00:26 - >>WELCOME TO THE COMMONWEALTH

00:28 - COURT FOR OUR ON BONK

00:30 - ARGUMENTS.

00:33 - EACH SIDE AS YOU KNOW HAS 15

00:36 - MINUTES TO BE ABLE TO PRESENT

00:37 - THEIR CASE.

00:44 - >>WE'RE PREPARED.

00:46 - VERY PREPARED TO HEAR YOUR CASE

00:48 - AND I WILL ALSO BE PROVIDING

00:50 - A BRIEF. IN INTRODUCTION TO

00:53 - EACH CASE SO FEEL FREE TO JUMP

00:56 - RIGHT IN BECAUSE 15 MINUTES

00:58 - GOES

00:58 - VERY QUICKLY. PETITIONERS

01:02 - TALENTS IF YOU WOULD

01:04 - LIKELY BATTLE PLEASE ASK FOR

01:06 - IT, AND WE'LL PROVIDE THAT AS

01:08 - WELL.

01:10 - THE FIRST CASE ON THE LIST

01:11 - TODAY

01:14 - JOSEPH AMBROSIO PETITIONER

01:17 - VERSUS THE POCONO MOUNTAIN

01:18 - SCHOOL DISTRICT AND IN SERVE CO

01:20 - INSURANCE SERVICES INC WORKERS

01:23 - COMP APPEAL BOARD RESPONDENTS.

01:26 - THE PETITIONER PETITIONS FOR

01:28 - REVIEW FROM AN ORDER OF THE

01:29 - WORKERS COMPENSATION

01:30 - APPEAL BOARD. THE BOARD

01:32 - AFFIRMED THE DECISION OF A

01:34 - WORKERS COMPENSATION JUDGE.

01:36 - THE DENIED A PENALTY PETITION

01:38 - PETITIONER FILED AGAINST HIS

01:39 - EMPLOYER. THE POCONO MOUNTAIN

01:41 - SCHOOL DISTRICT SEEKING

01:43 - REIMBURSEMENT FOR OUT OF POCKET

01:45 - MEDICAL EXPENSES INCURRED

01:47 - OBTAINING MEDICAL MARIJUANA TO

01:50 - TREAT HIS WORK RELATED INJURY.

01:52 - IN

01:53 - 1998. PETITIONER SUSTAINED A

01:55 - WORK-RELATED RIGHT SHOULDER

01:56 - INJURY EMPLOYER ACCEPTED THE

01:58 - INJURY AND PAY DISABILITY

02:00 - BENEFITS. EMPLOYER REMAINED

02:03 - RESPONSIBLE FOR REASONABLE AND

02:04 - NECESSARY MEDICAL EXPENSES

02:06 - RELATED TO THE WORK INJURY.

02:08 - AFTER A COMPROMISE AND RELEASE

02:10 - AGREEMENT SETTLED PETITIONERS

02:12 - ENTITLEMENT TO INDEMNITY

02:13 - BENEFITS FOR A LUMP SUM

02:15 - PAYMENT.

02:17 - IN 2019 PETITIONER FILED A

02:19 - PENALTY PETITION ALLEGING THAT

02:22 - EMPLOYER VIOLATED THE WORKERS

02:23 - COMPENSATION ACT BECAUSE IT

02:25 - FAILED TO REIMBURSE IS OUT OF

02:27 - POCKET EXPENSES FOR MEDICAL

02:29 - MARIJUANA.

02:30 - THE WORKERS COMPENSATION JUDGE

02:32 - RULED THE PETITIONER FAILED TO

02:34 - PROVE THAT EMPLOYER VIOLATED

02:36 - THE ACT BECAUSE THERE WAS NO

02:38 - EVIDENCE THE PETITIONER

02:39 - SUBMITTED HIS BILLS TO EMPLOYER

02:42 - ON THE PROPER FORMS WITH

02:44 - ACCOMPANYING MEDICAL RECORDS.

02:46 - THE WORKERS COMPENSATION JUDGE

02:48 - DID NOT REACH THE QUESTION

02:49 - OF WHETHER EMPLOYERS POLICY NOT

02:51 - TO PAY FOR MEDICAL MARIJUANA

02:54 - VIOLATES THEN THE ACT

02:56 - AND WHETHER THE MEDICAL

02:57 - MARIJUANA ACT WE LEAVES

02:59 - INSURERS OF THEIR OBLIGATION TO

03:01 - PAY FOR MEDICAL MARIJUANA.

03:04 - THE BOARD AFFIRMED THE DECISION

03:05 - OF THE WORKERS COMPENSATION

03:07 - JUDGE BUT ON THE BASIS THAT AN

03:09 - INSURER OR EMPLOYER CAN NOT BE

03:11 - REQUIRED TO PAY FOR MEDICAL

03:12 - MARIJUANA BASED ON THE PLAIN

03:15 - LANGUAGE OF THE M M A

03:17 - WHICH STATES THAT NOTHING YEAR

03:19 - AND SHALL BE CONSTRUED TO

03:20 - REQUIRE AN INSURER OR A HEALTH

03:22 - PLAN WHETHER PAID FOR BY

03:24 - COMMONWEALTH FUNDS OR PRIVATE

03:26 - FUNDS TO PROVIDE COVERAGE FOR

03:28 - MEDICAL MARIJUANA. MOREOVER THE

03:31 - BOARD POINTED OUT THAT IT IS A

03:32 - FEDERAL CRIME TO POSSESS

03:34 - MARIJUANA AND NOTHING IN THE M

03:36 - M A

03:37 - QUOTE SHALL REQUIRE AN EMPLOYER

03:39 - TO COMMIT ANY ACT

03:41 - THAT WOULD PUT THE EMPLOYER OR

03:42 - ANY PERSON ACTING ON ITS BEHALF

03:45 - IN VIOLATION OF FEDERAL LAW

03:47 - UNQUOTE.

03:49 - PETITIONER ARGUES THAT WHILE

03:51 - THE MMA EXCUSES INSURERS AND

03:53 - HEALTH PLANS FROM PAIN FOR

03:55 - MEDICAL MARIJUANA. IT DOES NOT

03:57 - EXCUSE EMPLOYERS FROM SUCH

03:59 - RESPONSIBILITY.

04:01 - IN ADDITION PETITIONER ARGUES

04:03 - THAT THE PENNSYLVANIA SUPREME

04:04 - COURT'S DECISION IN GAS

04:06 - VERSUS 52ND JUDICIAL DISTRICT

04:09 - LEBANON COUNTY ESTABLISHES THAT

04:11 - FEDERAL LAWS PERTAINING TO

04:12 - MARIJUANA. WE CANNOT EXCUSE

04:14 - EMPLOYERS FROM PAIN FOR

04:16 - REASONABLE NECESSARY AND

04:19 - CAUSALLY RELATED MEDICAL

04:20 - EXPENSES, INCLUDING EXPENSES

04:22 - INCURRED BY AN INJURED WORKER

04:24 - TREATING WITH MEDICAL

04:25 - MARIJUANA.

04:27 - THEIR PETITION OR CLAIMS THAT

04:29 - THE WORKERS COMPENSATION JUDGE

04:31 - ERRONEOUSLY BELIEVED THE

04:32 - PETITIONER WAS REQUIRED TO

04:34 - SUBSTANTIATE HIS MEDICAL

04:36 - EXPENSES USING FORMS ONLY

04:38 - REQUIRED MEDICAL PROVIDERS.

04:41 - EMPLOYER RESPONDS THE

04:42 - PETITIONER FAILED TO PROVIDE IT

04:44 - WITH DOCUMENTATION NECESSARY TO

04:46 - SUBSTANTIATE HIS MEDICAL

04:47 - EXPENSES AND WHEN PETITIONER

04:50 - EVENTUALLY DID SUBMIT RECORDS.

04:52 - THEY SHOWED THAT HIS MEDICAL

04:53 - MARIJUANA IS NOT FOR TREATMENT

04:55 - OF HIS WORK

04:55 - RELATED INJURY. BASED ON THIS

04:58 - EMPLOYER CONTENDS THAT THE

04:59 - WORKERS COMPENSATION JUDGE

05:01 - PROPERLY CONCLUDED THAT THE

05:03 - EVIDENCE DID NOT ESTABLISH THAT

05:05 - IT VIOLATED

05:06 - THE ACT. SECOND EMPLOYER

05:08 - SUBMITS THE PETITIONERS

05:09 - RELIANCE ON GAS IS MISPLACED

05:12 - THEREFORE BASED ON THE PLAIN

05:14 - LANGUAGE OF THE M M A EMPLOYERS

05:16 - AND INSURERS. WE ARE NOT

05:18 - REQUIRED TO PAY FOR MEDICAL

05:19 - MARIJUANA AS THEY CAN BE

05:21 - CRIMINALLY PROSECUTED FOR DOING

05:23 - SO.

05:29 - OUR PETITIONER PLEASE YOU

05:31 - MAY BEGIN. AND ADVISE IF YOU

05:34 - WOULD LIKE ANY REBUTTAL TIME.

05:36 - THANK YOU YOUR HONOR MAY PLEASE

05:37 - THE COURT ATTORNEY HOLLABACK

05:39 - AND YOU MAY WANT SEVERAL BY

05:41 - MASTERING ARE YES. YOU MAY SAY

05:43 - WE DO SELL FROM IT,

05:44 - YES, IT WILL MAKE IT A LITTLE

05:46 - EASIER FOR US TO UNDERSTAND

05:48 - YOU.

05:49 - MY NAME IS JAMES CAAN, A BOY ON

05:50 - BEHALF OF THE PETITIONER JOSEPH

05:52 - AMBROSIA OUT.

05:53 - >>AND IF I MAY I'D LIKE TO

05:54 - RESERVE 3 MINUTES FOR REBUTTAL

05:55 - TIME.

05:58 - THANK YOU FOR YOUR CONCISE

05:59 - SUMMARY

06:00 - YOUR HONOR I BELIEVE THAT THE

06:02 - ISSUE PRESENTED BEFORE THE

06:03 - COURT TODAY. REQUIRES THE COURT

06:06 - TO DETERMINE THE APPLICABILITY

06:08 - OF SECTIONS.

06:09 - 2 ONE '02 OF THE MEDICAL

06:11 - MARIJUANA ACT AND TO ONE O 3 B

06:14 - 3. IN COMPARISON TO THE

06:16 - PENNSYLVANIA WORKERS

06:17 - COMPENSATION ACT.

06:20 - THE WITH AT SECTION 2 ONE

06:24 - DOES SET FORTH IN ITS

06:25 - ACKNOWLEDGED BY THE THROUGHOUT

06:28 - THIS CASE AND THROUGHOUT

06:28 - THIS APPEAL THAT INSURERS AND

06:31 - HEALTH PLANS ARE NOT REQUIRED

06:33 - TO PROVIDE COVERAGE UNDER THE

06:35 - MEDICAL MARIJUANA ACT.

06:37 - HOWEVER. HAS ARGUED ARE BRIEF

06:39 - AND AS I LIKE TO DISCUSS

06:40 - FURTHER TODAY. EMPLOYERS ARE

06:43 - NOT EXCLUDED. UNDER SECTION 2,

06:45 - ONE '02 OF THE MEDICAL

06:47 - MARIJUANA ACT AND I THINK THAT

06:48 - THAT'S AN IMPORTANT

06:49 - DISTINCTION HERE BECAUSE IT

06:51 - CANNOT BE DISPUTED THAT THE

06:52 - PENNSYLVANIA WORKERS

06:53 - COMPENSATION ACT REQUIRES

06:54 - EMPLOYERS TO MAKE PAYMENT FOR

06:56 - REASONABLE NECESSARY AND CAUSE

06:58 - OF THE RELATED

06:59 - WORK INJURIES. AND SO BEFORE WE

07:02 - GET THERE CAN YOU TELL US

07:03 - WHETHER THE CLAIMANT EVER

07:04 - SUPPAN SUBMITTED ANY.

07:06 - >>DOCUMENTATION SUPPORTING THAT

07:08 - THIS.

07:09 - WAS A WORK-RELATED INJURY THAT

07:12 - THE MEDICAL MARIJUANA WAS

07:13 - NEEDED FOR THAT WORK RELATED

07:15 - INJURY.

07:16 - >>WELL, YOUR DURING THE CASE IN

07:18 - CHIEF NOT ONLY DID THE CLAIMANT

07:20 - TESTIFY, BUT HE ALSO PRESENTED

07:22 - HIS MEDICAL RECORDS

07:24 - FOR THE WORKERS COMPENSATION

07:26 - JUDGE THAT WHAT YOU'RE SAYING

07:27 - DURING THE CASE IN CHIEF I'M

07:29 - ASKING WHETHER HE EVER PROVIDED

07:30 - HIS EMPLOYER.

07:32 - >>WITH THAT INFORMATION BEFORE

07:34 - DID HE EVER GIVEN

07:34 - DOCUMENTATION. THAT IS DOCTOR

07:37 - EVER DO SO. THE

07:39 - THE DOCTOR.

07:40 - >>THAT PRESCRIBED THE MEDICAL

07:42 - MARIJUANA PRESCRIBE THE MEDICAL

07:43 - MARIJUANA FOR AN INJURY TO

07:45 - MISTER AMBROSE SHOWS

07:47 - RIGHT SHOULDER. THAT

07:49 - INFORMATION WAS IN THE HANDS OF

07:50 - THE WORKERS

07:51 - COMPENSATION JUDGE WHEN HE MADE

07:52 - THAT DECISION I KNOW IT WASN'T

07:54 - GIVEN TO THE EMPLOYER FIRST.

07:56 - >>WAS A GIVEN TO THE EMPLOYER

07:57 - PRIOR TO THE FILING OF THE

07:58 - PENALTY PETITION. YES,

08:00 - I DON'T BELIEVE SO YOUR I DON'T

08:02 - THINK THAT THE RECORD WOULD

08:03 - REVEAL THAT IT WAS GIVEN TO THE

08:04 - EMPLOYER BEFORE THE FILING OF

08:06 - THE PENALTY PETITION. PRIOR TO

08:08 - THE FILING OF THE PENALTY

08:09 - PETITION. THE CLAIMANTS ARE

08:11 - THE PETITIONERS OUT OF POCKET

08:13 - EXPENSES THE RECEIPTS FOR HIS

08:14 - MEDICAL MARIJUANA WERE

08:15 - PROVIDED. TO

08:17 - THE EMPLOYER THROUGH COUNSEL

08:19 - ATTORNEY HOLLABACK AND I HAVE

08:20 - BEEN ON THIS CASE FOR A VERY

08:21 - LONG TIME. BUT THE QUESTION IS

08:22 - HOW'S AN EMPLOYER SUPPOSED TO

08:24 - KNOW THAT SOMETHING IS BEING

08:25 - REACHED

08:26 - WE SUBMITTED.

08:27 - >>FOR WORK RELATED INJURY AND

08:29 - WHAT WORK RELATED INJURY.

08:31 - THERE HAS TO BE SOME

08:32 - DOCUMENTATION.

08:34 - >>I DON'T DISAGREE WITH YOU

08:35 - JUDGE OKAY WHAT WOULD HAPPEN IN

08:37 - THIS CASE, THE FACTUAL

08:38 - BACKGROUND WAS THAT. MISTER

08:39 - AMBROSE SHOWS RECEIPTS FOR

08:41 - MEDICAL MARIJUANA WERE

08:42 - SUBMITTED TO THE EMPLOYER

08:44 - THROUGH THEIR COUNSEL MS.

08:45 - HOLLAND BACK AND IN RESPONSE

08:47 - AND THIS IS IN THE RECORD AT

08:49 - PAGE. I BELIEVE ONE 77 IN THE

08:51 - REPRODUCE RECORD. THE RESPONSE

08:54 - ON BEHALF OF THE EMPLOYER

08:55 - INITIALLY WAS THAT

08:56 - REIMBURSEMENT FOR MEDICAL

08:57 - MARIJUANA WOULD NOT BE MADE

08:59 - BECAUSE THE MEDICAL MARIJUANA

09:00 - ACT DOES NOT REQUIRE INSURER A

09:03 - HEALTH PLAN

09:04 - TO PAY FOR MEDICAL MARIJUANA

09:06 - MISTER KHAN W YOU SAID IN

09:09 - RESPONSE TO JUDGE MCCULLOUGH'S

09:10 - QUESTIONS.

09:12 - >>WITH THAT YOUR CLIENT

09:13 - SUBMITTED INFORMATION KIND OF

09:15 - WAITING THE MEDICAL MARIJUANA

09:18 - TREATMENT TO A WORK-RELATED

09:20 - INJURY TO THE W C J MAKE A

09:22 - FINDING OF FACT WITH REGARD TO

09:24 - THAT.

09:24 - >>HE DID NOT YOUR HONOR THAT'S

09:25 - ACTUALLY GOING TO MAKE THAT

09:27 - REFERENCE THAT SO COULD IS THAT

09:29 - YOU CAN WE MAKE THAT FINDING.

09:31 - WELL WE HAVE TO IN ORDER FOR

09:33 - YOU TO WIN. I DON'T THINK SO

09:36 - JUDGE FOR THIS REASON.

09:38 - JUDGE CUMMINGS THE WORKERS

09:39 - COMPENSATION JUDGE DECIDED THAT

09:41 - MISTER IMBROGLIO WAS NOT

09:42 - ENTITLED TO REIMBURSEMENT

09:44 - BECAUSE HE DID NOT SUBMIT HIS

09:45 - BILLS ON THE REQUIRED A CFA

09:47 - FORMS. I BELIEVE THAT WE SO WE

09:50 - CAN MAKE

09:51 - THAT LEGAL. JACK OK SO WE'VE WE

09:54 - FIND THAT IT'S IT'S PROPER THEN

09:56 - FOR THIS TO

09:56 - BE TREATMENT FOR A WORK-RELATED

09:58 - INJURY. WELL MY MY POSITION IS

10:00 - JUDGING THE EMPLOYER DIDN'T

10:01 - FILE THE APPEAL HERE WE DID IS

10:03 - THAT JUDGE CUMMINGS DID

10:04 - NOT DETERMINE THAT THESE BILLS

10:07 - SUBMITTED FOR THE MEDICAL

10:08 - MARIJUANA WERE NOT RELATED TO

10:10 - THE WORK INJURY.

10:11 - HE DETERMINED THAT THE BILLS

10:12 - WERE NOT SUBMITTED WITH THE

10:13 - APPROPRIATE DON'T WE NEED TO

10:14 - FIND A WAY TO WORK OR WORK

10:16 - INJURY. WE NEED THAT FINDING WE

10:18 - CAN'T MAKE THAT RIGHT AND RIGHT

10:20 - AND I SAID DO WE HAVE TO

10:21 - REMEMBER WELL I

10:22 - THINK THAT YOU DO LIKE I THINK

10:24 - THAT THE QUESTION TODAY.

10:26 - IF YOU DETERMINE THAT UNDER

10:27 - CERTAIN CIRCUMSTANCES WORKERS

10:29 - COMPENSATION INSURANCE CARRIERS

10:31 - WOULD BE RESPONSIBLE TO EITHER

10:33 - PAY FOR OR REIMBURSE INJURED

10:34 - EMPLOYEES FOR.

10:36 - >>MEDICAL MARIJUANA THAT THIS

10:37 - CASE WOULD WARRANT TO AND

10:39 - TO JUDGE COMING TO BECAUSE I

10:40 - DON'T THINK HE EVER DON'T WE

10:41 - HAVE THE REMIT BEFORE WE EVEN

10:43 - GET TO

10:43 - YOUR QUESTION. WELL WE NEED

10:45 - THAT FUNDING BEFORE IT CAN

10:46 - REACH THIS QUESTION BECAUSE WE

10:48 - DON'T KNOW IF IT WERE CRUDE

10:49 - INJURY OR NOT RIGHT WELL, I

10:50 - GUESS THE QUESTION

10:52 - AND YOU GUYS CAN DO IF YOU WANT

10:54 - ON THE OTHER GUY ON THE REMAIN

10:55 - YOU CAN DO THE READING AND

10:57 - WRITING.

10:58 - BUT WHAT THE WORKERS

11:00 - COMPENSATION APPEAL WERE

11:01 - DECIDED IT WOULD BE IT WAS A

11:02 - PURELY LEGAL QUESTION

11:04 - AND WHETHER YOU WANT TO ADDRESS

11:06 - THAT NOW BUT ISN'T THAT AN

11:07 - ADVISORY WAS IN THIS BACK IF WE

11:09 - DON'T HAVE.

11:11 - >>THE FACTS BEFORE US. AND THE

11:14 - FINDINGS ISN'T THAT AN ADVISORY

11:16 - OPINION WHICH WHERE. NOT

11:19 - SUPPOSED TO ENTER WELL.

11:22 - >>I DON'T I DON'T DISAGREE WITH

11:23 - THAT JUDGE, ALTHOUGH I THINK ON

11:24 - THE QUESTION OF LAW THAT THE

11:26 - APPEAL BOARD HAS PUT BEFORE YOU

11:28 - WHETHER ONE OR BOTH OF THE

11:30 - SECTIONS OF THE M M A.

