Section 101.10. Vacancy on Special Tribunal

(a) Whenever a vacancy on a Special Tribunal occurs, all proceedings in and any consideration of the matter on appeal shall be stayed until the vacancy is filled.

(b) Procedure

(1) Whenever a vacancy occurs on a Special Tribunal while the appeal before that Tribunal is pending, the Special Tribunal shall immediately notify the Court Administrator of Pennsylvania.

(2) Upon receiving notice of a vacancy, the Court Administrator of Pennsylvania shall immediately set a date, time and location for the selection of a judge to fill the vacancy, which selection shall take place no later than twenty (20) days after notice from the Special Tribunal. The selection proceeding shall be open to the public.

(3) The judge shall be chosen by lot from a list of the judges of the Superior and Commonwealth Courts who are on regular and active duty. The list shall not include the seven (7) judges originally selected or those judges specified in Section 101.8(b)(1) and (2).

(4) If, for whatever reason, less than seven (7) judges of the Superior and Commonwealth Courts are available to serve on a Special Tribunal, then those judges available to serve shall serve on the Special Tribunal. Decisions shall be by majority vote of those serving. An evenly divided Special Tribunal shall result in an affirmance of the decision and Order of the court below.