Current through Register Vol. 54, No. 45, November 9, 2024
Section 171.143 - Notice to Attorney General: constitutionality of statute(a) In any proceeding before an arbitration panel in which any portion of the act is alleged to be unconstitutional and the Commonwealth is not a party, the party raising the question of constitutionality shall promptly give notice thereof by registered mail to the Attorney General together with a copy of the legal paper raising the issue and shall file proof of the giving of the notice with the Administrator. The Attorney General may intervene as a party or may be heard without the necessity of intervention. The arbitration panel in its discretion may stay the proceedings pending the giving of the notice and a reasonable opportunity to the Attorney General to respond thereto. If the circumstances of the case require, the arbitration panel may proceed without prior notice in which event notice shall be given as soon as possible or the arbitration panel may proceed without waiving action by the Attorney General in response to a notice.(b) Subsection (a) supersedes 1 Pa. Code §35.28(b) (relating to eligibility to intervene).