11:32 - PRECLUDE OR EXCUSE AN EMPLOYER

11:34 - FROM PAYING FOR MEDICAL

11:35 - MARIJUANA FOR WORK INJURY.

11:37 - I THINK CAN BE DECIDED.

11:39 - >>AND THEN BECAUSE I DON'T I

11:40 - DON'T KNOW HOW WE AND WITHOUT

11:42 - GIVING LEGAL GUIDANCE TO THE

11:44 - BOARD BECAUSE WE AND THEN WE

11:46 - SAY THAT IS A LEGAL OBLIGATION.

11:50 - AND WE ALL KNOW THAT THERE'S A

11:51 - WORK-RELATED INJURY THIS THE

11:52 - ISSUE IS WHETHER OR NOT THE

11:53 - MEDICAL MARIJUANA WAS FOR THE

11:55 - WORK

11:55 - RELATED INTEREST. SO IF WE RE

11:57 - MANDATE BE A WASTE OF TIME IF

11:59 - WE DON'T GIVE GUIDANCE ON THE

12:01 - LAW I AGREE JUDGE THAT IF YOU

12:03 - MAKE THE DECISION ON THE LAW

12:04 - THIS MAY HAVE TO BE RE MANDATE

12:05 - EITHER TO THE APPEAL BOARD OR

12:06 - MORE APPROPRIATELY TO JUDGE

12:07 - CUMMINGS.

12:08 - >>IS IT IS A BASES OF YOUR

12:09 - ARGUMENT ON THAT THE LEGAL

12:10 - ASPECT OF WHETHER OR NOT

12:12 - EMPLOYERS HAVE TO PROVIDE.

12:13 - >>PAYMENT FOR MEDICAL MARIJUANA

12:15 - IS THAT THERE'S LIKE A HEAD-ON

12:17 - CLASH BETWEEN WORKERS

12:18 - COMPENSATION THAT SAYS YOU HAVE

12:20 - TO PAY FOR NECESSARY MEDICAL

12:23 - TREATMENT AND THEN THE MEDICAL

12:25 - MARIJUANA ACT THAT SAYS YOU'RE

12:26 - NOT REQUIRED BUT HE'S NOT

12:27 - PROHIBIT IT.

12:29 - >>IT'S NOT PROHIBITED AND ALSO

12:30 - YOUR HONOR I DON'T BELIEVE THAT

12:32 - THE MEDICAL MARIJUANA ACT AS

12:33 - WRITTEN.

12:35 - PRECLUDES OR EXCUSES EMPLOYERS

12:37 - FROM PAYING FOR MEDICAL

12:38 - MARIJUANA.

12:39 - >>THEY CAN YOU JUMP ON TO THE

12:40 - NEXT ISSUE ABOUT THE FORM AND

12:43 - THAT.

12:44 - IT DOESN'T REALLY FIT INTO

12:45 - THE FORM OF WHEN YOU SUBMIT

12:47 - BECAUSE I MEAN I UNDERSTAND THE

12:48 - MEDICAL MARIJUANA IS DIFFERENT.

12:51 - AND HOW IT ALL WORKS WHAT

12:52 - DOESN'T LIKE YOU'RE NOT GOING

12:53 - TO THE PHARMACY.

12:54 - YOU'RE NOT HAVING ALL THESE

12:56 - CODES CORRECT ALL THE INSURANCE

12:58 - COMPANIES ALREADY HAVE AND

13:00 - BECAUSE.

13:02 - A LOT OF TIMES THE PATIENTS

13:03 - REALLY HAVE TO GO ONLINE AND

13:05 - FIGURE OUT EXACTLY WHAT KIND OF

13:07 - MEDICAL MARIJUANA. WELL BEST

13:09 - WORK WITH

13:10 - THEIR PAIN. AND THERE'S NO

13:11 - DOCTOR PRESCRIBING OK WILL YOU

13:14 - TAKE THIS CERTAIN STRAND AS

13:15 - OPPOSED TO ANOTHER STRAND.

13:17 - AND SO HOW DO WE CLOSE THAT GAP

13:20 - AND I THINK THAT'S WHERE THE

13:21 - DIFFICULTY IS WITH THE FORM IS

13:23 - BECAUSE MEDICAL MARIJUANA

13:24 - DOESN'T WORK LIKE PRESCRIPTION

13:26 - DRUGS. BUT THE GENERAL ASSEMBLY

13:28 - HAS GIVEN INDIVIDUALS AN OPTION

13:31 - TO GO FOR MEDICAL MARIJUANA

13:32 - TO WORK WITH THEIR PAIN AS

13:34 - OPPOSED TO GOING FOR

13:34 - PRESCRIPTION DRUGS.

13:36 - >>CORRECT AND I THINK JUDGE

13:37 - THAT HAS TO BE BALANCED WITH

13:39 - THE

13:39 - REMEDIAL NATURE OF THE WORKERS

13:41 - COMPENSATION ACT AND THE

13:42 - LIBERAL CONSTRUCTION OF THE

13:43 - WORKERS COMPENSATION ACT THAT'S

13:45 - ALWAYS BEEN

13:46 - REQUIRED.

13:47 - >>SO HOW DO HOW DO WE GET OVER

13:48 - THE BAR THAT.

13:50 - SO YOUR DOCTOR ISN'T TELLING

13:51 - YOU TO GO IN AND BUY STRAND A B

13:54 - AND C

13:55 - AND TO BUY A CERTAIN DOSAGE AND

13:57 - TO TAKE A CERTAIN DOSAGE

13:59 - AS OPPOSED TO PRESCRIPTIONS AND

14:01 - I'M NOT SAYING THAT IT'S BAD

14:02 - I'M JUST SAYING HOW DO WE

14:04 - RECTIFY THE 2 BECAUSE

14:06 - YOU KNOW THE WORLD IS USED TO

14:08 - OPERATING ON PHARMACEUTICALS

14:09 - AND THIS IS TOTALLY DIFFERENT.

14:11 - SO HOW DO WE COVER THAT BRIDGE

14:14 - IN STOWE IF WE LEGALLY

14:16 - AGREE WITH YOU THAT IT IS

14:17 - COVERED UNDER THE WORKERS

14:18 - COMPENSATION THAT WE ENSURE

14:21 - THAT IT IS FOR

14:21 - WORK RELATED AS OPPOSED TO

14:24 - BEING A LOT MORE THC IN THEIR

14:26 - THE POSE TO PAIN RELIEVER IN

14:28 - THE STRAND THAT'S BEING

14:28 - PURCHASED RIGHT.

14:30 - >>AND THAT THAT MAY BE AN

14:31 - ARGUMENT DOWN THE ROAD THAT

14:32 - THAT HAS TO BE RESOLVED AND I'M

14:33 - NOT SURE.

14:34 - >>THAT THIS IS THE CASE

14:35 - TO RESOLVE THAT I QUITE

14:36 - HONESTLY YOUR HONOR I THINK

14:38 - THAT THE DOCTORS ARE GOING TO

14:39 - HAVE TO STEP IN AND MAYBE BE A

14:41 - LITTLE MORE.

14:43 - A LITTLE MORE INFORMATIVE AS TO

14:44 - WHAT THEY'RE PRESCRIBING IS IT

14:46 - RELATED TO THE WORK INJURY, BUT

14:47 - YOU KNOW WHAT I'M SAYING

14:48 - TONIGHT AND NOT ALL DOCTORS IN

14:49 - PENNSYLVANIA OR EVEN LICENSED

14:51 - TO WRITE FOR MEDICAL MARIJUANA,

14:53 - CORRECT YOU HAVE TO PAY YOUR

14:55 - MONEY

14:55 - OVER TO THE COMMONWEALTH IN

14:57 - ORDER TO GET THOSE

14:58 - CERTIFICATION THAT YOU CAN

15:00 - PRESCRIBE, ALTHOUGH THEY'RE NOT

15:02 - REALLY PRESCRIBING SO IT'S THAT

15:03 - THAT'S

15:03 - ANOTHER WHOLE AREA AND THAT'S

15:05 - WHY I THINK AS SOON AS YOU OPEN

15:07 - THE BRIDGE.

15:08 - WE NEED TO HAVE THEIR NEEDS TO

15:09 - BE SOMETHING IN PLACE. RIGHT I

15:12 - DON'T I DON'T DISAGREE WITH YOU

15:14 - AND I THINK THAT THE DOCTORS

15:15 - MAY HAVE TO BE

15:16 - MORE DESCRIPTIVE IN TERMS WHAT

15:18 - THEY'RE PRESCRIBING OR HOW

15:19 - THEY'RE PRESCRIBING I KNOW IN

15:21 - THIS CASE FOR EXAMPLE IN AND

15:23 - ADMITTEDLY MY EXPERIENCE WITH

15:24 - THIS IS LIMITED TO SOME VERY

15:26 - FEW CLIENTS THAT ARE TREATING

15:27 - WITH MEDICAL MARIJUANA

15:28 - WHETHER WORKERS COMPENSATION OR

15:29 - OTHER CASES IN THE WAY THAT

15:30 - THEY'VE DESCRIBED

15:31 - IT IS THEY TRIED VARIOUS

15:33 - STRANDS UNTIL THEY DECIDE WHAT

15:34 - WORKS BEST AND JUST AS MISTER

15:36 - IMBROGLIO EXPLAINING HIS

15:37 - TESTIMONY IN THIS CASE IS THAT

15:39 - HE IS

15:39 - TRIED VARIOUS STRANDS AND AND

15:40 - HAS TAKEN A DIFFERENT WAYS TO

15:42 - TRY TO FIND WHAT WORKS BEST

15:44 - WILL FORTE HE'S

15:46 - SYMPTOMATOLOGY SO WHAT DO WE DO

15:48 - WITH THE WITH THE FORMS I DO

15:49 - AGREE THAT THE FORM IS A REALLY

15:51 - TAILORED FOR

15:53 - MEDICAL MARIJUANA BECAUSE IT

15:54 - DOESN'T WORK THE SAME WAY BUT I

15:56 - DON'T THINK THAT.

15:58 - INDIVIDUALS REBOUND BY

15:59 - SOMETHING THAT WAS CREATED FOR

16:01 - A WHOLE DIFFERENT TYPE OF

16:02 - MEDICATION. MAYBE THERE NEEDS

16:04 - TO BE A NEW FORM MAYBE THERE

16:06 - NEEDS TO BE A NEW FORM OR MAYBE

16:08 - MEDICAL MARIJUANA AT LEAST IN A

16:10 - SITUATION LIKE THIS

16:11 - IS TREATED TRADITIONALLY WHEN

16:13 - CLAIMANTS PAY OUT OF POCKET AND

16:16 - THEN ASK FOR

16:17 - REIMBURSEMENT WHICH IS NOT ALL

16:19 - THAT UNCOMMON IN THE WORKERS

16:20 - COMPENSATION SETTING BECAUSE IF

16:21 - YOU HAVE A DENIED CLAIM

16:23 - WHICH CAN TAKE 9 TO 12 MONTHS

16:25 - TO WORK ITS WAY THROUGH THE

16:25 - SYSTEM. CLIENTS STILL

16:28 - GET TREATMENT AND THEY NEED TO

16:29 - GET TREATMENT IN ORDER TO HAVE

16:30 - A DOCTOR TO TESTIFY ON THEIR

16:31 - BEHALF IF THEY WANT TO

16:32 - ESTABLISH A WORK INJURY

16:34 - SO HAVING EXPENSES TO BE

16:35 - REIMBURSE IS NOT SOMETHING NEW

16:37 - RIGHT AND SO THE EMPLOYER CAN

16:39 - CHALLENGE IT THE SAME WAY AND

16:40 - SAY WELL HEY THIS PARTICULAR

16:41 - STRAND. JUST LIKE THIS

16:43 - PARTICULAR PILL DOESN'T WORK

16:45 - FOR THAT INJURY CORRECT

16:47 - AND WE DO HAVE THE BENEFIT YOUR

16:49 - HONOR THE WORKERS COMPENSATION

16:50 - SYSTEM OF THE UTILIZATION

16:52 - REVIEW PROCESS WHICH CAN BE

16:53 - UNDERTAKEN BY AN EMPLOYER, IF

16:55 - THEY BELIEVE THAT SOMETHING IS

16:56 - NOT REASONABLE OR NECESSARY

16:58 - OR BY AN EMPLOYEE WHICH DOES

16:59 - NOT HAPPEN OFTEN, BUT IT IS

17:00 - AVAILABLE FOR AN EMPLOYEE TO

17:02 - FILE A PERSPECTIVE UTILIZATION

17:03 - REVIEW TO REQUEST IN ADVANCE.

17:06 - WE ARE RULING AS TO WHETHER OR

17:08 - NOT NECESSARILY RULING BUT AN

17:09 - ADVISORY OPINION AS TO WHETHER

17:10 - OR NOT A CERTAIN TREATMENT OR

17:12 - MEDICATION WOULD BE RELATED TO

17:14 - A WORK INJURY. THANK YOU SO

17:16 - TAKE THIS YEAR TO YEAR. WHAT

17:18 - WAS THE TIME.

17:20 - I 38 SECONDS JUDGE MAKE IT

17:21 - QUICK.

17:23 - ISN'T IT YOUR BIRD TO ESTABLISH

17:25 - THAT

17:25 - YOU'RE ENTITLED TO THE BENEFITS

17:27 - IF YOU DON'T PROVIDE THE

17:29 - DOCUMENTATION AT THE WORKERS

17:30 - COMPENSATION JUDGE IS HEARING.

17:33 - >>SENDING IT BACK NOW FOR AND

17:35 - APPEARS TO ME TO BE A SECOND

17:36 - GETTING A SECOND BITE AT THE

17:38 - APPLE. WELL.

17:39 - >>AND THAT'S THAT'S A GOOD

17:40 - POINT I RESPECTFULLY I WOULD

17:42 - SAY I DON'T BECAUSE THE JUDGE

17:44 - DIDN'T DECIDE WHETHER THIS WAS

17:46 - RELATED OR

17:47 - NOT RELATED AND HE WILL NEED

17:49 - DENIED THE PENALTY PETITIONED

17:51 - IT WASN'T A CLAIM PETITION OR

17:52 - SO THERE WILL BE NOTHING THAT

17:54 - WOULD PROHIBIT THE CLAIMANT

17:56 - FROM RESUBMITTING THE

17:58 - SAME BILLS WITH THE FORMS IF

18:00 - IT'S DETERMINED THAT THAT'S

18:01 - REQUIRED. BUT AS JUDGE KOBE

18:03 - MENTION THE QUESTION IS HOW DO

18:05 - WE DO THAT AND DO WE REQUIRE A

18:07 - CLAIMANT WHO IS NOT A

18:08 - MEDICAL PROVIDER WE WANT TO

18:10 - HAVE ACCESS TO THESE FORMS YOU

18:11 - WANT TO HAVE ACCESS TO THE

18:13 - COAST. BUT THE DOCTOR THE

18:14 - PROVIDER SHOULD HAVE SUBMITTED

18:15 - THE FORMS HE COULD SUBMIT THE

18:17 - FORMS UNDER THE ACT

18:18 - WELL THAT WASN'T DONE EITHER

18:20 - QUESTION FOR THE DOCTOR, YOUR

18:21 - HONOR GOES MORE TO WHETHER OR

18:22 - NOT THE DOCTORS BEING PAID

18:25 - UNDER THE WORKERS

18:25 - COMPENSATION ACT FOR THE OFFICE

18:27 - VISIT MISTER IMBROGLIO THE

18:28 - CLAIMANT IS GOING TO THE

18:30 - DISPENSARY AND GETTING THE

18:32 - MEDICAL MARIJUANA ON HIS OWN

18:33 - THE DOCTOR'S NOT THERE WITH HIM

18:34 - OBVIOUSLY

18:35 - FOR THAT TO GET OKAY, I

18:36 - UNDERSTAND BUT WE'RE TALKING

18:37 - ABOUT WHAT AN EMPLOYER REQUIRED

18:39 - TO COVER WHEN.

18:41 - >>WHY HOW AND

18:43 - IN THE SITUATION THEY DIDN'T

18:44 - GET ANY DOCUMENTATION THEY HAD

18:46 - NO IDEA WHAT THIS WAS RELATED

18:47 - TO THEY WERE GETTING REQUESTS

18:49 - FOR SOMETHING THEY THOUGHT WAS

18:50 - ILLEGAL UNDER THE FEDERAL LAW

18:52 - AND THEY SAID NO

18:53 - AND SO THE QUESTION IS WHETHER

18:54 - THEY SHOULD BE LIABLE UNDER A

18:56 - PENALTY PETITION.

18:57 - >>CORRECT WHETHER THEY SHOULD

18:58 - BE LIABLE UNDER A PENALTY

18:59 - THAT'S THE ONLY QUESTION REALLY

19:01 - BEFORE US.

19:02 - WELL WHAT WHEN I FILED A

19:04 - PENALTY PETITION JUDGE I THINK

19:05 - THAT YOU'RE RIGHT I THINK WHEN

19:06 - THE WORKERS COMPENSATION APPEAL

19:08 - BOARD MADE THEIR DECISION TO

19:09 - RECALL THEY AFFIRMED THE

19:11 - WORKERS COMPENSATION JUDGE ON

19:12 - OTHER GROUNDS. SO THE WORKERS

19:15 - COMPENSATION APPEAL WARD.

19:16 - NOT NECESSARILY THE PETITIONER

19:18 - NOR ACTUALLY THE RESPONDENT IT

19:20 - IS THE ENTITY THAT CRAFTED THE

19:22 - ISSUES THAT I THINK ARE HERE

19:23 - BEFORE YOU TODAY AND THAT

19:24 - IS WHETHER SECTION 21 '02 OR 21

19:27 - '03

19:28 - B 3 WERE EXCUSED OR REALLY EVEN

19:30 - EMPLOYER FROM A RESPONSIBILITY

19:32 - OF

19:32 - PAYING FOR REASONABLE NECESSARY

19:34 - AND RELATED MEDICAL TREATMENT

19:35 - FOR WORK INJURY WHETHER IT'S

19:37 - MEDICAL MARIJUANA OR NOT JUST

19:38 - THANK YOU VERY VERY MUCH.

19:40 - THANK YOU.

19:47 - >>GOOD MORNING, YOUR HONOR IT

19:48 - PLEASE THE COURT MY NAME IS

19:50 - BARBARA HOLLENBACH AND I

19:51 - REPRESENT POCONO MOUNTAIN

19:52 - SCHOOL DISTRICT.

19:53 - >>MISTER KHAN OF THE WAY I

19:55 - THINK FROM WHAT I'VE HEARD FROM

19:56 - THE COURT TODAY.

19:57 - THERE IS NO REASON TO FIRST OF

19:59 - ALL REMAINED THIS CASE AND

20:00 - THERE'S EVERY REASON TO AFFIRM

20:02 - THE DECISION

20:03 - WHETHER YOU DO IT ON THE BASIS

20:05 - OF WHAT THE JUDGE DECIDED ON

20:06 - THE BASIS OF WHAT THE WHAT THE

20:08 - BOARD DECIDED. THE FACT OF THE

20:10 - MATTER IS THAT THE WORKERS

20:12 - COMPENSATION ACT REQUIRES NOT

20:14 - ONLY THAT THAT BILLS BE

20:16 - SUBMITTED ON HICFA FORMS PUT

20:19 - THAT ASIDE BECAUSE AS MISTER

20:21 - CONAWAY SAYS IT'S NOT UNUSUAL

20:23 - TO GET RECEIPTS AND THEN HAVE

20:25 - THE CLAIMANT REIMBURSED BY WAY

20:27 - OF

20:27 - A RECEIPT. BUT IN THIS

20:28 - PARTICULAR CASE UNLIKE

20:30 - OTHER CASES. THE THE POCONO

20:33 - MOUNTAIN SCHOOL DISTRICT WAS

20:34 - GIVEN NO MEDICAL INFORMATION

20:36 - SAYING THAT THESE THIS MEDICAL

20:38 - MARIJUANA WAS INDEED PRESCRIBED

20:40 - FOR THE

20:41 - WORK-RELATED INJURY AND THE

20:43 - WORK-RELATED INJURY IS A RIGHT

20:46 - SHOULDER IMPINGEMENT

20:48 - THAT IS WHAT HAS BEEN

20:50 - LITIGATED UP AND DOWN IN OTHER

20:52 - SITUATIONS IN THIS PARTICULAR

20:54 - CASE. AND

20:55 - AND SO WHERE FIRST OF ALL A

20:58 - RIGHT SHOULDER IMPINGEMENT IS

21:00 - NOT REALLY ONE OF THE THINGS

21:01 - FOR WHICH MEDICAL MARIJUANA CAN

21:03 - BE CERTIFIED FOR THAT'S NOT ON

21:04 - THE LIST OF.

21:05 - THANKS AND THEN ONCE

21:07 - THE LITIGATION STARTS AND WE

21:09 - WAS IT IS A PAIN THAT

21:11 - ASSOCIATED SO THAT IS NOT WHAT

21:13 - THE CERTAIN WHAT THE CONDITION

21:14 - WAS THAT WAS CERTIFIED.

