PART II. INTERNAL OPERATING PROCEDURES [ 210 PA. CODE CH. 67 ] [42 Pa.B. 1642]
[Saturday, March 31, 2012][Correction]
Amendment to Commonwealth Court Internal Operating Procedures An error occurred in the document which appeared at 40 Pa.B. 6388, 6390 (November 6, 2010). The amendment to § 67.53 was printed incorrectly. The correct version of § 67.53 is as follows:
Annex A TITLE 210. APPELLATE PROCEDURE PART II. INTERNAL OPERATING PROCEDURES CHAPTER 67. COMMONWEALTH COURT Subchapter A. INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT DECISIONS § 67.53. Reporting of Opinions; Determination as to Reporting.
A. Each judge who is the author of an opinion of a panel or the court en banc shall indicate, in circulating the opinion to the other members of the court, the authoring judge's recommendation as to whether the opinion should be reported. A decision generally should be reported when it:
1. establishes a new rule of law;
2. applies an existing rule of law to facts significantly different than those stated in prior decisions;
3. modifies or criticizes an existing rule of law;
4. resolves an apparent conflict of authority;
5. involves a legal issue of continuing public interest; or
6. constitutes a significant, non-duplicative contribution to law because it contains:
(a) an historical review of the law,
(b) a review of legislative history,
(c) a review of conflicting decisions among the courts of other jurisdictions.
B. The recommendation shall govern the determination as to reporting, unless a majority of the commissioned members of the court disagree with it. Opinions of a single judge shall be filed but not reported unless, because of the unique character of the case, the [executive administrator, the] prothonotary or the authoring judge shall recommend that the opinion be reported and a two-thirds majority of the commissioned members of the court shall concur with the recommendation.
[Pa.B. Doc. No. 12-574. Filed for public inspection March 30, 2012, 9:00 a.m.]
