should refrain from acting upon or manifesting racial, gender or other bias or prejudice toward any participant in the legal process. 8. A lawyer should not misrepresent, mischaracterize, misquote or miscite facts or authorities in any oral or written communication to the court. 9. A lawyer should be punctual and prepared for all court appearances. 10. A lawyer should avoid ex parte communications with the court, including the judge s staff, on pending matters in person, by telephone or in letters and other forms of written communication unless authorized. Communication with the judge on any matter pending before the judge, without notice to opposing counsel, is strictly prohibited. 11. A lawyer should be considerate of the time constraints and pressures on the court in the court s effort to administer justice and make every effort to comply with schedules set by the court. 12. A lawyer, when in the courtroom, should make all remarks only to the judge and never to opposing counsel. When in the courtroom a lawyer should refer to opposing counsel by surname preceded by the preferred title (Mr., Mrs., Ms. or Miss) or the professional title of attorney or counselor. 13. A lawyer should show respect for the court by proper demeanor and decorum. In the courtroom a lawyer should address the judge as Your Honor or the Court or by other formal designation. A lawyer should begin an argument by saying May it please the court and identify himself/herself, the firm and the client. 14. A lawyer should deliver to all counsel involved in a proceeding any written communication that a lawyer sends to the court. Said copies should be delivered at substantially the same time and by the same means as the written communication to the court. 15. A lawyer should attempt to verify the availability of necessary participants and witnesses before hearing and trial dates are set or, if that is not feasible, immediately after such dates have been set and promptly notify the court of any anticipated problems. 16. A lawyer should understand that court personnel are an integral part of the justice system and should treat them with courtesy and respect at all times. 17. A lawyer should strive to protect the dignity and independence of the judiciary, particularly from unjust criticism and attack. [Pa.B. Doc. No. 00-2203. Filed for public inspection December 22, 2000, 9:00 a.m.] Title 207 JUDICIAL CONDUCT PART IV. COURT OF JUDICIAL DISCIPLINE [207 PA. CODE CHS. 1 AND 3] Amendment to the Rules of Procedure of the Court of Judicial Discipline; Doc. No. 1 JD 94 Order Per Curiam: And Now, this 12th day of December 2000, the Court, pursuant to Article 5, Section 18(b)(4) of the Constitution of Pennsylvania, having adopted proposed amendments to Rules of Procedure 102, 110, 301 and 302, as more specifically hereinafter set forth, It Is Hereby Ordered That Rules of Procedure 102, 110, 301 and 302 shall become effective immediately. Annex A TITLE 207. JUDICIAL CONDUCT PART IV. COURT OF JUDICIAL DISCIPLINE ARTICLE I. PRELIMINARY PROVISIONS CHAPTER I. GENERAL PROVISIONS IN GENERAL Rule 102. Definitions. The following words and phrases when used in these rules shall have the following meanings, unless the context or subject matter otherwise requires: Board is the Judicial Conduct Board. Board Complaint is the formal charging document filed by the Board to initiate proceedings in the Court pursuant to Article V, 18(b)(5) of the Pennsylvania Constitution. Charges are the formal charges contained in the Board Complaint filed with the Court by the Board alleging that a judicial officer has been convicted of a felony, violated Article V, 17 of the Pennsylvania Constitution, engaged in misconduct in office, neglected or failed to perform the duties of office or engaged in conduct which prejudiced the proper administration of justice or brought the judicial office into disrepute, violated a canon of legal or
THE COURTS 6543 judicial ethics or standards of conduct or a rule of the Supreme Court, or that the judicial officer is mentally or physically disabled. Clerk is the person appointed by the Court to serve as Clerk of the Court. Conference Judge is a Court member appointed by the President Judge following the filing of a Board Complaint, to preside at the pre-trial conference, to rule on the omnibus motion, and, during a panel hearing, to make evidentiary rulings. A Conference Judge may also be appointed by the President Judge to rule on preliminary motions in proceedings other than those initiated by the filing of a Board Complaint. Court is the Court of Judicial Discipline. Unless the context clearly indicates otherwise, the term shall include a panel. Full Court is at least a quorum of the Court. Judicial Officer includes district justices, judges of the Philadelphia Municipal and Traffic Courts, judges of the Pittsburgh Magistrates Court, judges of the