21:17 - HEAR WHAT WAS CERTIFIED FOR

21:18 - MEDICAL MARIJUANA HERE WAS A

21:20 - LONG THROW REST STICK NERVE

21:22 - INJURY. THAT IS NOT THE

21:24 - WORK-RELATED INJURY. HE WASN'T

21:26 - CERTIFIED FOR CHRONIC PAIN FROM

21:28 - THE

21:28 - WORK INJURY. HE WAS CERTIFIED

21:31 - FOR A LONG THE REST STICK NERVE

21:33 - INJURY. THAT'S NOT THE WORK

21:35 - INJURY AND SO ONCE WE GOT THE

21:37 - MEDICAL RECORDS NOT A.

21:40 - FUTURE BILLS WERE DENIED ON

21:41 - THAT BASIS WHAT DIFFERENCE

21:43 - BETWEEN THE

21:43 - 2 DIAGNOSES THEY THEY ARE

21:46 - DIFFERENT PARTS OF THE BODY

21:48 - ONCE A RIGHT SHOULDER ONES AT

21:49 - THE RAS TICKNER THAT'S IN THE

21:51 - BACK.

21:52 - THERE HAS BEEN LITIGATION

21:54 - BEFORE IN THIS CASE THAT WAS

21:55 - BEFORE JUDGE CUMMINGS WHERE

21:57 - THERE WERE ALREADY DECISIONS

21:59 - THAT WE WEREN'T RESPONSIBLE THE

22:00 - DEFENDANT WAS NOT RESPONSIBLE

22:02 - TO PAY MEDICAL BILLS

22:03 - FOR A RIGHT SHOULDER ROTATOR

22:06 - CUFF TEAR WHICH THE CLAIMANT

22:07 - ALSO HAS WE WERE RESPONSIBLE TO

22:09 - PAY MEDICAL BILLS FOR A LONG

22:11 - THROUGH ASSET

22:12 - NERVE INJURY. THE WORK-RELATED

22:14 - INJURY WAS RELATED TO A RIGHT

22:16 - SHOULDER IMPINGEMENT AND AND

22:19 - WITHOUT DOCUMENTATION,

22:20 - STAYING EVER THAT THE INJURY

22:23 - FOR WHICH THE MEDICAL CONDITION

22:25 - FOR WHICH THE MEDICAL MARIJUANA

22:26 - WAS CERTIFIED WAS RIGHT

22:28 - SHOULDER IMPINGEMENT DEFENDANT

22:29 - NEVER HAS ANY OBLIGATION TO PAY

22:32 - AND THIS

22:32 - PARTICULAR CASE. THE PIXEL

22:34 - FORMS AND I UNDERSTAND YOUR

22:36 - HONOR WHAT YOU'RE SAYING ABOUT

22:38 - THEM HOW THEY DON'T WORK WITH

22:39 - MEDICAL MARIJUANA BUT ONE OF

22:41 - THE REQUIREMENTS UNDER THE ACT

22:42 - IS THAT A PROVIDER OR A DOCTOR.

22:46 - LET'S SAY.

22:47 - SENDS PERIODIC MEDICAL REPORTS

22:50 - THAT INCLUDED HISTORY.

22:52 - DIAGNOSIS,

22:54 - TREATMENT AND PROGNOSIS WILL

22:57 - THE REASON TO GET A DIAGNOSIS

22:58 - FROM THE DOCTOR

23:00 - IS THAT SO THE EMPLOYER MAKE

23:01 - SURE THEY'RE PAYING FOR THE

23:03 - WORK-RELATED INJURY AND NOTHING

23:05 - ELSE WHEN WHEN RECEIPTS ARE

23:07 - SUBMITTED AND OTHER CASES

23:09 - TYPICALLY THERE'S ALREADY

23:10 - MEDICAL RECORDS THAT REFLECT

23:12 - FOR INSTANCE THAT.

23:14 - >>WAS THE QUEEN TO DO BECAUSE

23:16 - NOT EVERY DOCTOR IN FACT MOST

23:18 - DOCTORS IN PENNSYLVANIA ARE

23:20 - NOT CERTIFIED. 3 MEN DISPENSE

23:24 - IT.

23:25 - TO AUTHORIZE MEDICAL MARIJUANA

23:27 - WELL THE CLAIM IT GOES TO

23:28 - THE DOCK WHO CERTIFIES THAT

23:31 - THEY'RE THEY'RE GETTING.

23:32 - >>MEDICAL MARIJUANA FOR

23:34 - WHATEVER THE CONDITION IS JUST

23:36 - LIKE IN THIS CASE WE EVENTUALLY

23:37 - GOT THE RECORDS FROM

23:39 - THE DOCTOR SAYING ADOPT THIS

23:41 - NOTE FROM THE DOCTOR WITH THE

23:43 - PERSON WENT TO GET MEDICAL

23:44 - MARIJUANA, ONE WHAT WHAT THE

23:46 - ASSESSMENT WAS WHAT THE

23:48 - DIAGNOSIS WAS AND AND WHAT THE

23:51 - MEDICAL MARIJUANA

23:53 - CERTIFIED FOR THAT THAT'S THE

23:56 - CLIMATE RECORD THE CLAIMANT CAN

23:57 - GO GET THAT RECORD FROM THE

23:58 - DOCTOR

23:58 - ANY TIME SO AS WITH ANY TODAY

24:00 - MADE A DETERMINATION THAT BASE

24:02 - IS HOW DID THE BOARD LEAVE ALL

24:04 - THE WAY OVER.

24:05 - >>TO BELIEVE THE ISSUE. THE

24:07 - PAIR IS THAT DOESN'T NEED TO BE

24:09 - ANSWERED BECAUSE

24:10 - THE FIRST QUESTION WAS IT

24:12 - WASN'T WORK RELATED TO WAS A

24:13 - WORK-RELATED I DON'T KNOW THAT

24:15 - JUDGE I CAN'T ANSWER ON BEHALF

24:17 - OF THE I BELIEVE MAY BE THAT

24:19 - THERE ARE A LOT OF THESE CASES

24:20 - IN THE PIPELINE.

24:21 - WE HAPPENED TO BE THE FIRST AND

24:23 - PERHAPS THEY WANTED TO TRY TO

24:24 - GET SOME GUIDANCE FROM THIS

24:25 - COURT. GOING FORWARD.

24:28 - BUT BUT I CAN'T REALLY SPEAK

24:30 - FOR THE BOARD IN THAT REGARD.

24:32 - I PERSONALLY DON'T BELIEVE THAT

24:33 - YOU CAN THAT YOU NEED TO GET TO

24:35 - THE MEDICAL MARIJUANA ISSUE.

24:37 - I THINK ON THE FACTS OF THIS

24:38 - CASE THERE WAS NO VIOLATION OF

24:40 - THE ACT BECAUSE WE DID NOT GET

24:43 - A MEDICAL BEFORE

24:45 - SHOWING WHAT THE MEDICAL

24:46 - MARIJUANA WAS CERTIFIED

24:50 - FOR WORK AND AND SO AT THAT

24:52 - POINT THE EMPLOYER HAS NO

24:54 - OBLIGATION TO PAY UNDER THE ACT

24:56 - WITHOUT THAT INFORMATION

24:57 - BECAUSE IT NEEDS THAT

24:58 - INFORMATION TO DETERMINE

25:00 - WHETHER OR NOT IT WORK RELATED

25:01 - SO COUNTY ARE YOU SAYING THAT.

25:06 - IS DETERMINED TO

25:07 - BE WORK-RELATED THAT THE

25:08 - EMPLOYER WOULD BE RESPONSIBLE

25:10 - TO PAY FOR THEM OUT MEDICAL, NO

25:11 - YOUR HONOR I'M NOT SAYING THAT

25:12 - AT ALL I'M SAYING YOU DON'T

25:13 - REALLY NEED TO GET TO THAT

25:14 - ISSUE IN THIS PARTICULAR CASE

25:16 - BUT CAN YOU ANSWER AND I DON'T

25:18 - BELIEVE THAT UNDER THE MEDICAL

25:19 - MARIJUANA ACT THE EMPLOYER

25:21 - COULD BE REQUIRED TO PAY FOR

25:22 - MEDICAL MARIJUANA HAVE A

25:23 - SPECIFIC QUESTION ON THAT TOPIC

25:25 - IS WELL MY UNDERSTANDING

25:26 - READING THAT BREES IS THAT

25:29 - YOU BELIEVE THAT THE EMPLOYER

25:30 - WILL THEN BE VIOLATING FEDERAL

25:32 - LAW. I DON'T UNDERSTAND WHERE

25:34 - IN THE FEDERAL LAW THE EMPLOYER

25:36 - BELIEVES THAT THERE BE A

25:37 - VIOLATION SHOULD REIMBURSE.

25:39 - >>FOR MEDICAL MARIJUANA.

25:41 - >>UNDER FEDERAL CONTROLLED

25:42 - SUBSTANCES ACT. MEDICAL

25:44 - MARIJUANA IS NOT YOU KNOW THE

25:47 - CIVIC SECTION OF THAT ACT.

25:49 - WELL IT'S A SCHEDULE,

25:50 - ONE DRUG UNDER AND I UNDERSTAND

25:52 - THAT SUBSTANCE IS ACT JUDGE, I

25:54 - DON'T I DON'T HAVE THE SITE IN

25:55 - MY HEAD. BUT THAT'S WHAT I WANT

25:57 - YOU TO POINT TO A SPECIFIC.

26:00 - SECTION AND SAY

26:01 - THIS IS WHAT THE EMPLOYER IS

26:03 - GOING TO BE VIOLATING WHAT WILL

26:05 - BE MY BRIEF TALKS ABOUT THE

26:07 - FACT THAT IT WOULD VIOLATE THE

26:09 - AIDING AND ABETTING SECTION.

26:14 - >>CONTROLLED SUBSTANCES ACT THE

26:16 - THIS

26:17 - SCHEDULE ONE IS 21 USC A

26:20 - SECTION 8.12 C SCHEDULE ONE

26:24 - C 10 MARIJUANA IS A SCHEDULE

26:26 - ONE DRUG.

26:30 - >>THE FEDERAL PROSECUTION CAN

26:32 - BE DIRECTED AGAINST

26:33 - THE PRINCIPLE WHO IS DEFINED BY

26:35 - THAT ACT OR DEFINED THE

26:37 - CRIMINAL CODE AS AN INDIVIDUAL

26:40 - WHO COMMITS AN OFFENSE AGAINST

26:41 - THE

26:41 - UNITED STATES OR AIDS ABETS

26:44 - COUNSELS COMMAND INDUCES OPRAH

26:46 - CURATORS ITS COMMISSION

26:48 - WHICH IS 18 USC A SECTION

26:51 - 2 A AND IT ALSO TALKS ABOUT THE

26:54 - FACT THAT WHOEVER WILLFULLY

26:55 - CAUSES A NECK TO BE DONE

26:57 - WHICH WOULD DIRECTLY PERFORMED

26:58 - BY HIM

26:59 - OR ANOTHER WOULD WE HAVE AN

27:01 - OFFENSE AGAINST THE UNITED

27:02 - STATES IS PUNISHABLE AS A

27:04 - PRINCIPAL, SO SO COUNCIL.

27:06 - >>YOU'RE

27:08 - >>THE AIDING AND ABETTING.

27:11 - AS I UNDERSTAND THAT IS FOR

27:14 - PERSPECTIVE ACTION. HERE ARE

27:16 - JUST WRITING A CHECK TO

27:18 - REIMBURSING. I WAS

27:20 - THAT AD I WOULD YOU AISD.

27:24 - TO RIGHT AWAY THAT LAW

27:26 - BECAUSE IF YOU TAKE

27:27 - THAT JUSTIN AND IN EVERY

27:29 - INDIVIDUAL THING UNDER THE

27:30 - WORKERS COMPENSATION ACT.

27:32 - >>THERE WOULD BE NOTHING TO

27:33 - PREVENT THE THE DISPENSARY FROM

27:37 - SENDING IN ABOUT.

27:40 - AND SHOW THAT POINT ON

27:41 - PAYING FOR MEDICAL MARIJUANA

27:43 - DIRECTLY TO THE

27:46 - CASH WELL, THE CLAIMANT NEEDS

27:48 - TO PAY CASH. I UNDERSTAND THAT

27:51 - I I HAD HIM AND ABETTING HIM IN

27:54 - HIS POSSESSION OF MARIJUANA

27:55 - WHICH WAS A

27:57 - FACT HAS THE QUEEN OF ALL READY

28:01 - >>YES, I'M

28:01 - SURE YOU NOT BUY MEDICAL IN THE

28:14 - I BACK UP AGAIN

28:16 - THAT ABOUT.

28:16 - >>I'M BACK UP SO HE CAN GO

28:23 - >>JUST A CRIME PUNISHABLE THIS.

28:26 - YOU CAN GO OUT AND YOU

28:27 - COULD BUY I SOON WHAT YOU COULD

28:29 - BUY SHOES. WHAT IS GOING TO USE

28:31 - THAT

28:35 - ALREADY BEEN PURCHASED.

28:37 - YOU'RE JUST REMEMBER SEEING HIM

28:39 - BUT THAT DOESN'T I DON'T THINK

28:40 - THAT LETS ME OFF THE HOOK IF

28:42 - YOU IF THE JUDGE WHO DIRECTS ME

28:45 - TO PAY.

28:46 - >>FROM MEDICAL MARIJUANA.

28:48 - THEN THEN I'M BEING FORCED TO

28:51 - PAY FOR IT AS OPPOSED TO IT

28:54 - BEING PERMISSIBLE AND THEN

28:55 - I THINK I'M INVITE THE

28:57 - THE EMPLOYERS IN VIOLATION OF

28:59 - THE CONTROLLED SUBSTANCE 2

29:00 - COUNTS I THINK THAT IS ACTUALLY

29:01 - THE THE

29:02 - ACT ALSO ACTUALLY SET OUT THAT

29:05 - THAT WHAT THE ACTUAL CRIME IS

29:06 - IS THE MANUFACTURE THE

29:08 - DISTRIBUTION AND DISPENSING OF

29:10 - MARIJUANA.

29:11 - >>THAT IS WHAT THE CONTROLLED

29:13 - SUBSTANCE ACT WAS ALSO COVERS

29:15 - AND POSSESSION, I BELIEVE YOUR

29:16 - HONOR.

29:18 - MANUFACTURE DISTRIBUTE OR

29:20 - DISPENSE I THINK THERE'S OTHER

29:22 - PROVISIONS THAT TALK ABOUT

29:23 - POSSESSION AND THEN THE

29:25 - RECESSION BUT THERE IS NO

29:26 - POSSESSION THERE IS NO

29:28 - POSSESSION IN THE BACK SCENARIO

29:30 - THAT WE'RE TALKING ABOUT WITH

29:32 - REGARDS TO REIMBURSEMENT WELL I

29:34 - I DON'T

29:34 - NECESSARILY AGREE WITH THAT

29:36 - JUDGE IT IF MY EMPLOYER IS

29:38 - REQUIRED TO PAY FOR

29:39 - MEDICAL MARIJUANA.

29:41 - THAT COUNCIL YOU'RE NOT PAYING

29:42 - FOR MEDICAL MARIJUANA TO

29:46 - CASHLESS POINT IN TIME.

29:48 - >>BUT I AM REIMBURSING FOR

29:51 - MEDICAL MARIJUANA. SO I AM

29:54 - IN FACT PAYING FOR MEDICAL

29:56 - MARIJUANA BE IT WORKED

29:58 - TO THE CLAIMANT WERE FORCED

29:59 - BACK INTO THE DISPENSARY SO

30:01 - COUNCIL I'M ASKED THE QUESTION.

30:04 - CAN

30:04 - THIS COURT. NOW

30:06 - OBVIOUSLY WE DON'T HAVE A

30:08 - SPECIFIC RULING OUT THERE YOU

30:10 - WOULD HAVE CITED TO YOU WOULD

30:11 - BE ARGUING IT.

30:16 - AN EMPLOYER. I'VE BEEN IN A

30:20 - BETTER IMPACT. I DON'T BELIEVE

30:22 - SO YOUR HONOR AND AND IN FACT

30:24 - IN THIS CASE PART OF THAT

30:25 - PROBLEM IS GIVEN THE FACT THAT

30:27 - THE MARIJUANA WAS CERTIFIED.

30:31 - THE MARIJUANA IN THIS CASE WERE

30:33 - CERTIFIED FLORIDA. FOR THE

30:36 - RIGHT SHOULDER IMPINGEMENT

30:38 - IT WOULD ACTUALLY BE A

30:39 - VIOLATION OF FEDERAL LAW IT

30:41 - WOULD BE A VIOLATION OF THE

30:42 - STATE HOUSE REALLY WAS HONORED

30:44 - TO MEAN THAT THE ACTION IS.

30:46 - >>WHY IS HIS ACTUAL HERE.

30:48 - I DON'T THINK THAT'S I'M PRETTY

30:51 - CERTAIN.

30:52 - I STILL THINK THAT THIS STILL

30:54 - COULD BE SOME STATE RIGHTS TO

30:56 - REGULATE THIS WELL, BUT THEY'RE

30:58 - ON THE ON A CONTROLLED

31:00 - SUBSTANCE ACT.

31:02 - I AM BY NO MEANS A

31:03 - CONSTITUTIONAL LAW EXPERT AND I

31:05 - DO NOT MAKE ANY PRETENSION IN

31:06 - THAT REGARD YOUR HONOR, BUT MY

31:09 - UNDERSTANDING IS THAT THAT THE

31:13 - FEDERAL

31:13 - LAW PREEMPTS STATE LAW NOT ON

31:16 - TIME NOT ALL THE TIME I

31:18 - UNDERSTAND THAT CAME UNDER I

31:19 - WOULD NOTE THAT UNDER THE

31:20 - PENNSYLVANIA MEDICAL MARIJUANA

31:22 - ACT WHERE THE COMMUNITIES ARE

31:25 - SET WORTH WHICH IS WHAT CITED

31:26 - IN THE

31:27 - GAS CASE. EMPLOYERS ARE NOT ONE

31:30 - OF THE PEOPLE WHO ARE IMMUNE

31:31 - FROM PROSECUTION IN

31:33 - PENNSYLVANIA.

31:36 - YOU TALK ABOUT USE

31:37 - NOT PAYMENT. WELL, THE GAS CASE

31:39 - TOE WITH WHETHER PROBATIONERS

31:41 - BUT COULD COULD BE PROHIBITED

31:44 - FROM USING.

31:46 - MEDICAL MARIJUANA AND WHAT THE

31:48 - COURT LOOKED AT WAS THERE'S A

31:51 - SECTION REGARDING THE

31:52 - IMMUNITIES OF WHO IS NOT WE

31:54 - CANNOT BE PROSECUTED.

31:56 - >>SO IT'S THE DISTRIBUTORS THE.

32:01 - >>THE HEALTH CARE PROVIDERS

32:02 - TO CERTIFY

32:04 - THE USER. THE THE

32:06 - MANUFACTURERS, BUT WHO IS NOT

32:08 - ON THAT LIST IS AN EMPLOYER.

32:10 - BUT IT IS RELATED TO USE NOT

32:12 - PAYMENT. IT'S A YOU KNOW TO ME

32:14 - IT'S RELATED TO MANUFACTURE.

32:17 - IT'S RELATED TO THE DISPENSARY

32:19 - TO GET PAID SHE WAS

32:22 - THE USE OF PROBATION OR BE ABLE

32:25 - TO USE.

32:26 - >>THE MEDICAL MARIJUANA AROUND

32:28 - PROBATION, CORRECT.

32:29 - ALL RIGHT.

32:30 - >>SO MY EARLIER QUESTION TO

32:31 - WHICH SAYS TO ME IF WE

32:33 - INTERPRET THE ACT WHICH I DON'T

32:34 - EVEN KNOW IF WE MOVE TO GET

32:35 - THERE BUT BASED ON THE FACTS OF

32:37 - THIS CASE

32:38 - ABOUT THAT SPECIFIC INJURY AND

32:40 - NO DOCUMENTATION BEING PROVIDED

32:42 - EVEN FOR WORK TO GET THERE AND

32:43 - IT WASN'T AN ADVISORY OPINION

32:48 - HE PRAYERS,

32:49 - NOT LIABLE. THIS ISN'T THIS

32:52 - ISN'T USE. THIS IS AN AD IN

32:53 - THE BETTING. I'M GOING BACK TO

32:55 - MY ORIGINAL QUESTION TO YOU

32:57 - WHICH IS THAT.

32:59 - OBSERVE YOU BY OUR RULING ON

33:01 - THE MATTER GOVERNMENT

33:02 - COMING AGAINST THE U.S.

33:04 - EMPLOYER, I DON'T BUY A RATION

33:08 - TO GET MIGHT SAY AND I

33:09 - UNDERSTAND THAT IS YOUR

33:11 - POSITION. YES, YOUR HONOR I

33:13 - DON'T BELIEVE THAT YOU CAN

33:14 - ABSOLVE ME OF A PROSECUTION BY

33:16 - THE FED REPORT

33:18 - IN THIS CASE IT IF THE

33:19 - MARIJUANA WAS RECOMMENDED FOR

33:22 - USE FOR THE RIGHT SHOULDER

33:24 - IMPINGEMENT THE CLAIMANT AND

33:26 - THE DOCTOR WHO CERTIFIED IT

33:27 - WOULD ALSO BE IN VIOLATION OF

33:29 - THE PENNSYLVANIA, A CONTROLLED

33:31 - SUBSTANCE TO THE ACT

33:32 - BECAUSE RIGHT SHOULDER

33:34 - IMPINGEMENT IS NOT ONE OF THE

33:36 - CONDITIONS FOR WHICH MEDICAL

33:37 - MARIJUANA CAN BE CERTIFIED.

