Title 210--APPELLATE PROCEDURE PART II. INTERNAL OPERATING PROCEDURES [210 PA. CODE CH. 67] Amendment to Commonwealth Court Internal Operating Procedures [36 Pa.B. 1745] Annex A TITLE 210. APPELLATE PROCEDURE PART II. INTERNAL OPERATING PROCEDURES CHAPTER 67. INTERNAL OPERATING PROCEDURES OF THE COMMONWEALTH COURT APPELLATE JURISDICTION § 67.29. Decisions; Effect of Disagreements.
* * * * * (b) When there exists a vacancy or a recusal among the [active] commissioned judges that results in an even number of [active] commissioned judges voting on a circulating panel or en banc opinion, a tie vote of the [active] commissioned judges shall result in the filing of the opinion as circulated. The opinion shall not be published unless there is a majority vote of the [active] commissioned judges to publish. The opinion shall contain a footnote indicating that the opinion is filed pursuant to this paragraph.
JAMES G. COLLINS,
President Judge[Pa.B. Doc. No. 06-601. Filed for public inspection April 14, 2006, 9:00 a.m.]