courts of common pleas, the Commonwealth Court, and the Superior Court, justices of the Supreme Court and senior judges or district justices of any court. Majority is a majority of the members of the Court qualified to vote. Panel is a group of no fewer than three members of the Court appointed by the President Judge. Petition for Relief is a document filed pursuant to these Rules to initiate proceedings other than formal charges in the Court. Preliminary Conference Judge is a member of the Court appointed by the President Judge when deemed appropriate to convene and preside at a preliminary conference. President Judge is a member of the Court elected by the Court to act as the President Judge. Quorum is five members of the Court. Verification is a written statement of fact by the signer, supported by oath or affirmation or made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification of authorities. Rule 110. Entry of Appearance. (A) Counsel for a Judicial Officer shall file an entry of appearance with the Clerk of the Court and shall serve a copy of the entry on the Board Counsel. (B) The entry of appearance shall include counsel s name, address, phone number, and Pennsylvania Supreme Court Identification Number. Admission Pro Hoc Vice shall be in accordance with the Pennsylvania Bar Admission Rules. Official Note: Counsel should file an entry of appearance within 15 days of service of the Board Complaint or a Preliminary Conference Judge will be appointed in accordance with Rule 301(B). ARTICLE II. PROCEEDINGS BASED ON THE FILING OF FORMAL CHARGES CHAPTER 3. INITIATION OF FORMAL CHARGES Rule 301. Initiating Formal Charges: Preliminary Conference Judge; Conference Judge; Scheduling. (A) Board Complaint. Proceedings in the Court shall be commenced by the filing of a Board Complaint with the Clerk and concurrent service of the Board Complaint on the Judicial Officer. (B) Appointment of Preliminary Conference Judge. If the Clerk does not receive an entry of appearance for the Judicial Officer within 15 days of service of the Complaint as specified in Rule 302(B), the Clerk shall so notify the President Judge. Within five (5) days of receipt of such notification the President Judge shall appoint a member of the Court to serve as Preliminary Conference Judge. (C) Duties of Preliminary Conference Judge. As soon as practicable after appointment, the Preliminary Conference Judge shall schedule and conduct a preliminary conference at which the Judicial Officer shall be advised of his or her right to be represented by counsel. (D) Appointment of Conference Judge. Within 10 days after a Board Complaint is filed pursuant to paragraph (A), the President Judge shall appoint a member of the Court to serve as Conference Judge on the case as provided in these rules. (E) Duties of Conference Judge Following the Filing of Formal Complaint. In addition to the other duties of Conference Judge set forth in these rules, the Conference Judge shall: (1) dispose of all pre-trial motions; (2) schedule and conduct a pre-trial conference, in accordance with C.J.D.R.P. No. 421; and (3) upon disposition of all pre-trial matters, certify to the President Judge notice that the matter is ready for trial. (F) The Clerk shall serve certified copies of orders scheduling pre-trial conferences and trials to the Board and the Judicial Officer. Rule 302. Contents of Board Complaint. (A) For each charge against the Judicial Officer, the Board Complaint shall: (1) state in plain and specific language the nature of the charge; (2) specify the allegations of fact upon which the charge is based. (B) The Board Complaint shall contain a notice to the Judicial Officer advising the Judicial Officer to engage an attorney to represent him or her before the Court in connection with the charges set out in the Board Complaint and directing that the attorney shall file an entry of appearance within 15 days of the service of the Board Complaint. The notice shall be substantially in the following form: You have an absolute right to be represented by a lawyer in all proceedings before the Court of Judicial Discipline. Your attorney should file an entry of appearance with the Court of Judicial Discipline within 15 days of the service of this Complaint in accordance with C.J.D.R.P. No. 302(B). (C) If an entry of appearance is not filed within the time specified in paragraph (B), the Clerk shall immediately notify the President Judge. (D) Within five (5) days of notification by the Clerk as in paragraph (C), the President Judge shall appoint a member of the Court to serve as Preliminary Conference Judge. The Preliminary Conference Judge shall then proceed in accordance with C.J.D.R.P. No. 301(C). (E) The Board Complaint shall give notice to the Judicial Officer of the time period within which the Judicial Officer must file an omnibus motion pursuant to Rule 411.