33:39 - SO.

33:40 - >>SO THE USE WOULD BE ILLEGAL

33:42 - ALL AROUND.

33:48 - >>THANK YOU VERY MUCH.

33:52 - AND YOU HAVE HERE

33:52 - 3 MINUTES.

33:54 - >>THANK JUST BRIEFLY REBUT SOME

33:55 - OF THE THAT REPRESSION

33:57 - AND IT.

33:58 - >>AS PRIORS THE PRESCRIPTION

34:00 - THAT WAS WRITTEN BY THE DOCTOR

34:02 - FOR MEDICAL MARIJUANA AND THE

34:03 - BASIS FOR THEIR PRESCRIPTION.

34:06 - >>THE BASIS FOR THE

34:07 - PRESCRIPTION IN THIS CASE FOR

34:08 - MISTER AMBROSIA YES.

34:10 - THE BASIS FOR THE PRESCRIPTION

34:11 - AND IN THIS CASE THE MEDICAL

34:13 - RECORDS I DO REFERENCE. THE

34:15 - SICK NERVE INJURY.

34:18 - MISTER DOES SUFFER FROM

34:20 - CHRONIC PAIN AS A RESULT OF THE

34:21 - SHOULDER INJURY THAT HE'S HAD

34:23 - SINCE 1998 AND HIS MEDICAL

34:26 - RECORDS ADMITTEDLY HAVE BEEN I

34:28 - WOULD. SO I WOULD SAY ALL OVER

34:30 - THE BOARD

34:31 - AS TO WHETHER OR TREATMENT HAS

34:32 - BEEN RELATED TO THE RIGHT

34:34 - SHOULDER IMPINGEMENT THE

34:35 - ROTATOR

34:36 - CUFF INJURY. THE LONGER THERE'S

34:39 - NO MEDICAL DOCUMENTATION

34:41 - SUBSTANTIATING THE

34:42 - USE OF.

34:43 - >>THE MEDICAL MARIJUANA FOR

34:44 - THEIR WORK RELATED INJURY

34:46 - DOESN'T THAT IN THE STORY.

34:47 - >>WELL I BELIEVE THAT THE THE

34:49 - MEDICAL RECORDS SUBSTANTIATE

34:50 - THAT MISTER IMBROGLIO DOES

34:51 - SUFFER FROM

34:52 - CHRONIC PAIN.

34:53 - >>YOU KNOW YOU GOT, BUT I

34:55 - UNDERSTAND THAT I DON'T DENY

34:56 - THAT RIGHT, BUT MY

34:57 - CONCERN IS DOESN'T THAT CLAIM

35:00 - IS STILL HAVE AN OBLIGATION TO

35:01 - SHOW THAT THE DOCTOR PRESCRIBED

35:03 - MEDICAL MARIJUANA FOR THAT

35:05 - PARTICULAR WORK-RELATED INJURY.

35:07 - >>HE DOES AND HE DOES FOR

35:08 - CERTAIN OF THE AT LEAST FOR

35:09 - CERTAIN OF THE PRESCRIPTIONS

35:11 - THAT WERE ARE CERTAIN OF THE

35:12 - RECEIPTS THAT WERE SUBMITTED

35:13 - FOR REIMBURSEMENT WELL THAT

35:15 - THAT IS A DOCTOR'S NOTE.

35:16 - >>THE DOCTOR CERTIFYING THAT

35:18 - THE MEDICAL MARIJUANA IS FOR

35:19 - THAT USE I'M NOT SAYING THAT I

35:21 - UNDERSTAND THOSE RECEIPTS

35:23 - RIGHT BUT WHEN YOU FIRST GET

35:25 - YOUR PRESCRIPTION MEDICAL

35:26 - MARIJUANA CARD THEY'RE THE

35:28 - REASON FOR WHY YOU RECEIVE THE

35:29 - MEDICAL MARIJUANA CARD RIGHT

35:31 - AND SO WE DO AS A NATION IN FOR

35:33 - A DIFFERENT INJURY NOT THE

35:35 - WORK-RELATED INJURY BATTERS

35:37 - EMPLOYER EVER

35:38 - KNOW THAT. NOW THE DOCTOR

35:39 - AGREES THAT MEDICAL MARIJUANA

35:41 - SHOULD BE USED FOR THE WORK

35:42 - RELATED INJURY.

35:45 - I DON'T I DON'T DISAGREE WITH

35:46 - THE JUDGE SAID THERE'S NO

35:47 - DOCUMENTATION TO SUBSTANTIATE

35:49 - THE THAT THE DOCTOR PRESCRIBED

35:51 - MEDICAL MARIJUANA FOR THEIR

35:52 - WORK RELATED INJURY FOR THE

35:54 - RIGHT SHOULDER. IMPINGEMENT

35:55 - THERE'S NO MEDICAL

35:55 - DOCUMENTATION

35:56 - OF THAT I'M THE ONLY POINT I

35:58 - LIKE TO MAKE IS WHEN WE

35:59 - SUBMITTED THE FIRST ROUND OF

36:00 - RECEIPT WHICH WAS THE BASIS FOR

36:02 - THE INITIAL.

36:03 - >>PENALTY PETITION IN THIS

36:04 - MATTER THAT WAS NOT RAISED AS A

36:06 - REASON FOR DENIAL REASON FOR

36:08 - THE DENIAL WAS

36:09 - THAT INSURERS ARE NOT REQUIRED

36:11 - TO PAY FOR MEDICAL MARIJUANA

36:12 - UNDER THE WORKERS COMPENSATION

36:14 - ACT. SO DO WE NEED TO REMEMBER

36:15 - THAT. FORD TO BE CLEAR THAT

36:18 - THERE'S NO DOCUMENTATION TO

36:20 - SUBSTANTIATE THE WORK-RELATED

36:22 - INJURY IN THE MEDICAL

36:23 - MARIJUANA. WELL, THE JUDGE

36:24 - NEVER MADE THAT DECISION.

36:27 - ALTHOUGH I THINK IT CAN BE

36:28 - ARGUED THAT HE DID BECAUSE THE

36:29 - JUDGE NEVER SAID THE MEDICAL

36:30 - MARIJUANA WASN'T RELATED AND

36:32 - THE EMPLOYER NEVER APPEALED THE

36:33 - JUDGE'S DECISION ONLY THE

36:34 - PETITIONER AND THE DENIAL WAS

36:36 - BASED UPON THE

36:37 - FORMS NOT ON RELATED MISTER

36:39 - UNRELATED NESBIT WORK IT MAY BE

36:41 - AN ACKNOWLEDGEMENT THERE'S NO

36:42 - DOCUMENTATION SHOWING THAT A

36:44 - DOCTOR RECOMMENDED OR PRESCRIBE

36:46 - MEDICAL MARIJUANA FOR THE

36:47 - WORK-RELATED INJURY WHERE DO WE

36:48 - GO FROM THERE. WE HAVE YOU EVER

36:50 - PREVAIL.

36:53 - WELL I I THINK THAT WE HAVE TO

36:55 - ADDRESS THAT THROUGH MEDICAL

36:56 - TESTIMONY IS THE WAY THAT WE

36:57 - HAVE TO ADDRESS IT IF IT TURNS

36:58 - OUT THAT HE CAN BE REIMBURSED

36:59 - FOR THESE PRESCRIPTIONS BUT

37:01 - REQUIRES FURTHER PROVED

37:02 - THEN WE HAVE TO ADDRESS THAT

37:03 - WITH THE DOCTOR'S MEDICAL

37:04 - TESTIMONY THAT WASN'T FOR THE

37:05 - CLAIMANTS OBLIGATION FROM THE

37:06 - VERY BEGINNING. I'M THE

37:09 - PENALTY PETITION. IT WASN'T

37:10 - THAT WELL. I GUESS YOU CAN SAY

37:12 - THAT IT WAS JUDGE, ALTHOUGH

37:14 - THIS WAS NOT A

37:14 - CLAIM FOR ANY TYPE OF WAGE

37:17 - THEIR EMPLOYER. THE EMPLOYEE

37:18 - WAS NOT REQUIRED TO SUBMIT

37:19 - A DEPOSITION OR A DOCTOR'S

37:21 - TESTIMONY IN THE CASEY WAS

37:22 - ALLOWED TO HER. WE'RE LIVE ON

37:24 - THE DOCTOR'S RECORDS WHICH IS

37:26 - WHAT HE

37:26 - DID IT IT MAKES IT MORE

37:27 - CHALLENGING HERE BECAUSE THIS

37:28 - IS A WHOLE NEW AREA OF HOW

37:30 - TO TREAT. MEDICAL CONDITIONS

37:33 - AND SO IS NOT FORMS IS NOT

37:34 - DOCTORS THERE IS NO AVENUE

37:37 - WAR INDIVIDUAL POWER BECAUSE

37:39 - THEY'RE ALL EXPLORING THE NEW

37:40 - TERRITORY, CORRECT CORRECT

37:43 - AND I KNOW I'M JUST ABOUT OUT

37:44 - OF TIME THE ONLY THING THAT I

37:45 - LIKE TO TO

37:46 - BRING UP TO THE COURT'S

37:47 - ATTENTION BECAUSE THIS WAS A

37:48 - CASE THAT CAME OUT AFTER MY

37:49 - BRIEF WAS SUBMITTED. THERE IS A

37:52 - THE HAGER CASE OUT OF

37:53 - NEW JERSEY TO 47.

37:57 - A 3RD 8.64.

38:00 - IN WHICH THE A NEW JERSEY

38:01 - APPELLATE COURT. THAT AND IN AN

38:05 - EMPLOYER, WE

38:06 - CAN REIMBURSE AN INJURED WORKER

38:08 - FOR OUT OF POCKET MEDICAL

38:10 - EXPENSES AND NOT BE IN

38:11 - VIOLATION OF THE FEDERAL

38:13 - CONTROLLED SUBSTANCES ACT SO

38:15 - I I KNOW IT'S NOT BINDING ON

38:16 - YOU, BUT I WOULD OFFER DASHED

38:17 - AS PERSUASIVE AUTHORITY.

38:19 - THANK YOU VERY IT JUST HAS ONE

38:21 - FOLLOW-UP QUESTION IN YOUR

38:23 - BRIEF YOU SAY TO WORKERS

38:24 - COMPENSATION JUDGE'S OPINION.

38:27 - >>DECISION CAIN PERSONS BAY

38:30 - HEALTH CARE. YOU KNOW THATS

38:32 - BEEN APPEALED TO

38:33 - THE BOARD.

38:34 - >>IT'S MY UNDERSTANDING YOUR

38:35 - HONOR AND I DID TALK TO ONE OF

38:37 - THE ATTORNEYS INVOLVED IN THAT

38:38 - CASE IS THAT THE CASE SETTLED.

38:39 - OKAY, SO I DON'T THINK THERE

38:41 - WAS

38:41 - ANY FURTHER ACTION TAKEN ON

38:43 - THAT AFTER THE EU ARE DECISION

38:45 - WE LOOK TO SEE IF HE'S IN FRONT

38:46 - OF THIS COURT AND WE DIDN'T

38:47 - FIND IT OFF. YEAH I HAPPEN TO

38:50 - KNOW THE DEFENSE ATTORNEY

38:50 - INVOLVED IN THAT CASE SO I

38:51 - REACHED OUT TO HIM AND HE TOLD

38:53 - ME THAT I DON'T

38:55 - KNOW THAT EVERYTHING TO SETTLE

38:56 - HAS BEEN PROCESS BUT IT APPEARS

38:58 - ON AGREEMENTS IN PLACE WHERE

38:59 - THAT'S NOT GOING TO GO ANY

39:00 - FURTHER BUT THANK YOU COUNCIL.

39:02 - WELL ARGUE, THANK YOU VERY VERY

39:03 - MUCH. THANK YOU.

39:15 - NEXT ON OUR LIST.

39:18 - WILL BE NUMBER 26.

39:21 - I'VE BEEN HERE CONGREGATION OF

39:22 - JEHOVAH'S

39:23 - WITNESSES PETITIONER.

39:24 - >>I PERSIST THE COMMONWEALTH OF

39:26 - PENNSYLVANIA DEPARTMENT OF

39:28 - HUMAN SERVICES RESPONDED.

39:36 - I DIDN'T HEAR CONGREGATION, A

39:38 - RELIGIOUS ORGANIZATION. HE'S

39:40 - CONGREGATIONS ARE LED BY GROUPS

39:42 - OF VOLUNTEER ELDERS AND

39:44 - SUPPOSE. 2 OTHER RELIGIOUS

39:47 - DENOMINATIONS.

39:50 - WE'RE LED BY AS.

39:52 - FUN AND LED BY A SINGLE PAID

39:54 - SPIRITUAL ADVISOR SEEKS A

39:56 - DECLARATION FROM THIS COURT

39:58 - THAT THEIR ELDERS ARE ENTITLED

40:00 - TO THE PROTECTIONS OF THE CHILD

40:01 - PROTECTIVE SERVICES LAW.

40:03 - UNDER WHICH CONFIDENTIAL

40:05 - COMMUNICATIONS

40:06 - TO CLERGYMEN I EXAMINED FROM

40:08 - THE MANDATORY REPORTING

40:09 - PROVISIONS OF THE LAW.

40:11 - PETITIONER HAS FILED A MOTION

40:13 - FOR SUMMARY JUDGMENT BY DOING

40:15 - THAT AS A MATTER OF LAW.

40:17 - COULD HUMAN PRIVILEGE APPLIES

40:19 - TO THE ELDERS OF

40:20 - IVY HILL AND THEREFORE THEY MAY

40:22 - AVAILED THEMSELVES OF THE

40:23 - EXEMPTION TO THE MANDATORY

40:25 - REPORTING PROVISIONS OF THE

40:27 - CHILD PROTECTIVE SERVICES LAW

40:28 - AS CIRCUMSTANCES WARRANT.

40:31 - THE ALTERNATIVE PETITIONER

40:34 - ARGUES THAT THE CHILD

40:35 - PROTECTIVE SERVICES LIES

40:36 - UNCONSTITUTIONAL AS APPLIED TO

40:38 - JEHOVAH'S WITNESSES.

40:40 - WHAT IS THE POSITION OF THE

40:41 - RESPONDENT DEPARTMENT A FEW

40:43 - HUMAN SERVICES THAT THIS COURT

40:45 - SHOULD DECLINE TO HEAR THIS

40:47 - MATTER BECAUSE THERE ARE NO

40:48 - ANTAGONISTIC CLAIMS PRESENT

40:50 - BETWEEN MEN AND PETITION OR

40:52 - WHICH WOULD RESULT IN

40:53 - IMMINENT LITIGATION SUCH THAT

40:55 - THE REQUEST A DECLARATION

40:57 - SIGNED BY PETITIONER AMOUNTS TO

40:59 - NOTHING MORE THAN A REQUEST FOR

41:00 - AN ADVISORY OPINION.

41:02 - THE DEPARTMENT POSITS THAT IF

41:04 - THIS QUITE WISHES TO UNDERGO A

41:06 - STATUTORY ANALYSIS OF THE

41:08 - CLERGY COMMUNIQU AND PRIVILEGE

41:10 - TO DETERMINE IF THE PETITIONER

41:12 - IS A MEMBER OF THE CLERGY.

41:14 - IT DOES NOT TAKE A POSITION ON

41:15 - THAT QUESTION.

41:16 - HOWEVER, THE DEPARTMENT

41:17 - MAINTAINS THAT THIS COURT DOES

41:19 - NOT HAVE JURISDICTION TO ENTER

41:21 - A DECLARATION

41:21 - AGAINST IT AS TO WHETHER OR NOT

41:24 - THE ELDERS AND IT HELD

41:25 - CONGREGATION. OUR MEMBERS OF

41:27 - CLERGY AS EMBODIED BY THE

41:29 - CLERGY COMMUNIQU AND PRIVILEGE.

41:33 - FOR THE PETITIONER.

41:36 - >>GOOD MORNING, YOUR

41:37 - YOUR HONOR'S MAY IT PLEASE THE

41:38 - COURT MY NAME IS MATT

41:40 - HAVERSTICK AND I REPRESENT THE

41:42 - IVY HILL CONGREGATION OF

41:44 - JEHOVAH'S WITNESSES.

41:46 - I'M AND BEFORE YOU BEGIN THAT

41:48 - YOU'D LIKE TO RESERVE ANY

41:49 - REBUTTAL I WOULD LIKE TO

41:50 - RESERVE 2 MINUTES. THANK YOU

41:51 - OKAY CERTAINLY THERE THERE'S A

41:53 - SEMINAL QUESTION IN FRONT OF

41:55 - THE COURT.

41:56 - AND THAT IS BEING AND

41:58 - I BELIEVE IS IS DESIRED

42:00 - DESERVING OF AN AFFIRMATIVE

42:01 - ANSWER FROM THE COURT SAME

42:02 - QUESTION THAT WAS RAISED TO

42:04 - ABOUT A YEAR AGO IN THE SUMMARY

42:06 - RELIEF APPLICATION AND THE

42:07 - QUESTION IS WE ARE BUILDERS OF

42:10 - JEHOVAH'S WITNESS FAITH

42:11 - ENTITLED TO THE PROTECTION.

42:15 - THE CBSL.

42:18 - THE COURT HUMAN PRIVILEGE

42:19 - INDEPENDENT A PRIVILEGE AND THE

42:20 - ANSWER AGAIN I BELIEVE

42:21 - IS YES I HAVE A QUESTION

42:23 - BECAUSE I KNOW I GET CONCERNED

42:25 - THAT TYPICALLY WHEN YOU COME

42:26 - INTO COURT.

42:28 - >>THE PURPOSE IS TO ASCERTAIN

42:31 - THE TRUTH.

42:33 - IT IS

42:34 - THE ANTAGONISTIC PARTY AND THE

42:36 - OTHER SIDE OF THE DEAL JUST

42:37 - DOESN'T REALLY SEEM TO BE

42:39 - OPPOSING. IT DOESN'T TAKE

42:41 - BECAUSE THEY DON'T TAKE

42:42 - A POSITION ABOUT WHETHER OR NOT

42:45 - AND WHETHER IT IS A CLERGY

42:47 - ENTITLED TO THE PROTECTION SO

42:49 - HOW DO WE TEST THE TRUTH OF

42:51 - THAT. WELL YOUR HONOR FIRST OF

42:53 - ALL I THINK THE COURT CAN

42:55 - EXAMINE THE UNDISPUTED

42:57 - FACTUAL RECORD AND RECALL AFTER

42:59 - AFTER THAT SOME RELIEF

43:00 - APPLICATION WAS FILED IN THE

43:02 - DAY THE CORRESPONDING A

43:03 - MEMORANDUM OPINION OF LAST

43:04 - JUNE.

43:05 - THE COURT BELIEVED TO BE THE

43:07 - FACT RECORD BEFORE TO TO TO

43:09 - JUDGE WHETHER THE ASSERTIONS

43:11 - ABOUT THE FAITH

43:13 - WERE ACCURATE AND AND THAT

43:15 - HAPPENED. THERE WAS DISCOVERY.

43:17 - JUST PATIENT BY THE DEPARTMENT

43:19 - AND THE OFFICE OF ATTORNEY

43:19 - GENERAL AND WHAT I CONSIDER TO

43:21 - BE A ROBUST

43:22 - AND UNDISPUTED THAT RECORD WAS

43:24 - PRODUCED AND IT'S BEFORE THE

43:26 - COURT NOW IT'S TRUE THAT THE

43:28 - DEPARTMENT HAS NOT.

43:31 - CONTESTED ANY OF THESE FACTS

43:32 - AND IT'S TRUE THAT I APPARENTLY

43:34 - THE DEPARTMENT DOESN'T PAY TAKE

43:35 - A POSITION ON THE MERITS OF THE

43:38 - PROTECTION OF THAT. THE

43:40 - PENITENTIAL PRIVILEGE, BUT

43:41 - THAT'S THE THAT'S THAT'S THE

43:42 - PROBLEM AND THAT'S

43:43 - THE ADVERSITY WE KNEW THAT THE

43:45 - DIP INTO THE NIGHT THAT THEY'RE

43:46 - NOT CONTESTING AND THEY'RE NOT

43:48 - COUNTING. IT THAT'S YOU KNOW

43:50 - THE RUBBER MEETS THE ROAD IS

43:51 - LIKE. WOULD BE THE RIGHT

43:53 - PARTY TOO CONTESTED TO

43:55 - CHALLENGE IT TOO DETERMINE BEEN

43:58 - ADMITTED THAT

43:59 - WE DON'T REALLY KNOW WHAT I

44:00 - UNDERSTAND THAT THE UAW AGREED

44:02 - ON AN AFFIDAVIT. SO.

