Title 210--APPELLATE PROCEDURE PART II. INTERNAL OPERATING PROCEDURES [210 PA. CODE CH. 67] Amendment to Commonwealth Court Internal Operating Procedures [36 Pa.B. 2171] 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 commissioned judges that results in an even number of commissioned judges voting on a circulating panel opinion or en banc opinion, [a tie] and when the vote of [the] all participating commissioned judges [shall result] results in a tie, the [filing of the] opinion shall be filed as circulated. [The opinion shall not be published unless there is a majority vote of the commissioned judges to publish.] The opinion shall contain a footnote on the first page indicating that the opinion is filed pursuant to this paragraph. Unless there is a majority vote of the participating commissioned judges to publish, the opinion shall not be published.
JAMES G. COLLINS,
President Judge[Pa.B. Doc. No. 06-749. Filed for public inspection May 5, 2006, 9:00 a.m.]
