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204 Pa. Code § 93.111. Determination of reimbursable expenses.

§ 93.111. Determination of reimbursable expenses.

 (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, administrative suspension or transfer to inactive status) or §  89.274(b) (relating to publication of a notice of reinstatement hearing).

 (c)  Administrative fee. Enforcement Rule 208(g)(4) 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)(4) 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.


   The provisions of this §  93.111 adopted April 8, 1983, effective April 9, 1983, 13 Pa.B. 1244; amended July 8, 1988, effective July 9, 1988, 18 Pa.B. 3036; amended December 1, 2006, effective immediately, 36 Pa.B. 7233; amended August 11, 2012, effective immediately, 42 Pa.B. 5156; amended January 30, 2015, effective March 2, 2015, 45 Pa.B. 544; amended June 2, 2017, effective June 3, 2017, 47 Pa.B. 3075; amended February 1, 2019, effective in 30 days, 49 Pa.B. 443; amended May 3, 2019, effective May 4, 2019, 49 Pa.B. 2216; amended April 18, 2019, effective in 30 days from date of publication, 49 Pa.B. 5552; amended March 31, 2020, effective 30 days from the date of publication, 50 Pa.B. 2388. Immediately preceding text appears at serial pages (397918) to (397919).

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