44:05 - THAT THE

44:06 - COURTS ARE SAY OKAY WELL NOBODY

44:08 - ELSE IS AROUND NOBODY ELSE HAS

44:09 - BEEN NAMED. I KNOW THE COURT

44:11 - ALREADY DECIDED THE ISSUE YOU

44:13 - NEED TO JOIN ANYONE ELSE.

44:15 - I HAVE A CONCERN OF WHETHER WE

44:17 - ARE MORE GIVING AN ADVISORY

44:19 - OPINION AS OPPOSED TO ACTUALLY

44:21 - HAVING IT.

44:22 - TESTED I DON'T THINK SO YOUR

44:24 - HONOR AGAIN THE DEPARTMENT IS

44:27 - RESPONSIBLE FOR DRAFTING THE

44:29 - WRECKED AND HE HAS DIRECTED

44:30 - RAGS AND IT HAS TO FIND SOME

44:32 - TERMS IN IN THE

44:33 - CPS L

44:34 - AND ANY WHAT CAN'T GROW DOESN'T

44:37 - WANT TO DEFINE THIS TERM AND IN

44:39 - IT AND

44:40 - COULD REALLY PRAYING THIS

44:42 - FORWARD IN LINE WITH WHAT JUDGE

44:44 - COULD BE QUESTIONED.

44:46 - SHOULD BE. DISTRICT

44:48 - ATTORNEY OR THE ATTORNEY

44:50 - GENERAL FOR EXAMPLE.

44:54 - IF YOU KNOW THAT THEY

44:55 - SHOULD BE A PROSECUTION BECAUSE

44:57 - OF THE NONDISCLOSURE OF THE

44:59 - ABUSE.

45:01 - >>A MINOR AND WHAT ONE OF THESE

45:05 - YOU KNOW AN ELDER WAS AWARE

45:07 - OF THAT WORD THAT THE DECISION

45:09 - BY THIS COURT

45:11 - SAYING THAT THAT COLDER AIR.

45:15 - WOULD BE ENTITLED TO THIS

45:17 - PRIVILEGE MEAN THAT THE

45:19 - PROSECUTION COULD NOT PROCEED.

45:21 - NO ABSOLUTELY NOT WHAT IT

45:23 - WOULD MEAN IS THAT ONE ON THE

45:25 - FRONT AND BEFORE THEY REQUIRE

45:27 - DISCLOSURE TO THE DEPARTMENT

45:29 - WHICH IS THE ONLY THE ONE AND

45:30 - ONLY THING

45:30 - THAT IS.

45:31 - >>MANDATED UNDER THE IN

45:33 - OBLIGATION TO SPEAK TO THE

45:35 - DEPARTMENT ONLY THE ONLY ISSUE

45:37 - THAT WILL BE SETTLED BY THIS

45:38 - COURT WOULD BE WEATHER.

45:40 - ELDERS IN THE JEHOVAH'S WITNESS

45:42 - FATE WE ARE ENTITLED TO THE TO

45:44 - EVEN A CERTAIN THE PRIVILEGE

45:46 - AND WHETHER THEY NEED TO BE

45:48 - CONSIDERING IT WHEN THEY ENTER

45:49 - INDEPENDENT TENSION

45:50 - CONVERSATIONS WE'VE OPENING THE

45:52 - DOOR FOR THE NEXT RELIGION THAT

45:54 - COMES IN

45:55 - AND THEY SAY WELL, YOU KNOW

45:57 - LOOK WE GET TO THE GENERAL THE

45:58 - WITNESS CASE YOU KNOW WE HAD

46:00 - THIS RELIGION AND WE HAVE

46:02 - OUR INDIVIDUALS, YOU

46:06 - WHATEVER THAT THEY SHOULD HAVE

46:08 - THE PRIVILEGE

46:09 - AND THEN WHO SHOWS UP IN A ROW

46:11 - WITHOUT REALLY NO. WE DON'T

46:12 - CHALLENGE THAT WE DON'T CONTEST

46:14 - IT WAS THERE, I KNOW YOU GRANT

46:16 - IT TO JENNA WITNESSES SHOULD

46:17 - AND WE GET THAT

46:18 - SAME RIGHT WELL REALLY WASN'T

46:20 - CHALLENGE BY DHS SO THAT WE

46:21 - OPEN IT UP TO ALL THESE OTHER.

46:23 - YOU KNOW I DON'T QUOTE

46:25 - RELIGIONS.

46:27 - WELL I CERTAINLY HOPE SO YOUR

46:28 - HONOR BECAUSE

46:29 - ARTICLE ONE REQUIRES AN ARTICLE

46:32 - ONE IS IS AND WE'VE GOT TO DO

46:33 - AN EDMONTON NOW SAYS BUT

46:34 - ARTICLE ONE IS UNIQUE. I THINK

46:36 - FROM FROM THE

46:37 - FIRST AMENDMENT. BUT I JUST

46:39 - WANT TO STICK WITH THIS JUST A

46:40 - LOT OF MONEY GOING TO THE

46:41 - CONSTITUTIONAL ISSUE RIGHT NOW

46:43 - I'M JUST ASKING ON UPRIGHT ON A

46:44 - PRACTICAL BASIS. THE AMOUNT

46:46 - THEY ENJOYED THE WITNESSES AND

46:48 - YOU KNOW A NEW MOVE TO MATTER

46:49 - WHAT I'M SAYING IS WE OPENING A

46:51 - PANDORA'S BOX FOR NOBODY TO

46:53 - PAST WHETHER OR NOT

46:55 - THE DISHES. NO WAY TO GO AND

46:58 - WHETHER THE ELDERS REALLY OUR

46:59 - CLERGY LOOK I THINK WHAT WE'RE

47:01 - GETTING AT IT SOUNDS LIKE IT IS

47:03 - STANDING ARGUMENT WHICH IN

47:05 - FAIRNESS WE TALKED ABOUT A YEAR

47:08 - AGO BUT

47:09 - BUT LOOK LET'S LET'S TALK ABOUT

47:10 - IT BECAUSE I CAN I CAN I'M

47:13 - SAYING IS THAT

47:13 - IS THERE. A REAL ISSUE BEFORE

47:16 - THE COURT AND I'M TALKING ABOUT

47:17 - STANDING ABSOLUTELY AND HE AND

47:20 - THE ISSUE IS THIS THE ISSUE IS

47:22 - YOU HAVE A CLASS OF

47:24 - RELIGIOUS LEADERS WHO ARE

47:26 - ATTEMPTING TO ABIDE BY THEIR

47:28 - FEET AND PROVIDE PASTORAL CARE

47:30 - TO THEIR CONGREGATION AND THEY

47:32 - ARE IN THE CONUNDRUM OF

47:34 - WONDERING WHETHER IF

47:36 - THEY RECEIVE I I GET IT I

47:38 - REALLY UNDERSTOOD A RIGHT THEY

47:39 - WANT WHAT THEY WANT AND AND

47:41 - WE HAD

47:42 - OVER A YEAR NOW FAIRLY

47:46 - BEGGING THE DEPARTMENT FOR AN

47:48 - ANSWER TO THE QUESTION IS TELL

47:49 - US WE DID YOU KNOW AT SOME

47:50 - POINT WE DON'T EVEN CARE WHAT

47:51 - THE INTEREST IF WE DON'T LIKE

47:52 - THE ANSWER WILL TAKE THAT TO

47:53 - CORBETT WE WILL CHALLENGE ITS

47:55 - CONSTITUTIONALITY BUT AT LEAST

47:56 - YOU KNOW TELL

47:57 - US YOU THEY'VE USED THE TERM

47:59 - CLERGY IN CLERGYMEN IN THEIR

48:00 - BREEZE. THEY'VE USED IN

48:02 - REGULATIONS THEY DRAFTED IT

48:04 - MUST MEAN SOMETHING I MEAN THEY

48:05 - MUST HAVE AN IDEA IN THEIR

48:07 - COLLECTIVE HEADS WHAT THAT TERM

48:09 - MEANS AND WHO IT COVERS, I MEAN

48:11 - THINK

48:12 - ABOUT IT. THEY RECEIVED CALLS

48:14 - ALL DAY LONG AS THE LAW

48:15 - REQUIRES FROM PEOPLE

48:16 - WHO ARE

48:19 - POTENTIAL AND SUSPECTED CHILD

48:21 - ABUSE IF THEY ASK THE

48:22 - PROFESSION OF THE PERSON

48:23 - CALLING THE PERSON SAYS I'M A

48:25 - CLERGYMAN WELL.

48:26 - THEY HAVE TO FIND OUT WHY ARE

48:28 - YOU CLERGYMEN ARE YOU REQUIRED

48:30 - TO REPORT AND WHAT THEY CALL

48:31 - AND ASK THAT

48:32 - THEY MUST KNOW WHAT THAT TERM

48:33 - MEANS AND THE FACT THAT THEY

48:35 - WILL ANSWER THE QUESTION DO

48:37 - THEY DO THEY MAKE THE ULTIMATE

48:39 - DETERMINATION. THEY ARE

48:41 - THEY ARE RESPONSIBLE FOR

48:43 - DRAFTING THE REGULATIONS WHERE

48:45 - AND WHEN DOES IT SAY BECAUSE

48:46 - THEY ONLY WOULD BY STATUTE SO

48:48 - RARE IS THAT THEY MAKE THE

48:49 - ULTIMATE DETERMINATION. THE

48:51 - THAT IT'S A CLERGY PERSON AND

48:53 - THEREFORE ENTITLED TO

48:54 - PROTECTION BECAUSE THAT'S NOT

48:55 - HOW I READ THE LAW NOT NIGHT,

48:57 - THEY'RE RESPONSIBLE FOR

48:58 - DRAFTING THE WRECKS AND THEY

48:59 - DEFINE TRAUMA AND HE KNEW IT

49:00 - WAS BASICALLY IN THE WATER TO

49:02 - GIVE THEM THE AUTHORITY TO MAKE

49:04 - THE ULTIMATE LEGAL

49:05 - DETERMINATION THAT THIS PERSON

49:06 - IS CLOSE TO ME AND

49:08 - THEREFORE IT ENTITLED TO THE

49:10 - PRIVILEGE AND IN THE CBS OUT

49:12 - THERE THAT ORGANIZATION IS

49:13 - RESPONSIBLE FOR DRAFTING THE

49:15 - REGS HOUSTON ON AND MY QUESTION

49:17 - I WANT TO POINT ME TO SOMETHING

49:18 - IN THE STATUTE OR REGULATION

49:20 - THAT GIVES THEM THE AUTHORITY I

49:23 - DECIDE TO NO BRIEF FOR THE

49:24 - VARIOUS SECTIONS TO CPS L

49:26 - I CAN TELL YOU THAT IT'S THE

49:27 - DEPARTMENT IS RESPONSIBLE FOR

49:28 - DRAFTING OR EGGS AND PUTTING

49:30 - THE TERMS AND THERE AND A HALF

49:31 - HAS PUT THAT TERM AND THERE AND

49:32 - IT MUST HAVE MEANT SOMETHING

49:34 - WHEN IT PUT THE TERM CLERGY OR

49:35 - CLERGYMAN

49:36 - IN THERE. WE LOST A REASON WHY

49:39 - WE'RE HERE IS THERE'S NO

49:39 - DEFINITION AND RUN BACK TO WORK

49:41 - AND YOU'RE TRYING TO SELL THIS

49:43 - AND TAKE THE IMPLEMENTING

49:44 - REGULATIONS THEY DIDN'T DEFINE

49:45 - THE TERM.

49:46 - SO NOW HERE WE ARE TRYING TO

49:47 - FIGURE OUT WHAT IS CLERGY

49:49 - ANYWHERE ELSE WHERE ELSE

49:50 - IS THIS BAIT SUPPOSED TO GO GET

49:52 - THE DEPARTMENT LET'S BUT SHOULD

49:54 - WHICH SAY THE DEPARTMENT

49:55 - ISN'T OBLIGATED TO DEFINE THE

49:57 - TERM AND IT'S IT'S IT'S IT'S A

49:59 - GOOD STATE OF GOVERNMENTAL

50:00 - AFFAIRS FOR THE DEPARTMENT TO

50:02 - FEEL THE REQUEST FROM SOMEBODY

50:03 - WANTS TO ABIDE BY THE LAW

50:05 - AND PRACTICE. HE'S A THE WAY HE

50:09 - CHOOSES TO

50:10 - ANY ANY CAN'T GET A STRAIGHT

50:11 - ANSWER FROM THE DEPARTMENT

50:12 - WHERE ELSE IS THAT'S THE FIRST

50:13 - PERSON SUPPOSED TO GO IS THAT A

50:15 - PERSON IS THAT PERSON SUPPOSED

50:16 - TO RISK BREAKING THE AXES KNOW.

50:20 - ACT HE SAYS NO YOU DON'T

50:21 - HAVE TO BREAK

50:23 - THE LAW WHAT WOULD BE THE ACT

50:25 - 13 DOCTOR DIDN'T HAVE TO BREAK

50:27 - THE LAW AND WE WERE TALKING

50:28 - ABOUT

50:29 - THERE. YOU KNOW, I'M DOING IT

50:31 - FOR MYSELF I DON'T KNOW WHERE

50:32 - THEY'RE SUPPOSED TO GO I AGREE

50:34 - WITH YOU I DON'T YOU KNOW THEY

50:34 - WOULD RECEIVE TALK ABOUT IT

50:36 - THAT LAW ENFORCEMENT OR LAW

50:37 - ENFORCEMENT WOULDN'T EVEN

50:38 - BE THERE. THE ENERGY TO GO TO I

50:40 - DON'T I MEAN THE COURT BY

50:41 - DONATING PUTTING THE COURT IN

50:42 - THIS POSITION BUT BUT BUT IF

50:44 - THE DEPARTMENT REFUSES AS IT

50:45 - HAS DONE. 2 SERIALLY NOT INTO

50:48 - THAT QUESTION AND NOT DRAFT A

50:50 - RED NOW THAT WE ALL KNOW THIS

50:52 - IS AN ISSUE AND THERE'S AT

50:53 - LEAST SOME AMBIGUITY

50:55 - ABOUT WHAT THESE TERMS MEAN IF

50:57 - THEY'RE RESPONSIBLE FOR

50:58 - DRAFTING RIGHT TO CLARIFY THE

50:59 - ROLE. ANYONE PREPOSITION IN ANY

51:03 - KIND OF LEGAL PLEADING

51:04 - HOW ELSE OTHER THAN A

51:05 - PROSECUTION OR RISKING NOT

51:07 - REPORTING CHILD ABUSE

51:09 - IS THIS SUPPOSED TO GET RESULTS

51:10 - OTHER THAN THE COURT FOR

51:11 - COUNCIL WORK WHEN HAS BEEN THE

51:14 - THUS FAR.

51:17 - DUST FOR I I THINK IT'S BEEN A

51:21 - MIXED STATE OF AFFAIRS, I MEAN

51:23 - I

51:23 - THINK THAT IT'S AN OPEN

51:25 - QUESTION CERTAINLY IN THE IVY

51:26 - HILL CONGREGATION, I CAN SPEAK

51:28 - FOR THE HUNGER GAMES, HOW THE

51:29 - CONGREGATION RIGHT I CAN'T I

51:30 - DON'T I HAVEN'T POLLED EVERY

51:32 - CONGREGATION ABOUT WHAT IT

51:33 - WOULD DO. IN THE SERVICES AND

51:35 - IN WITH THE END BUT ISN'T THERE

51:37 - ISN'T YOUR STRUCTURE DOESN'T

51:39 - IT.

51:41 - MY UNDERSTANDING IS THAT THE

51:43 - STRUCTURE IS IS A BUNCH OF

51:45 - INDIVIDUAL CONGREGATIONS BUT

51:46 - THEY FOR LACK OF A BETTER TERM

51:48 - REPORT TO A HIGHER STRUCTURE

51:51 - FOR SOMEONE THAT SORT OF SITS

51:53 - AT THE TOP OF

51:54 - ALL OF THE CONGREGATIONS THAT

51:56 - MAKE UP ONE.

52:00 - >>I GUESS REALLY JUST

52:00 - ORGANIZATION IS THAT CORRECT I

52:03 - THINK THAT'S BUT THAT IN

52:05 - GENERAL TERMS THAT THAT'S

52:07 - THAT'S RIGHT OK AND SO DO THE

52:09 - PRACTICES AND RULES THAT GOVERN

52:11 - ALL OF THE INDIVIDUAL

52:12 - CONGREGATIONS COME FROM THAT

52:15 - GET THE HEAD SO TO SPEAK WELL.

52:17 - >>THE U N.

52:19 - AND A CLASSIC SENSE BUT

52:20 - I MEAN CERTAINLY IN EU MEETINGS

52:23 - OF THE PLAN WHICH WE KNOW

52:24 - BECAUSE WE WE CAN'T RULE

52:25 - ACCORDING TO THE BIBLE

52:26 - UNFORTUNATELY, NO WE'RE ALLOWED

52:28 - TO DO BUT JUST A NEW STRUCTURE

52:30 - AS IT

52:30 - RELATES TO TO PRACTICAL SENSE

52:33 - OF THINGS THAT WE

52:34 - CAN CONSIDER HAS DONE TO THE

52:35 - THING IT ON THE THINGS THAT THE

52:37 - DISH COURT

52:37 - CAN CONSIDER THE PRIMARY MOVER

52:41 - FOR THIS CONGREGATION AND I

52:42 - DARE OR THE OTHER HUNDREDS OF

52:45 - CONGREGATIONS IN PENNSYLVANIA

52:46 - IS WHAT DOES THE CIVIL LAW

52:48 - REQUIRE WE NEED WE WOULD LIKE

52:50 - TO KNOW WHAT CIVIL LAW REQUIRES

52:53 - OF US BECAUSE THEN WE

52:54 - CAN DECIDE WHETHER THAT

52:56 - COMPORTS WITH OUR

52:57 - POLICE STRUCTURE AND LOOK THAT

52:59 - MEAN IT DEPENDS ON THE DECISION

53:02 - FROM THE COURT THAT THAT THAT

53:05 - SOME ELDERS DECIDE THEY CAN

53:07 - HONOR THEIR FAITH AND IT CAN'T

53:08 - BE ELDERS WHERE THEY NEED TO

53:09 - LET THE CONGREGATION KNOW YOU

53:11 - KNOW YOU HAVE

53:12 - TO UNDERSTAND OUR ATTENTION TO

53:14 - POLICE ARE IN ACCORD WITH CIVIL

53:17 - LAW. I DON'T THINK THAT FOR ME

53:18 - AND PUT THE

53:19 - SHINE REDMOND'S HERE TODAY AND

53:21 - I DON'T SEE HOW YOU CAN ASK FOR

53:22 - SOME REALLY RELIEVED TO

53:23 - BE GRANTED. LAST YEAR SUMMARY

53:25 - JUDGMENT, NOT SUMMARY

53:28 - JUDGMENT, MICHIGAN. SURE YOU GO

53:29 - INTO SOME RELIEF BUT YOU DO

53:31 - SUMMARY JUDGMENT TO YOUR HONOR

53:32 - WOMEN IS TO SAY WE'RE

53:34 - EXPRESSING THE FACT THAT

53:35 - THERE'S A LOT OF AMBIGUITY SO

53:37 - WHY SHOULD WE GRANT.

53:40 - JUDGMENT OF RELIEF IN THIS

53:41 - CASE. I I'M NOT ARGUING.

53:44 - THERE'S AMBIGUITY OTHERS HAVE

53:46 - ARGUED THAT THE TERM IS

53:47 - AMBIGUOUS I THINK

53:48 - THE FACT RECORD THE UNDISPUTED

53:50 - FACT RECORD WE PUT IN FRONT OF

53:51 - THE COURT IS AN AMBIGUOUS ABOUT

53:53 - THE ROLLS OF ELDERS IN THE

53:56 - JEHOVAH'S WITNESS FAITH THAT

53:57 - THEY ARE SPIRITUAL LEADERS THAT

53:59 - THEY PROVIDE

54:02 - A QUEASY AS STICK AND PASTORAL

54:03 - INSTRUCTION AND GUIDANCE AND

54:05 - THEN MOST IMPORTANT TO THIS

54:08 - DISCUSSION THAT

54:10 - THEY ARE THE PEOPLE WHO

54:12 - HEAR CONVERSATIONS WITH WITH

54:16 - THEIR CONGREGATION AND IT

54:17 - DOESN'T IF I MAY THAT IS THAT

54:19 - FROM ELDER DUNCAN'S AFFIDAVIT.

54:22 - YES,

54:23 - IT IS SO DON'T YOU HAVE THE

54:25 - MEDICAL PROBLEM. NO I DON'T

54:27 - THINK WE DO YOU WANT TO

54:28 - MISS IT WHETHER WHETHER OR NOT

54:31 - IT'S UNDISPUTED NOT DON'T WE

54:32 - HAVE TO MAKE A CREDIBILITY

54:34 - DETERMINATION WE'VE GOT NO YOU

54:36 - DON'T YOUR IT DID

54:38 - THIS RECORD IN LIEU OF THE

54:40 - DEATH DATA RATHER WITH THE MOVE

54:42 - A DEPOSITION IT WAS AGREED TO

54:44 - BY THE ATTORNEY GENERAL'S

54:45 - OFFICE THAT IT WOULD BE A MOVE

54:47 - A DEPOSITION SO YOU CAN TREAT

54:48 - IT JUST LIKE A DEPOSITION.

