Current through Register Vol. 54, No. 44, November 2, 2024
(a)
General rule.
Enforcement Rule 208(g)(2) provides that expenses taxable by the Board pursuant
to 89.205(b)
(relating to informal admonition, private reprimand or public reprimand
following formal hearing) shall be prescribed by these rules. See also
89.209 (relating to expenses of
formal proceedings) and
89.278 (relating to expenses of
reinstatement proceedings).
(b)
Enumeration of expenses. Taxable expenses under these rules
shall include, but not be limited to, the following:
(1) court reporter fees and transcript
costs;
(2) The fees and expenses of
expert and other witnesses;
(3) The
cost of serving subpoenas, pleadings and briefs;
(4) The charges by banks and other
institutions for production of statements, checks and other records in response
to subpoenas or otherwise;
(5) The
cost of reproducing documents introduced or offered as evidence at
hearings;
(6) The cost of
reproducing pleadings and briefs; and
(7) the cost of publishing notices in the
legal journal and a newspaper of general circulation as required by Enforcement
Rule 217(f) (relating to publication of a notice of suspension, disbarment,
temporary suspension, administrative suspension or transfer to disability
inactive status) or §
89.274(b)
(relating to publication of a notice of reinstatement hearing).
(c)
Administrative
fee. Enforcement Rule 208(g)(3) provides that in addition to the
payment of any expenses under Enforcement Rule 208(g)(1) or (g)(2), a
respondent-attorney shall pay upon the final order of discipline an
administrative fee, pursuant to the schedule set forth in the rule.
(d)
Assessed Penalties on Unpaid
Taxed Expenses and Administrative Fees.
(1) Failure to pay taxed expenses within
thirty days of the assessment becoming final in accordance with subdivisions
(g)(1) and (g)(2) of Enforcement Rule 208 and subdivision (f)(3) of Enforcement
Rule 218, and/or failure to pay administrative fees assessed in accordance with
subdivision (g)(3) of Enforcement Rule 208 within thirty days of notice
transmitted to the respondent-attorney shall result in the assessment of a
penalty, levied monthly at the rate of 0.8% of the unpaid principal balance, or
such other rate as established by the Supreme Court of Pennsylvania, from time
to time.
(2) Monthly penalties
shall not be retroactively assessed against unpaid balances existing prior to
the enactment of the rule; monthly penalties shall be assessed against these
unpaid balances prospectively, starting 30 days after the effective date of the
rule.
(3) The Disciplinary Board
for good cause shown, may reduce the penalty or waive it in its
entirety.
(4) The Board shall
charge a collection fee for any payment that has been returned to the Board
unpaid.