6544 THE COURTS (F) The Board Complaint shall be signed and verified by counsel for the Board. [Pa.B. Doc. No. 00-2204. Filed for public inspection December 22, 2000, 9:00 a.m.] Title 231 RULES OF CIVIL PROCEDURE PART I. GENERAL [231 PA. CODE CH. 1000] Promulgation of New Rule 1036 Governing Dismissal Upon Affidavit of Noninvolvement; No. 344; Civil Procedural Rules Doc. No. 5 Order Per Curiam: And Now, this 11th day of December, 2000, new Pennsylvania Rule of Civil Procedure 1036 is promulgated to read as follows. This order shall be processed in accordance with Pa.R.J.A. 103(b) and shall be effective January 1, 2001. Annex A TITLE 231. RULES OF CIVIL PROCEDURE PART I. GENERAL CHAPTER 1000. ACTIONS AT LAW Subchapter A. CIVIL ACTION Rule 1036. Dismissal Upon Affidavit of Noninvolvement. (a) As used in this rule, action means an action subject to an Act of Assembly which provides for dismissal of the action as to a party based upon an affidavit of noninvolvement. Official Note: Actions pursuant to the following Acts of Assembly are within the scope of this rule: Section 7502 of the Judicial Code, 42 Pa.C.S. 7502, an action for negligence against a construction design professional and Section 827-A of the Health Care Services Malpractice Act, 40 P. S. 1301.827-A, a medical malpractice action naming a health care provider as a defendant. (b) Any party seeking dismissal of the action shall file a motion to dismiss which shall have attached thereto the affidavit of noninvolvement. (c) Any party opposing the motion may file a response. (d) Upon reviewing the motion and any response thereto and determining the existence of a prima facie case for dismissal of the action as to a party, the court shall enter an order (1) allowing any party opposing the motion (i) to conduct limited discovery directed solely to the issue of involvement of any party seeking dismissal and (ii) prior to the disposition of the motion, to file affidavits, depositions and such other evidentiary materials as would permit a jury to find that any party seeking dismissal was involved in any activities upon which the claim is based, and (2) scheduling an argument to decide the motion. (e) The argument shall be limited to the sole issue of whether any party opposing the motion has produced evidence which, when considered in a light most favorable to that party, would require the issue of the involvement of any party seeking dismissal to be submitted to a jury. Explanatory Comment New Rule 1036 sets forth a procedure to govern dismissal of an action pursuant to an affidavit of noninvolvement. Two statutes, cited in the note to subdivision (a), presently provide for such an affidavit: Section 7502 of the Judicial Code 1 relating to construction design professionals and Section 827-A of the Health Care Services Malpractice Act 2 relating to health care providers. These statutes speak of having the action against such construction design professional dismissed upon the filing of an affidavit of noninvolvement 3 and of causing an action against a health care provider to be dismissed upon the filing of an affidavit of noninvolvement with the court. 4 The role of the court in these procedures, not specified by the statutes, is supplied by the new rule. By the Civil Procedural Rules Committee REA BOYLAN THOMAS, Chair [Pa.B. Doc. No. 00-2205. Filed for public inspection December 22, 2000, 9:00 a.m.] PART I. GENERAL [231 PA. CODE CHS. 1910 AND 1915] Amendments to the Rules Relating to Domestic Relations Matters; Recommendation 56 The Domestic Relations Procedural Rules Committee proposes the following amendments to Rules of Civil Procedure 1910.3, 1910.6, 1910.13-2, 1910.16-2, 1910.16-4, 1910.16-6 and 1915.3. The Committee solicits comments and suggestions from all interested persons prior to submission of these proposed amendments to the Supreme Court of Pennsylvania. Written comments relating to the proposed rules must be received no later than Thursday, March 1, 2001 and must be directed to: Patricia A. Miles, Esquire Council, Domestic Relations Procedural Rules Committee 5035 Ritter Road, Suite 700 Mechanicsburg, Pennsylvania 17055 FAX (717) 795-2116 E-mail patricia.miles@supreme.court.state.pa.us The notes and explanatory comments which appear in connection with the proposed amendments have been inserted by the Committee for the convenience of those using the rules. They will not constitute part of the rules and will not be officially adopted or promulgated by the Supreme Court. 1 42 Pa.C.S. 7502. 2 40 P. S. 1301.827-A. 3 42 Pa.C.S. 7502(a). 4 40 P. S. 1301.827-A(a).