54:50 - AND THERE ARE SUBSTANTIAL

54:52 - DISCOVERY THAT WAS INCLUDED AS

54:55 - WITH FEWER, YES, THE APP

54:56 - MOTION THAT

54:59 - CLAIMING ISN'T CORRECT. YES

55:01 - MAKE ACTS I THINK OUR.

55:03 - THERE'S NO OBJECTION TO ANY OF

55:04 - THE FACTS THAT YOU WANTED IT IS

55:06 - PART OF THE RECORD

55:07 - PRESENTATION. THERE'S THERE'S

55:09 - THERE'S AN AFFIDAVIT ATTESTING

55:11 - THE AUTHENTICITY OF OF

55:12 - DIFFERENT FROM FROM

55:15 - THE FAITH THAT ARTICULATE YOU

55:17 - KNOW FOR INSTANCE, WHAT

55:18 - CONFIDENTIALITY MEANS AND WHAT

55:19 - THE EXPECTATION OF

55:20 - CONFIDENTIALITY IS WHEN YOU

55:23 - SPEAK TO AN ELDER, SO THAT

55:24 - THAT'S NOT EVEN

55:28 - I MEAN ABLE

55:29 - TO KIND OF CREDIBILITY ANALYSIS

55:30 - IT JUST GIVES YOU KNOW IT IS A

55:32 - TENANT OF THE FAITH AND IT'S

55:33 - YOU KNOW AGAIN NOT JUST THE

55:34 - TOTAL COUNTY ARE ASKING US TO

55:36 - TAKE ALL OF THAT AND TO MAKE

55:38 - THE DETERMINATION THAT YOUR

55:40 - ELDERS THE QUEEN TO CLARITY AS

55:43 - WE MADE

55:44 - HAVE UNDERSTOOD IN OTHER FAITH

55:46 - IS THAT WHAT YOU'RE ASKING US

55:47 - TO DO THAT. YES. THE WHEN

55:49 - YOU CONSIDER THE STATUTE IS

55:51 - PURPOSES AND YOU KNOW

55:53 - HISTORICALLY FROM YOU KNOW THE

55:56 - FROM THE GUARDIAN'S THE POOR

55:58 - 1800 ALL THE WAY TO STEWART.

56:00 - IN 1997.

56:04 - AND SO THE NEWS PROTECTION OF

56:06 - OF FADE AND IN NOMINATIONS

56:10 - IS BROAD AND

56:11 - YOU READ THOSE CASES AND YOU

56:13 - CAN YOU

56:15 - READ THE FLOOR DEBATE IN I

56:17 - THINK 1993 FOR

56:21 - THAT AND ESSENTIAL PURPOSE IS

56:22 - GOING TO INCORPORATE INTO.

56:24 - INTO CPS OUT AND THERE'S A

56:26 - RECOGNITION THAT YOU KNOW WE'RE

56:28 - TRYING TO CAPTURE WE'VE SECULAR

56:31 - LEGAL TERMS A CONCEPT WHO WE

56:34 - WANT TO BE COVERED BY THE

56:35 - PENITENTIAL FISHERY ROOM AND

56:37 - NOT BEING ABLE TO HAVE

56:38 - A HEARING TO GET TESTED AS

56:41 - OPPOSED TO EVERYTHING JUST BE

56:43 - SUBMITTED BY MOTION. I DON'T

56:44 - THINK IT'S NECESSARY YOUR HONOR

56:45 - THAT WAS THAT OPPORTUNITY

56:47 - WAS PROVIDED. YOU KNOW THAT

56:49 - THIS IS THAT THIS IS THE

56:50 - DOWNSIDE FOR THE ATTORNEY

56:53 - GENERAL'S OFFICE AND I DARE YOU

56:54 - KNOW I

56:55 - DET THIS IS GETTING TO BE

56:57 - COMMON FROM THAT OFFICE AND

56:58 - LITIGATION TACTIC WHERE WE

57:00 - PROCEED ON PROCEDURE AND

57:03 - MARRIAGE AREN'T

57:04 - DISCUSSED EVER IN THEIR

57:05 - BRIEFING AND IN THE DISCOVERY

57:07 - PROCESS THERE WAS AN EFFORT TO

57:09 - CHALLENGE ON THE MERITS ON THE

57:10 - FACTS BY THE ATTORNEY GENERAL

57:12 - IN THE DISCOVERY PROCESS

57:14 - OR AFTER NOW THAT CHOICE HAS

57:17 - CONSEQUENCES IT'S A LITIGATION

57:18 - DECISION THEY

57:19 - MADE BUT THEY THEY HAVE AGREED

57:22 - TO THE FACTS THEY HAVE NOT

57:23 - DISPUTED ANY

57:23 - SINGLE FACT THAT'S WHEN SCHOOL

57:26 - ISSUES YOU'RE YOU'RE REQUESTING

57:27 - SUMMARY JUDGMENT AND BASED ON

57:30 - THAT RESPONSE OR LACK OF

57:31 - RESPONSE. NO FILING PUT

57:33 - TO EMOTION WHERE THE DISPUTED

57:36 - ISSUES

57:37 - OF FACT WE KNOW THERE ARE MANY

57:39 - THERE ARE NOT A PROBLEM I THINK

57:40 - IS COURT ISN'T TITLE. AND I

57:41 - THINK INVITED BY THE OFFICER'S

57:43 - ATTORNEY GENERAL TO ACCEPT THE

57:45 - FACT THAT HE DOESN'T IT DOESN'T

57:48 - CHALLENGE TO AMERICA DOESN'T

57:49 - WANT TO TALK ABOUT THE

57:50 - MARRIAGE. IT INSTEAD RE

57:53 - TREADS PROCEDURE ARGUES HE

57:55 - CALLS THEM DIFFERENT THINGS BUT

57:56 - IT RE TREADS

57:58 - THE STANDING ARGUMENT, THE

57:59 - INDISPENSABLE PARTY ARGUMENT

58:00 - THAT YOU DISPENSE

58:01 - DUBBED CORRECTLY. A YEAR AGO IT

58:03 - DOESN'T EVER WANT TO MEET YOU

58:06 - KNOW AND WILL ALLOW THE

58:07 - RESPONDENT TO TOOTH THE IDF

58:10 - ABOUT THAT A PIECE OF IT,

58:11 - BUT A LITTLE WHILE YOU'RE ON

58:12 - AND I KNOW I GET MYSELF 2

58:13 - MINUTES TO REVAMP AT THE END

58:15 - AND WAS THERE ANY FURTHER

58:16 - QUESTIONS OUT WHAT MY TURN.

58:19 - THANK YOU VERY MUCH.

58:23 - COUNT IT IS IT TRUE THAT THAT

58:25 - YOUR OFFICE DID NOT CHALLENGE

58:28 - THE DEFINITION OF COURAGE E

58:29 - WE'RE GREEN WHAT THEY SAID IS

58:31 - THAT

58:31 - IS THAT MY THAT IS ABSOLUTELY

58:35 - INCORRECT AND I WAS THE FIRST

58:36 - THING I WAS GOING TO RAISE I

58:37 - WANT TO MAKE IT ABUNDANTLY

58:38 - CLEAR THE ONLY RESPONDED IN

58:40 - THIS ACTION IS THE DEPARTMENT

58:41 - OF

58:41 - HUMAN SERVICES.

58:42 - >>SO AS MY FRIEND ON THE OTHER

58:44 - SIDE KEEPS REFERRING TO THE

58:45 - OFFICE OF

58:45 - ATTORNEY GENERAL WELL I'M A

58:47 - WORK THERE AND STATUTORILY

58:49 - OBLIGATED TO DEFEND THE

58:51 - DEPARTMENT OF HUMAN SERVICES

58:52 - AND THAT IS THE ONLY RESPONDED

58:54 - HERE. IF THE PETITIONERS HAD AN

58:56 - ISSUE WITH THE OFFICE OF

58:58 - ATTORNEY GENERAL OR WITH THE

58:59 - CAR COMMON WELL,

59:00 - THEY COULD HAVE EASILY HAVE

59:02 - NAMED THEM IN THIS ACTION THEY

59:03 - DID NOT FEEL THAT ASK IT

59:05 - ANOTHER WAY TO DOES YOUR

59:07 - CLIENT. DEPARTMENT OF

59:09 - HUMAN SERVICES.

59:11 - I COUNTRY OR ANY OF THE FACTS

59:14 - THAT

59:15 - HAVE BEEN.

59:16 - >>AND AND CHALLENGE ANY OF THE

59:18 - FACTS THAT ARE IN THE ROOM

59:20 - DISCOVERY OR THAT HAVE BEEN

59:22 - PRODUCED IN THAT'S

59:23 - PART OF WHAT'S IN FRONT OF US

59:25 - FOR SUMMARY JUDGMENT THAT THEY

59:27 - CANNOT YOUR HONOR BECAUSE WE'RE

59:29 - STATUTORILY UNABLE TO PROVIDE

59:31 - ANY LEGAL GUIDANCE OR LEGAL

59:33 - OPINION TO ANY INDIVIDUAL

59:34 - WHO SAY THE SAME THINGS YOU

59:37 - SAID THE LAST TIME WE'RE GOING

59:38 - STANDING IN THE MIDST OF CLAIMS

59:39 - YOU CALL IT THIS

59:40 - TIME AND.

59:42 - >>DISPENSABLE PART WE DO IT IN

59:43 - THE SPENT-FUEL PRICELESS AND

59:45 - THOSE REJECTED. AND THOUGH IT

59:47 - SEEMS LIKE YOU'RE SAYING THE

59:48 - SAME THING CALLING IT SOMETHING

59:50 - ELSE. AND STILL NOT RESPONDING

59:53 - TO.

59:55 - TO CONTEST ANY ISSUE THAT HAS

59:58 - 560 BEEN PUT FORTH AS BACK THEN

01:00 - 03.820 AND NOW I'M NOT DISPUTED.

01:00 - 06.750 SO THE MOTION FOR SUMMARY

01:00 - 08.530 JUDGMENT IN FRONT OF US.

01:00 - 10.750 AND THEIR DISPUTED ISSUE OR

01:00 - 11.450 FACT.

01:00 - 15.500 THE DEFINITION OF CLERGY OR NOT

01:00 - 16.690 WELL, I WOULD LIKE

01:00 - 20.310 OUT THE MISS CHARACTERIZATION

01:00 - 21.730 OF THE DEFINITION FIRST OF ALL

01:00 - 23.580 IT IS A STATUTORY DEFINITION IT

01:00 - 25.010 WAS NEVER ONE WRITTEN OR

01:00 - 26.490 DRAFTED BY REGULATION BY THE

01:00 - 27.330 DEPARTMENT.

01:00 - 28.660 >>SO AGAIN I

01:00 - 32.260 AM UNDER NO AWARENESS OF ANY

01:00 - 35.080 OBLIGATION OR EVEN ABILITY FOR

01:00 - 35.870 THE DEPARTMENT

01:00 - 39.350 TO PROVIDE A LEGAL OPINION AS

01:00 - 39.720 TO THE

01:00 - 41.410 STATUTORY DETERMINATION.

01:00 - 44.630 WE HAVE NEVER PROVIDED A

01:00 - 46.340 DEFINITION OF AN ARRAY OF

01:00 - 48.620 REGULATION THAT FURTHER DEFINES

01:00 - 48.980 ANY OF

01:00 - 53.280 DEFINITIONS WITHIN THE CHILD

01:00 - 54.520 PROTECTIVE SERVICES LAW.

01:00 - 56.030 I THINK WHAT'S IMPORTANT HERE

01:00 - 57.500 THOUGH IS TO BE REMINDED ABOUT

01:00 - 59.140 THE FACT THAT PETITIONER HAS

01:00 - 00.710 COMPLETELY CONCEDED THE FACT

01:01 - 02.030 THAT THEY ARE MEMBERS OF

01:01 - 04.420 CLERGY. AS IT RELATES TO THE

01:01 - 05.840 CHILD PROTECTIVE SERVICES LAW

01:01 - 08.200 FOR FOR US TO EVEN BE HERE.

01:01 - 09.750 THEY HAVE TO BE MEMBERS OF THE

01:01 - 11.430 CLERGY THEY HAVE TO BE

01:01 - 13.740 MANDATED REPORTERS. THE ONLY

01:01 - 15.120 QUESTION BEFORE THE COURT IS

01:01 - 17.330 KEN AS MANDATORY REPORTERS.

01:01 - 19.440 THEY THEN BE ENTITLED TO INVOKE

01:01 - 21.030 AN EVIDENTIARY PRIVILEGE

01:01 - 22.440 IF LAW ENFORCEMENT COMES

01:01 - 23.770 KNOCKING ON THEIR DOOR BECAUSE

01:01 - 25.410 THEY FAILED TO REPORT AN ISSUE

01:01 - 26.190 OF CHILD ABUSE.

01:01 - 28.500 THIS HAS ABSOLUTELY NOTHING TO

01:01 - 29.650 DO WITH THE DEPARTMENT OF HUMAN

01:01 - 30.560 SERVICES AND

01:01 - 33.750 THAT IS AND I DO YOU KNOW YOUR

01:01 - 35.100 COMMENT CHUCK MCCULLOUGH BUT

01:01 - 37.950 IT IS THE ISSUE OF JOINED ARE

01:01 - 40.240 INDISPENSABLE PARTY JUST WAS

01:01 - 42.430 NOT PROPERLY RESPONDED TO

01:01 - 44.250 EARLIER. THERE SHOULD BE OTHER

01:01 - 45.920 PARTIES HERE WHO CAN MAKE THE

01:01 - 47.640 DETERMINED. JENNIFER RIGHT.

01:01 - 49.220 THE COMMONWEALTH WOULD HAVE

01:01 - 49.330 BEEN

01:01 - 52.100 INAPPROPRIATE PARTY AS TO

01:01 - 53.830 SPENCER PARTIES ARGUMENT, THE

01:01 - 54.750 LAST TIME.

01:01 - 57.300 I UNDERSTAND THAT AND AS I SAID

01:01 - 58.550 THAT WE RESPECTFULLY DISAGREE

01:01 - 59.840 AND AGREE WITH US.

01:02 - 01.550 SEE THAT ONE MORE TIME, I'M

01:02 - 02.680 JUST SAYING WE DON'T AGREE WITH

01:02 - 04.530 THE COURT THAT'S INCORRECT AND

01:02 - 07.150 SO THE COURT OPINION

01:02 - 10.000 AND SAID FORWARD AND THEY'RE

01:02 - 12.290 SAYING NO WE'RE NOT BECAUSE

01:02 - 12.580 WE'RE NOT

01:02 - 14.680 SUPPOSED TO WHAT IT DID NOT

01:02 - 16.270 EXPLICITLY IS THAT YOUR HONOR I

01:02 - 17.550 WILL SAY I'M A LIKE A LITTLE

01:02 - 18.750 BIT MORE RESPECTFULLY.

01:02 - 22.010 WITHOUT HAVING THE COMMON WELL

01:02 - 23.000 AS A NAMED PARTY

01:02 - 24.370 WITHOUT HAVING THE ATTORNEY

01:02 - 25.820 GENERAL'S OFFICE WITHOUT HAVING

01:02 - 27.060 EVEN THE DISTRICT ATTORNEY FOR

01:02 - 28.420 PHILADELPHIA WHERE PETITIONER

01:02 - 29.840 RESIDES THESE ARE THE

01:02 - 32.390 INDISPENSABLE INDIVIDUALS WHO

01:02 - 34.430 CAN PROVIDE A LEGAL OPINION OR

01:02 - 35.970 A DISCREPANCY AS TO WHETHER OR

01:02 - 38.170 IF THEY WENT INSIDE INTERRUPTED

01:02 - 40.920 WAS TO

01:02 - 44.140 WITH THE DEPARTMENT IF THERE

01:02 - 45.850 WASN'T A REPORT IS THAT THE

01:02 - 46.460 DEPARTMENT

01:02 - 49.570 TO READ TAKE ANY ACTION AGAINST

01:02 - 51.680 A CREW MEMBER WHO.

01:02 - 53.370 >>DIDN'T OR

01:02 - 56.600 WIRED REPORTER. IT'S NOT THE

01:02 - 00.420 DEPARTMENT'S ROLE TO IT SHOULD

01:03 - 02.180 HAVE REPORTED OR DIDN'T REPORT.

01:03 - 04.080 WHAT DO YOU TAKE.

01:03 - 07.170 WELL I GUESS WHAT WOULD HAPPEN

01:03 - 09.150 IF THEY WERE BEING SOME SOME

01:03 - 11.380 SOME ACTION AND THEN THE

01:03 - 12.980 PROBABLY A 3RD IT WOULD COME TO

01:03 - 14.870 THE DEPARTMENT TO FOOD THERE

01:03 - 17.180 HAD EVER BEEN A REPORT AND IF

01:03 - 18.200 THERE HADN'T BEEN

01:03 - 21.160 THEN THAT INTO 2 WOULD PROCEED

01:03 - 22.730 WHETHER IT WAS A DA OR.

01:03 - 25.380 AND GENERAL INTO HOW TO TO

01:03 - 27.690 >>EXPLAIN THAT A LITTLE BIT AS

01:03 - 29.210 PROVIDED BY HER AFFIDAVIT.

01:03 - 31.700 THE DEPARTMENT

01:03 - 34.210 IS OBLIGATED TO MAINTAIN A 24

01:03 - 35.970 HOUR HOTLINE IS ALSO REQUIRED

01:03 - 36.950 TO MAINTAIN A STATEWIDE

01:03 - 39.480 DATABASE. YOU ANYONE CAN CALL

01:03 - 40.880 THE HOTLINE. YOU CAN BE

01:03 - 42.460 ANONYMOUS YOU CAN SAY WHATEVER

01:03 - 43.300 YOU WANT TO SAY

01:03 - 45.080 ALL OF THOSE DETAILS ARE THAN

01:03 - 46.670 INPUT INTO THE DATABASE.

01:03 - 48.660 NO ADDITIONAL QUESTIONS ARE

01:03 - 50.150 THEN ASKED HAS PROVIDED BY HER

01:03 - 51.900 AFFIDAVIT AS IT RELATES TO WHO

01:03 - 53.780 YOU ARE WHAT YOUR TITLE IS

01:03 - 54.720 WHETHER OR NOT YOU'RE A MEMBER

01:03 - 56.270 OF THE CLERGY WITH ALL DUE

01:03 - 57.780 RESPECT WE DON'T CARE

01:03 - 59.910 WHAT WE CARE ABOUT IS THE FACT

01:03 - 02.360 THAT THERE IS A CHILD IS BEING

01:04 - 04.670 ALLEGED TO A VICTIM OF ABUSE WE

01:04 - 05.700 WANT TO KNOW WHERE THAT CHILD

01:04 - 06.830 IS IN THE BEST INFORMATION

01:04 - 07.870 ABOUT THAT CHILD

01:04 - 09.340 WAS THE REPOSITORY OF

01:04 - 11.440 INFORMATION YOU JUST COLLECTING

01:04 - 11.840 DATA.

01:04 - 14.880 THE PRIVILEGE COMES OUT WHEN

01:04 - 15.340 THERE IS

01:04 - 17.660 AN INVESTIGATION. I KNOW IT MAY

01:04 - 19.060 SAVE MY LAW ENFORCEMENT AND THE

01:04 - 21.500 VICTIM MAY SAY WELL I TOLD YOU

01:04 - 23.420 KNOW CLERGY OR ELDER

01:04 - 25.570 SELLING SO THAT THIS WAS GOING

01:04 - 27.700 ON AND THEN IN THE MIDST OF

01:04 - 29.390 THAT INVESTIGATION AND BECAUSE

01:04 - 30.850 OF THOSE FACTS THEN.

01:04 - 32.550 >>OUT OUT THERE.

01:04 - 33.850 THEN ON

01:04 - 36.680 AND MY QUESTION BY THE DA'S

01:04 - 39.210 OFFICE AND THEN IF THE THINGS

01:04 - 40.010 WOULD THEN GO ON FROM

01:04 - 40.560 THE RIGHT.

01:04 - 41.930 >>THE ONLY TIME THE DEPARTMENT

01:04 - 43.000 BECOMES INVOLVED IN THAT

01:04 - 44.510 SITUATION IS WHEN THE LAW

01:04 - 45.690 ENFORCEMENT OFFICER CAUSED THE

01:04 - 46.690 DEPARTMENT TO SAY

01:04 - 48.770 DID ELDER SO AND SO OR DID

01:04 - 50.330 CLERGY MEMBER SO AND SO EVER

01:04 - 51.810 CALL TO REPORT TO THIS DEBATE

01:04 - 53.500 EVER SUBMIT THE REPORT AND THEN

01:04 - 54.700 WE WOULD LOOK AT THE DATA BASE

01:04 - 55.730 AND SAY YES OR NOW

01:04 - 57.600 THERE'S NO OTHER INVOLVEMENT BY

01:04 - 59.460 THE DEPARTMENT WE AND SO YOU

01:04 - 01.050 DON'T SANCTION WITH THE OTHER

01:05 - 03.790 THAT SNOW WHATSOEVER CORRECT.

01:05 - 04.840 >>IT WOULD BE THE LAW

01:05 - 06.650 ENFORCEMENT OFFICERS REQUEST.

01:05 - 09.650 TO COMPEL TESTIMONY. IT'S AN

01:05 - 11.260 EVIDENTIARY PRIVILEGE TO COMPEL

01:05 - 12.470 THE TESTIMONY OF THE CLERGY

01:05 - 14.570 PERSON. AND THEN IT WOULD BE UP

01:05 - 15.790 TO THE INDIVIDUAL JUDGE ON A

01:05 - 17.150 CASE BY CASE DETERMINATION OF

01:05 - 18.610 THE TSUNAMI SO YOU DON'T

01:05 - 20.230 CONTESTS THAT MISTER HAVE A

01:05 - 21.980 STICKS CLIENTS ARE CLERGY,

01:05 - 23.680 YOU'RE ACCEPTED THERE MAKING

01:05 - 25.050 THAT ASSERTION YOU CAN SEE YOU

01:05 - 26.580 CAN SEE THAT WE'RE ACTUALLY

01:05 - 27.630 HAVE TO CONCEDE BECAUSE I

01:05 - 29.140 CANNOT PROVIDE ANY OTHER LEGAL

01:05 - 31.070 OPINION. I MEAN I DON'T HAVE

01:05 - 32.310 THE AUTHORITY TO USE THAT HAVE

01:05 - 33.860 NO COMMENT WE DON'T HAVE A

01:05 - 35.530 COMMENT GENERAL, I KNOW WHERE

01:05 - 37.730 YOU OBJECTING TO THE COURT

01:05 - 39.840 GRANTING RELIEF BECAUSE YOUR

01:05 - 41.240 STANDARD OF REVIEW TO GRANT

01:05 - 43.050 RELIEF HAS TO BE A CLEAR

01:05 - 44.330 ENTITLE THEM TO RELIEF AND

01:05 - 45.230 BASED UPON.

01:05 - 48.090 THEN SEE A DECLARATION AS

01:05 - 50.050 AGAINST THE DEPARTMENT OF HUMAN

01:05 - 52.390 SERVICES, IT IS NOT CLEAR

01:05 - 53.730 THAT THEY ARE ENTITLED TO

01:05 - 55.640 RELIEF AGAINST THIS PARTICULAR

01:05 - 57.380 TO TARGET YOU ALSO SAY EARLIER

01:05 - 58.720 YOU DID NOT IMPLEMENT THE

01:05 - 01.440 REGULATIONS TO DO JUST DID NOT

01:06 - 02.690 IMPLEMENT REGULATIONS WHERE

01:06 - 03.430 THEY DID IT.

01:06 - 05.120 >>THEY DID NOT IMPLEMENT ANY

01:06 - 07.440 REGULATIONS AS TO WHAT MEMBERS

01:06 - 08.640 OF CLERGY MEANS

01:06 - 10.690 THAT IS STATUTORILY THERE HAS

01:06 - 13.030 BEEN A ARE THE AGENCY TO

01:06 - 14.510 IMPLEMENT THE REGULATIONS

01:06 - 16.420 CORRECT JUST A REGULAR YOUR

01:06 - 19.540 POSITION THE THE PART OF THE

01:06 - 20.890 STATUTE THAT ALLOWS FOR

01:06 - 23.220 REGULATIONS WOULD BE TO DEFINE

01:06 - 25.170 THE PROCESSES AND PROCEDURES BY

01:06 - 27.000 WHICH MANDATORY REPORTERS WOULD

01:06 - 29.260 REPORT. UNDER THE CHILD

01:06 - 30.610 PROTECTIVE SERVICES THAT THIS

01:06 - 32.210 WAS THE DEFINING CLERGY.

01:06 - 34.980 I THINK BASED

01:06 - 38.870 LEGAL COUNSEL. I MEAN HE'S

01:06 - 40.060 THEY'VE MADE IT ABUNDANTLY

01:06 - 40.600 CLEAR IN THIS

01:06 - 43.190 LITIGATION THAT DISCOVERY INTO

01:06 - 44.880 THEIR FAITH AND PRACTICE IS NOT

01:06 - 46.560 A FENCE AND MADE MYSELF CLEAR.

01:06 - 49.880 I HAVE TO SAY

01:06 - 52.450 TO RICH ASIANS SEE IS CHARGED

01:06 - 54.180 WITH IMPLEMENTING REGULATIONS

01:06 - 56.470 TO DEFINE CLERGY FROM WAS THE

01:06 - 57.480 TURN CLERGY.

01:06 - 59.900 >>BUT YOU DON'T DEFINE IT TO

01:06 - 01.590 DEFINE IT. WE'RE SAYING THAT'S

01:07 - 03.400 NOT YOUR JOB YOUR TEMPERAMENT

01:07 - 05.890 THE PROCEDURES FOR PROCESSING

01:07 - 07.060 COMPLAINTS.

01:07 - 09.600 >>IN JUDGMENT. CALL I WOULD SAY

01:07 - 11.180 RESPECTFULLY THAT ONE IT WOULD

01:07 - 13.040 BE OF COMMON KNOWLEDGE AND

01:07 - 14.380 IT WOULD GO BACK TO

01:07 - 16.530 HOW THE EVIDENTIARY PRIVILEGE

01:07 - 21.270 HOW WE CAN TO PUT IT. THAT'S

01:07 - 22.470 WHAT YOU'RE TELLING ME THAT WAY

01:07 - 24.460 HERE. I SAY WHO'S RESPONSIBLE

01:07 - 25.950 FOR DEFINING CLERGY

01:07 - 27.870 UNDER THE LAW IMPLEMENTING THE

01:07 - 29.810 REGULATION ISN'T DHS

01:07 - 32.110 RESPONSIBLE FOR DEFINING A TERM

01:07 - 33.460 THAT THEY USE IN

01:07 - 35.380 THE REGULATIONS. I WOULD

01:07 - 36.610 RESPECTFULLY SUBMIT THAT IT'S

01:07 - 37.790 THE LEGISLATURE THAT WOULD BE

01:07 - 39.130 OBLIGATED TO DEFINE.

01:07 - 41.460 THE STATUTORY LANGUAGE THAT

01:07 - 42.870 THEY HAVE PROVIDED AND THEY

01:07 - 44.970 DIDN'T DELEGATE THAT

01:07 - 46.780 TO THE THAT ALREADY WAS NOT

01:07 - 48.920 DELEGATE TO THE DEPARTMENT.

01:07 - 51.990 BUT AGAIN THERE WOULD BE.

01:07 - 55.380 THERE WOULD BE NO NEED FOR THE

01:07 - 57.350 DEPARTMENT TO FURTHER DEFINE

01:07 - 59.620 THE PHRASE. MEMBERS OF CLERGY

01:07 - 00.860 HAS USED IN THE CHILD

01:08 - 01.280 PROTECTIVE

01:08 - 03.370 SERVICES ACT, SPECIFICALLY HERE

01:08 - 04.240 BECAUSE IT'S ALREADY BEEN

01:08 - 06.130 CONCEDED THAT PETITIONERS ARE

01:08 - 07.570 MEMBERS OF THE CLERGY, THERE

01:08 - 09.330 ARE MANDATORY REPORTERS AND THE

01:08 - 10.960 SOLE ISSUE BEFORE THE COURT IS

01:08 - 11.310 WHETHER

01:08 - 13.760 OR NOT. THEY ARE ENTITLED TO AN

01:08 - 15.200 EVIDENTIARY PRIVILEGE THAT IS

01:08 - 16.580 REFERRED TO IN THE CHILD

01:08 - 17.900 PROTECTIVE SERVICES LAW.

01:08 - 19.430 SO A FEW OF THE OTHER POINTS

01:08 - 20.380 THAT WE ADDRESSED

01:08 - 22.790 WAS THAT WE DO TRULY BELIEVE

01:08 - 23.880 THAT THIS WOULD PROVIDE AN

01:08 - 25.410 ADVISORY OPINION IT WOULD

01:08 - 26.860 VALIDATE SOME KIND OF DEFENSE

01:08 - 28.750 BECAUSE WE WOULD NEVER BRING

01:08 - 30.240 THE ENFORCEMENT ACTION AGAINST

01:08 - 33.690 THEM. SO WITH ISSUES PRESENTED

01:08 - 34.410 TO THE COURT

01:08 - 35.880 WE WOULD RESPECTFULLY ASK THAT

01:08 - 36.650 YOU DENY THE

01:08 - 39.340 THE APPLICATION FOR SUMMARY

01:08 - 40.550 JUDGMENT OR SUMMER RELIEF

01:08 - 42.550 HOWEVER, IT'S BEING DEFINED AND

01:08 - 44.060 THEN DISMISS THE PETITION

01:08 - 45.070 BECAUSE IT WOULD NOT BE

01:08 - 46.030 APPROPRIATE TO ENTER THE

01:08 - 47.060 DECLARATION AGAINST THE

01:08 - 47.860 DEPARTMENT.

01:08 - 52.210 JUDGE REJECTING OKAY, YEAH.

01:08 - 59.090 >>A TIME. I KNOW THAT YOUR

01:08 - 01.320 HONOR AND I GUESS IT WOULD HAVE

01:09 - 03.900 BEEN MY FAULT I SHOULD I WOULD

01:09 - 05.100 PRESUME I SHOULD HAVE FILED

01:09 - 07.430 ACROSS APPLICATION

01:09 - 08.950 SO I WILL SIMPLY HAVE

01:09 - 11.760 REQUESTED THAT THE COURT SEWASP

01:09 - 13.120 ON TAPE WITHOUT THE NEED FOR AN

01:09 - 16.340 APPLICATION BY THE RESPONDENT

01:09 - 17.960 TO DISMISS THE PETITION THAT

01:09 - 19.850 THAT WAS ADMITTEDLY MY FAILURE

01:09 - 20.460 IN DOING THAT.

01:09 - 25.530 YOU COULD SEE YOU LOOK LIKE YOU

01:09 - 27.600 HAVE A QUESTION BUT OUT TO DAN

01:09 - 29.090 THANK YOU VERY MUCH. THANK YOU

01:09 - 29.870 VERY MUCH.

01:09 - 36.160 >>I APPRECIATE THE VIGOROUS

01:09 - 38.070 ARGUMENT WE HAD ABOUT STANDING

01:09 - 39.640 BUT BUT STANDING WAS DECIDED

01:09 - 40.950 AND I THINK IT WAS WELL BRIEFED

01:09 - 43.220 AND WELL ARGUED IN MARCH OF

01:09 - 44.760 LAST YEAR AND DECIDED TO

01:09 - 46.350 CORRECTLY IN.

01:09 - 50.220 THE FAVOR THE

01:09 - 52.430 IDEAL ELDERS AND I THINK THE

01:09 - 53.700 DEPARTMENT SHOULD BE CAREFUL

01:09 - 55.140 WHAT IT'S ASKING FOR BECAUSE IT

01:09 - 56.310 WHAT IS REALLY TELLING

01:09 - 59.310 YOU IS WE WRITE THESE REGS WE

01:09 - 00.700 USE WORDS AND THE REDS WERE

01:10 - 03.000 CHARGED WITH GOD DIDN'T READ

01:10 - 04.290 THE WORD CHRISTIANS IN THE

01:10 - 06.230 STATUTE, IT'S IN THE STATUTE,

01:10 - 07.820 BUT THE DEPARTMENT HAS WRITTEN

01:10 - 10.150 REGULATIONS USING THOSE TERMS

01:10 - 11.330 OR NATO NEEDS

01:10 - 13.680 WRITTEN RAGS AND THOSE WORDS

01:10 - 15.060 MUST BE COUNCIL TODAY

01:10 - 16.050 REPRESENTING THE DEPARTMENT

01:10 - 17.460 STOOD UP AND USED TO NOT

01:10 - 18.800 DISCOUNT THE FACT THAT THEY

01:10 - 19.980 DON'T MAKE THE ULTIMATE

01:10 - 21.530 DETERMINATION AS TO

01:10 - 24.040 WHO'S CLERGY. WELL THE DATE

01:10 - 25.970 YOUR HONOR THERE MAKING

01:10 - 28.080 DETERMINATIONS ABOUT WHO'S A

01:10 - 30.010 MANDATORY TIME BY TAKING THE

01:10 - 31.310 LANGUAGE AND PUTTING IT INTO

01:10 - 32.750 REGULATIONS YOUR MUSINGS WERE

01:10 - 34.090 NOT ANSWER THE QUESTION.

01:10 - 39.050 JUST AS RESPONSIBLE FOR MAKING

01:10 - 40.480 THE ULTIMATE DETERMINATION AS

01:10 - 41.630 TO WHO MISS CLERGY

01:10 - 44.400 DO I DISPUTE THAT DAY I I

01:10 - 46.490 DISPUTE THAT ARE

01:10 - 49.030 CHARGED WITH CREATING I DO TO

01:10 - 50.240 SPEED I THINK IT'S THEIR

01:10 - 52.810 RESPONSIBILITY TO THEY HAD THE

01:10 - 54.400 STATUTORY OBLIGATION

01:10 - 56.580 TO DETERMINE WAS CLOSING BETTER

01:10 - 57.950 STATUTORY OBLIGATION RIGHT

01:10 - 59.000 REGULATIONS ABOUT HOW TO

01:10 - 59.470 IMPLEMENT

01:10 - 02.730 THE CBSL CERTAINLY NOT ANSWER

01:11 - 04.890 MY QUESTION. MY QUESTION IS IT

01:11 - 06.560 WHERE IT IS AND

01:11 - 11.140 DETERMINE

01:11 - 14.430 WHO'S CLERGY. I I WOULDN'T IT

01:11 - 15.330 OF COURSE, THERE'S NOWHERE

01:11 - 18.570 WHERE THAT OBLIGATION IS IS A

01:11 - 20.110 FORTUNE ON DEPARTMENT. BUT THE

01:11 - 21.560 DEPARTMENT IS CHARGED WITH

01:11 - 22.770 WRITING REGULATIONS TO

01:11 - 25.220 IMPLEMENT THE CBSL YOU NOW HAVE

01:11 - 26.090 BEFORE YOU.

01:11 - 28.170 A CRITIC WHAT LOOKS LIKE A A

01:11 - 29.660 CRITICAL PROBLEM IN THE CPS

01:11 - 31.430 SELL BECAUSE THERE ARE TERMS

01:11 - 33.050 THAT THE DEPARTMENT IS USING IN

01:11 - 34.700 OTHER REGULATIONS AND THEREFORE

01:11 - 36.160 MUST UNDERSTAND TO MEAN

01:11 - 38.540 SOMETHING IT WON'T TELL ANYONE

01:11 - 40.680 WHAT THOSE TERMS MEAN, AND

01:11 - 41.390 MEANWHILE

01:11 - 43.020 YOU HAVE YOU MIGHT WANT TO

01:11 - 44.640 THINK THAT SECRET I MEAN ARE WE

01:11 - 46.380 LEFT ALL THE TIME WITH STATUTE

01:11 - 47.820 THAT ON FOR A DEFINED IN THE

01:11 - 49.510 COURTROOM IS THAT COMMON

01:11 - 51.160 MEANING I SUPPORT AN ADDICTION

01:11 - 53.370 OR THAT IF I AGREE WITH YOU I

01:11 - 54.520 THINK THAT ALL THIS CASE

01:11 - 55.980 REQUIRES I THINK THAT'S WHERE

01:11 - 57.540 THE ISSUE IS NOT THAT YOU THAT

01:11 - 59.160 THE OTHERS ARE CLARITY THAT'S

01:11 - 00.210 NOT THE ISSUE.

01:12 - 01.590 WELL, YES,

01:12 - 04.750 YOU BACK WITH RESPECT TO ITS A

01:12 - 06.340 TAP OF THE ISSUE BECAUSE

01:12 - 08.980 THE DRUMMOND HAS NO PROBLEM

01:12 - 10.310 SAYING WILL THERE'S A QUESTION

01:12 - 11.960 FOR PURPOSES OF BEING MANDATORY

01:12 - 13.830 REPORTERS. IT HAS A BIG PROBLEM

01:12 - 15.580 APPARENTLY IN DEFINING THAT

01:12 - 17.280 EXACT SAME WORD CLERGY

01:12 - 19.090 WHEN DECIDING WHETHER THOSE

01:12 - 21.430 SAME ELDERS ARE ENTITLED TO THE

01:12 - 22.420 PENITENTIAL PRIVILEGE

01:12 - 23.560 PROTECTION PLAN WE'RE RIGHT

01:12 - 25.560 BACK TO VISIT THE DEPARTMENT OF

01:12 - 26.790 HUMAN SERVICES

01:12 - 29.240 OR IS IT ANOTHER ENTITY OR

01:12 - 31.120 ENTITIES WHERE THAT ACTUALLY

01:12 - 33.110 COMES INTO PLAY AND THERE COULD

01:12 - 35.580 BE REPERCUSSIONS FOR NOT

01:12 - 38.010 FOR NOT REPORTING THIS WHAT

01:12 - 39.900 I'M HEARING AND DON'T YOU HAVE

01:12 - 41.990 TO GET A SEARCH THAT PRIVILEGE

01:12 - 44.180 IN FACT NOT IN THEORY NO, I

01:12 - 45.410 MEAN NOT ANY MORE THAN YOU GET

01:12 - 47.090 INFO ACT NOT ANY MORE THAN THE

01:12 - 48.620 ACTOR TEAM DOCTOR DID I MEAN

01:12 - 50.890 I DON'T THINK YOU CAN FAIRLY

01:12 - 53.660 SAY YOUR HONOR THAT WITH THAT

01:12 - 54.560 BIG UNKNOWN WE'RE IN

01:12 - 56.210 FOR WHITE WHO HAD A WHOLE 48

01:12 - 57.800 HOURS TO DECIDE WHAT HE NEEDED

01:12 - 59.170 TO DO UNDER THE REGULATION.

01:13 - 02.360 IS ENTITLED TO TO A

01:13 - 04.430 DEC ACTION BUT AN INDIVIDUAL

01:13 - 07.360 WHO IS. REASON FOR THE POSITION

01:13 - 10.860 OF COMPLYING WITH A FELONY

01:13 - 11.630 POTENTIALLY COMMITTING A

01:13 - 13.880 FELONY OR AND HEARING TO HIS

01:13 - 15.480 FAITH AND PUTTING HIS FIRST

01:13 - 16.710 AMENDMENT AND ARTICLE ONE

01:13 - 17.530 RIGHTS AT RISK.

01:13 - 19.690 AND THAT DECISION BY THE WAY

01:13 - 21.370 NEEDS TO BE MADE IMMEDIATELY AS

01:13 - 22.310 SOON AS THE REPORTERS ME

01:13 - 24.000 THERE'S A 48 HOUR GRACE PERIOD,

01:13 - 25.250 I MEAN THERE IS AN IMMEDIATE

01:13 - 26.580 ONE, BUT THE REAL SOURCE TO THE

01:13 - 28.650 DEPARTMENT THIS APPLY ALSO TO A

01:13 - 30.140 MOMENT AND A MOM AND

01:13 - 35.740 WHEN A ROOF THE RABBI WHO GOT

01:13 - 37.530 THE MINISTER MADE SURE THAT IT

01:13 - 39.380 SHOULD IT SHOULD SO THEY NEED

01:13 - 41.290 TO COME TO THE DEPARTMENT ASKED

01:13 - 42.020 FOR DECLARED

01:13 - 44.770 A DROUGHT. I THINK IF THERE'S

01:13 - 46.210 ANY FAITH WHERE THERE'S

01:13 - 48.930 AMBIGUITY IN AND NOT A CLEAN

01:13 - 50.490 MATCHUP IN TERMS OF THE

01:13 - 52.580 STATUTORY THE NOMINATION OF

01:13 - 55.470 WHAT THE A PERSON WHO HAS THAT

01:13 - 56.730 ROLE IS AND

01:13 - 59.490 THE RELIGIOUS USE OF THE TERM

01:13 - 00.800 THAT THEN I THINK THOSE PEOPLE

01:14 - 02.440 NEED TO COME IN AND SEE CLARITY

01:14 - 03.860 IN WHAT AGAIN

01:14 - 06.180 I DON'T. I DON'T KNOW THAT

01:14 - 07.740 THERE'S A PERFECT ANSWER FOR

01:14 - 09.150 WHERE TO GO EXCEPT TO THIS

01:14 - 10.230 COURT. WE HAVE THESE PROBLEMS

01:14 - 11.360 AND THAT'S WHAT THAT'S WHAT.

01:14 - 14.000 DEC ACTIONS ARE FOR AND I DO

01:14 - 15.860 REMIND THE COURT TOO. LET'S NOT

01:14 - 17.830 COLLAPSE THE 2 CLAIMS IN ONE.

01:14 - 19.580 THERE'S A LOT OF THE RISING

01:14 - 21.460 TODAY ABOUT WHETHER THERE'S A

01:14 - 22.270 YOU KNOW IT WHETHER THEY'RE

01:14 - 23.460 INAPPROPRIATE PARTY FOR DEC

01:14 - 25.280 ACTION. REMEMBER WE BROUGHT A

01:14 - 26.060 CLAIM UNDER THE

01:14 - 29.210 CONSTITUTION TOO. AND I THINK I

01:14 - 30.330 HAVE A QUESTION OF THE

01:14 - 31.720 CONSTITUTION, A CONSTITUTION

01:14 - 33.150 WORTH THE A G

01:14 - 35.590 DID YOU ASK YOU TO COME IN

01:14 - 36.510 BECAUSE DON'T YOU HAVE TO HAVE

01:14 - 38.100 THE IS THE A G SUPPOSED TO BE

01:14 - 39.560 HERE. WE WENT I THINK THAT

01:14 - 41.970 ISSUE WAS WAS A SINK WE DEALT

01:14 - 43.430 WITH I KNOW I ARGUED AND I

01:14 - 44.170 THINK IT WAS A SICKLY

01:14 - 46.310 DEALT WITH IN THE MEMORANDUM

01:14 - 47.870 OPINION THAT HE DID BACK IN

01:14 - 49.400 MARCH OF LAST YEAR YESTERDAY

01:14 - 50.880 AND EVEN THOUGH IT AT THE BACK

01:14 - 52.000 OF THE OPINION THERE'S A

01:14 - 53.820 DISCOURSE ABOUT THE FACT THAT

01:14 - 54.910 THE ATTORNEY GENERAL'S OFFICE

01:14 - 56.420 DID A SUFFICIENTLY RECEIVE

01:14 - 59.060 NOTICE AND WAS SUFFICIENTLY

01:14 - 00.600 SERVED AND HAD TO DO WITH

01:15 - 03.880 PACKED AND SOME QUESTION SHOULD

01:15 - 05.820 PROBABLY ASK THE CHEST COUNSEL

01:15 - 10.240 YOU KNOW WAS MADE TO DHS

01:15 - 12.270 REPORTING A POSSIBLE VIOLATION

01:15 - 13.300 WE'RE GOING TO DO

01:15 - 15.590 WITH IT. THEY RECORD THE CALL

01:15 - 16.540 THEY PASSED ALONG TO

01:15 - 18.810 LAW ENFORCEMENT FOR THE PAST

01:15 - 20.120 IRAN FROM LAW ENFORCEMENT

01:15 - 21.100 THEY'RE SUPPOSED TO

01:15 - 23.540 AND OKAY. YOU KNOW THEY'RE

01:15 - 25.040 MAKING AN INTERPRETATION OF

01:15 - 27.010 MISTER BUSH AND THAT THE CALL

01:15 - 28.400 WAS VALID AND THERE'S BEEN A

01:15 - 30.040 VIOLATION WHERE THERE IS

01:15 - 32.370 EXACTLY ONE ENTITY IN IN THE

01:15 - 34.610 STATUTORY SCHEME. THAT IS

01:15 - 36.580 REQUIRED TO GET NOTICED YOU

01:15 - 39.770 MUST SPEAK IF YOU ARE IN A A A

01:15 - 42.720 A A AND EFFICIENT IN ANY FAITH

01:15 - 42.850 AND

01:15 - 45.520 YOU RECEIVE. A REPORT OF CHILD

01:15 - 47.080 SEXUAL ABUSE THAT'S NOT IN A

01:15 - 48.830 POTENTIAL CONFLICT CONTACT.

01:15 - 51.500 THERE'S EXACTLY ONE AUTHORITY

01:15 - 53.340 IN ENTITY, THE YOU MUST GIVE

01:15 - 54.560 NOTICE TO RE-SHOOT COMMITTED A

01:15 - 55.840 FELONY POTENTIALLY AND THAT'S

01:15 - 57.140 THE DEPARTMENT YOU KNOW I GO

01:15 - 58.140 BACK TO WHAT YOU SAID THE

01:15 - 59.760 MOTHER IS IN AND THANK YOU

01:16 - 02.080 HEARING HERE WHETHER THESE

01:16 - 03.650 INDIVIDUALS SHOULD BE DOING AS

01:16 - 04.240 CLERGY

01:16 - 06.570 AND THAT WHAT I'VE BEEN

01:16 - 08.380 STRUGGLING WITH THIS WHOLE TIME

01:16 - 09.630 AND LOOKING AT THIS CASE FROM

01:16 - 09.910 THE

01:16 - 12.590 VERY BEGINNING AND I RAISE A

01:16 - 14.340 QUESTION WITH YOU INITIALLY HAS

01:16 - 15.650 TO HOW DO WE

01:16 - 18.560 SORT OUT 2 ON THE JOB OR ARE

01:16 - 20.470 ENTANGLED THAT AMBIGUITY.

01:16 - 23.430 AND FINDING OUT WEATHER.

01:16 - 25.400 THE INDIVIDUAL IS OR IS NOT

01:16 - 27.960 CLERGY AND HOW DO WE TESTED.

01:16 - 30.240 WELL WELL I THINK THERE ARE

01:16 - 31.930 DIFFERENT TESTS THAT CAN BE

01:16 - 35.530 OUR LADY OF GUADALUPE BE THE

01:16 - 36.660 SUPREME COURT HATE US SUPREME

01:16 - 37.940 COURT CASE IN 2020.

01:16 - 40.070 HAD A NICE DISCOURSE AND

01:16 - 41.850 DISCUSSION ABOUT THE USE OF

01:16 - 42.300 TITLES

01:16 - 44.250 AND HOW TITLES ARE HELPFUL BUT

01:16 - 45.410 THEY ULTIMATELY DON'T MEAN

01:16 - 46.230 ANYTHING BECAUSE YOU GOT

01:16 - 48.120 CORRECT THE SUBSTANCE OF WHAT

01:16 - 49.660 THE RELIGIOUS LEADER DOES AND

01:16 - 49.880 WE

01:16 - 54.650 DO HAVE. YOU KNOW FROM GUARDIAN

01:16 - 54.730 TO

01:16 - 56.620 THE POOR AND CALM WITH THE

01:16 - 58.040 STEWART ACTUALLY IS PRETTY GOOD

01:16 - 00.050 THIS TO DISCUSSION OF THE TYPES

01:17 - 00.880 OF THINGS THAT

01:17 - 02.720 WE DIFFERENTIATE.

01:17 - 05.330 CLERGY WHO ARE ENTITLED TO THIS

01:17 - 07.300 PROTECTION AND FOLKS WHO AREN'T

01:17 - 08.490 ANY HAS TO DO WITH THE

01:17 - 09.270 INFORMATION WE HAVE BEEN

01:17 - 11.460 HEARING FOR THE COURT HAS STOOD

01:17 - 13.270 AS OPPOSED DO IT JUST

01:17 - 15.700 DO IT. IT INCLUDES STATES IF

01:17 - 16.290 THEY DON'T MAKE THAT

01:17 - 17.580 DETERMINATION. THEY HAVE NOT

01:17 - 19.340 SETUP OR 20 OR 30 TO MAKE THAT

01:17 - 20.490 DETERMINATION AND ARE NOT

01:17 - 21.500 TAKING A POSITION.

01:17 - 23.930 WE WOULD HAVE A HEARING HAD THE

01:17 - 25.400 DEPARTMENT ACTUALLY CONTESTED

01:17 - 25.620 ANY

01:17 - 27.590 THE FACTS. YEAH, HERE'S WHAT

01:17 - 28.570 COULD HAVE HAPPENED YOU'RE OUT

01:17 - 30.140 OF YOUR EVEN SAYING TO US THAT

01:17 - 32.170 VOTING BOOTH HERE IS HOW WHAT

01:17 - 33.730 ARE WE GOING TO THE MOON WHEN

01:17 - 34.560 THERE'S NOBODY ON THE

01:17 - 36.910 OTHER SIDE TESTING I DON'T

01:17 - 38.750 THINK ITS AMBIGUOUS I THINK YOU

01:17 - 40.180 SHOULD BETTORS AND HIM BEING

01:17 - 41.680 WITH US PLAYER HERE NO I THINK

01:17 - 42.980 SOME I THINK OTHER PEOPLE WOULD

01:17 - 44.800 ARGUE THAT THIS AND DOING I

01:17 - 47.810 THINK I THINK YOU I DON'T THINK

01:17 - 48.900 YOU'D BE HERE YOU'RE ASKING FOR

01:17 - 50.690 A DECLARATORY RELIEF ROUTE

01:17 - 52.980 BECAUSE I'M NOT I I WISH MATT

01:17 - 55.460 HAVERSTICK COULD OPINE ON THAT

01:17 - 59.900 LOT OF AS YOU ARE. MISTER HAVE

01:17 - 00.390 RIGHT NOW.

01:18 - 04.950 BUT WE DON'T WE DON'T AND

01:18 - 06.960 WE CAN. SO WE THINK THE

01:18 - 08.320 ARGUMENT THAT THE CORRECT

01:18 - 09.090 ARGUMENT NEWS.

01:18 - 11.730 STRAIGHT STATUTORY CONSTRUCTION

01:18 - 12.950 ARE CAN YOU LOOK AT THE TERMS

01:18 - 13.950 OF THE LOOK AT THE DIFFERENT

01:18 - 15.000 DIRECTION DIDN'T THEY

01:18 - 17.040 DICTIONARY DEFINITION

01:18 - 20.690 ELDERS BASED ON THE

01:18 - 22.120 FACTUAL REPRESENTATION

01:18 - 23.810 UNCONTESTED THAT WE MADE IN THE

01:18 - 26.180 RECORD MATCH UP WITH WHAT

01:18 - 27.000 CLERGY IN

01:18 - 29.610 CLERGYMEN ARE HARD TO FIND AS

01:18 - 31.250 IN IN IN A DICTIONARY AND IN

01:18 - 33.150 OUR RELEVANT WE'RE MISTER

01:18 - 34.470 ADVERSITY AND I KEEP

01:18 - 36.380 SPIN AROUND ON THIS AND I GO

01:18 - 37.820 BACK TO LAST YEAR AND THIS YEAR

01:18 - 39.680 AND PROBABLY NOT NEXT YEAR TOO

01:18 - 41.300 AND JUST AS POPPING UP AGAIN.

01:18 - 43.430 BUT THIS IS ALL ABOUT.

01:18 - 45.730 RIGHT YES MISTER HAVE THE

01:18 - 47.810 PRIVILEGE AND IS IT VALID AND

01:18 - 48.540 WHO SHOULD MAKE THAT

01:18 - 49.880 DETERMINATION. THAT'S A

01:18 - 51.360 JUDICIAL DETERMINATION OF

01:18 - 53.790 THAT'S NOT THE DEPARTMENT'S JOB

01:18 - 55.590 AND BUSINESSES SEPARATION OF

01:18 - 57.560 POWERS ISSUE NOW WE ARE HONORED

01:18 - 59.270 THAT IT BECAUSE I CAN CONCLUDE

01:18 - 00.820 THAT THE PRIVILEGE APPLIES TO

01:19 - 02.460 YOU IN THE COURTS ARE STOCK

01:19 - 04.210 KNOW IT'S A SOMEWHAT THEY COULD

01:19 - 05.800 CONCLUDE THAT THE PRIVILEGE

01:19 - 07.070 APPLIES TO US AND SOME OF THE

01:19 - 08.280 CHALLENGE THAT THEY COULD BE

01:19 - 09.800 THERE COULD BE A PROSECUTION

01:19 - 11.250 DOWN THE WORLD OBLIGATION TO

01:19 - 12.560 ASSERT THE PRIVILEGE FIRST.

01:19 - 14.740 YEAH THAT BUT YOU'RE ON

01:19 - 16.090 IT BECAUSE THERE'S NO WORK WITH

01:19 - 18.040 THE REASON DECK ACTIONS EXIST.

01:19 - 19.230 HE SAID THAT YOU DON'T HAVE TO

01:19 - 21.650 PUT BY PAUL SUN LIKE THE ACTOR

01:19 - 23.130 TEEN DOCTOR, I HATE TO HARP ON

01:19 - 24.840 THAT FELLOW BUT HE'S A GOOD

01:19 - 26.590 EXAMPLE BOARD. YOU DON'T HAVE

01:19 - 29.220 TO PUT THAT PERSON IN IT

01:19 - 30.150 IN BETWEEN.

01:19 - 31.810 >>WITH THE ROCK AND HARD

01:19 - 33.590 PLACE OF COMPLIANCE WITH THE

01:19 - 36.520 LAW FOR VIOLATING A YOU KNOW IT

01:19 - 37.670 AND ETHICAL BOTH

01:19 - 39.210 WE'RE ASKING THE SAME THING

01:19 - 40.590 HUMAN THAT THAT'S WHY THESE

01:19 - 42.620 COURT UNFORTUNATELY I THINK FOR

01:19 - 44.300 YOU HAS TO ENTERTAIN DECK

01:19 - 45.710 ACTIONS AT SOME POINT.

01:19 - 47.860 IF THERE'S NO OTHER PLACE TO GO

01:19 - 49.420 TO GET AN INTERPRETATION OF

01:19 - 51.620 WHAT THE LAW MEANS AND

01:19 - 53.730 THE CORRECT PLAINTIFF IS IN A

01:19 - 55.990 POSITION WHERE HE DESERVES TO

01:19 - 57.990 KNOW HE WANTS TO KNOW HE HAS NO

01:19 - 00.090 PLACE ELSE TO GO AND THE ONLY

01:20 - 01.420 OTHER WAY FOR THAT PERSON TO

01:20 - 01.620 GET

01:20 - 03.550 THE ANSWER IS TO RISK BEING

01:20 - 05.830 PROSECUTED FOR A FELONY OR

01:20 - 08.040 VIOLATE THE CORE TENANT OF HIS

01:20 - 10.220 RELIGIOUS BELIEFS. WELL THEN IT

01:20 - 11.370 IS THE COURT'S JOB

01:20 - 13.090 UNFORTUNATELY, OR FORTUNATELY

01:20 - 15.070 DEPENDING AND HEAR SIDE OF THE

01:20 - 15.710 PODIUM, I GUESS

01:20 - 17.190 TUNE IN TO SORT OUT THESE

01:20 - 19.730 ISSUES AND TO MY EYES JUST THIS

01:20 - 21.190 LAST QUESTION FINAL QUESTION

01:20 - 22.360 BECAUSE WE'RE BUT I JUST WANTED

01:20 - 23.600 TO MAKE SURE THAT IT'S CLEAR

01:20 - 24.940 ALSO FOR THE RECORD THAT EVEN

01:20 - 27.090 IF THE PRIVILEGE EXISTS THERE

01:20 - 28.950 ARE STILL OTHER FACTORS.

01:20 - 31.590 >>BUT A COURT HAS TO ENTERTAIN

01:20 - 32.770 AND MAKE FINDINGS.

01:20 - 36.090 ABOUT TO DETERMINE IF IN FACT

01:20 - 38.200 THE PRIVILEGE WAS APPROPRIATE

01:20 - 39.850 IN THIS CASE HAS NEVER BEEN

01:20 - 43.190 ABOUT THE APPLICATION OF OF.

01:20 - 45.720 THE PARTICULAR THE PRIVILEGE IN

01:20 - 47.800 ANY PARTICULAR FACT CONTEXT

01:20 - 49.330 KNOW ONE HAS EVER ASKED AND

01:20 - 50.830 WE'VE TO THE CONTRARY SAID

01:20 - 52.430 MULTIPLE TIMES TO THE

01:20 - 54.140 DEPARTMENT TO THIS COURT WE'RE

01:20 - 56.390 NOT ASKING 4, 8, 8,

01:20 - 58.550 8 BLANKET COVERAGE IN ALL

01:20 - 00.360 CIRCUMSTANCES FOR APPLICATION

01:21 - 02.390 OF THIS PRIVILEGE WE JUST WANT

01:21 - 03.130 TO KNOW

01:21 - 06.100 OUR ELDERS ELIGIBLE TO EVEN A

01:21 - 08.090 CERTAIN AT ALL THAT'S WHERE

01:21 - 09.050 THEY ARE ASKING FOR

01:21 - 10.930 AND I THINK THAT CAN BE DECIDED

01:21 - 13.260 BY THIS COURT DEFINING THE

01:21 - 15.300 TERM CLERGY AND CLERGYMEN IN

01:21 - 16.970 THE RELEVANT STATUTORY SCHEME

01:21 - 17.560 AND

01:21 - 19.870 UNFORTUNATELY AGAIN YOU'RE THE

01:21 - 21.780 ONLY PEOPLE WHO HAVE SHOWN ANY

01:21 - 22.960 WILLINGNESS TO DO IT.

01:21 - 25.260 THANK YOU VERY MUCH AND THANK

01:21 - 26.850 YOU FOR ALL OF THE QUESTIONS

01:21 - 29.380 THAT WE'VE HAD AND FOR ARGUMENT

01:21 - 30.820 ON THE SUBJECT YOUR HONOR IS

01:21 - 32.080 THERE ANY ABILITY TO HAVE

01:21 - 33.320 ISSUED VERY SHORT SERVE

01:21 - 34.900 REBUTTAL AND THE ONLY THE 2

01:21 - 36.070 ISSUES THAT CAME UP THAT WERE

01:21 - 37.890 BRAND-NEW ON HIS MODEL AND THAT

01:21 - 39.040 WOULD HAVE BEEN FROM JUDGE

01:21 - 40.250 REJECTING JUDGE MCCOLLOUGH.

01:21 - 42.880 >>WELL YOU KNOW IT YOU DIDN'T

01:21 - 44.680 USE ALL OF YOUR TIME SO I'M

01:21 - 46.890 GOING TO BRIEFLY ALLOW YOU TO

01:21 - 48.460 MINUTES. THANK YOU YOUR HONOR

01:21 - 49.450 AND IT WILL BE IN VERY

01:21 - 51.860 JUDGE MCCALLIE YOU ASKED WAS

01:21 - 53.650 THE ATTORNEY I'M SORRY DID WELL

01:21 - 56.690 TO KEEP IT IF THE ATTORNEY

01:21 - 58.190 GENERAL WAS PROPERLY NOTICED ON

01:21 - 58.260 THE

01:21 - 59.520 CONSTITUTIONAL CLAIM.

01:22 - 01.490 >>I SUBMIT TO YOU THAT WHILE

01:22 - 02.730 THE MEMORANDUM OPINION DID

01:22 - 03.940 ADDRESS IT IT ADDRESSED

01:22 - 05.530 INCORRECTLY AND THIS ISSUE IS

01:22 - 06.920 BEFORE THE SUPREME COURT

01:22 - 09.770 THIS WEEK. THE FILING HAS NEVER

01:22 - 10.390 BROUGHT SOME MADE

01:22 - 14.160 A MISTAKE. SO THE E FILING HAS

01:22 - 15.660 NEVER BEEN AN ACCEPTED FORM OF

01:22 - 16.480 SERVICE BY THE

01:22 - 18.640 ATTORNEY GENERAL THAT THAT'S

01:22 - 19.550 WHY WE HAVE THE RULE OF

01:22 - 21.410 APPELLATE PROCEDURE 5.21 THAT

01:22 - 23.310 REQUIRE SPECIFIC SEPARATE

01:22 - 24.830 WRITTEN NOTICE TO THE ATTORNEY

01:22 - 26.830 GENERAL THAT THEN GETS FILED ON

01:22 - 28.510 THE DOCKET NOTHING IS EVER BEEN

01:22 - 30.210 FILED ON THE DOCKET HERE AND

01:22 - 31.290 JUDGE MCCALLIE YOU WOULD

01:22 - 33.720 SPECIFICALLY ASKED WHAT

01:22 - 35.270 INFORMATION IS PROVIDED TO LAW

01:22 - 37.260 ENFORCEMENT IS DHS MAKING SOME

01:22 - 38.590 SORT OF DETERMINATION.

01:22 - 40.050 AND I SUBMIT TO YOU THAT THE

01:22 - 41.380 ONLY DETERMINATION THAT IS

01:22 - 43.180 BEING MADE IS WHAT IS THE LEVEL

01:22 - 44.260 OF CHILD ABUSE

01:22 - 46.340 THAT THEY ARE YOU KNOW YOU PUT

01:22 - 46.570 INTO

01:22 - 48.650 LAW ENFORCEMENT WE'RE PURSUING

01:22 - 50.180 THERE'S 2 PLACES THAT WE REPORT

01:22 - 51.740 THE INFORMATION TO THAT'S WHY

01:22 - 52.920 THERE'S A DETERMINATION.

01:22 - 54.520 IT IS A

01:22 - 56.570 THE CHILD NOT RECEIVING FOOD

01:22 - 58.010 THE CHILD LOOKS DIRTY. IT'S

01:22 - 00.470 GOING TO A COUNTY CPS AGENCY.

01:23 - 02.770 IT IS THE CHILD IS BEING BEAT

01:23 - 04.610 THE CHILD IS THREATENED WITH

01:23 - 05.780 HARM IT'S GOING TO LAW

01:23 - 07.720 ENFORCEMENT THAT IS THE ONLY

01:23 - 09.290 DETERMINATION EVER BEING MADE

01:23 - 10.920 BY THE EU REPORT TO LAW

01:23 - 12.580 ENFORCEMENT THAT THAT WAS MY

01:23 - 13.990 CHILD IS BEING HARMED. YEAH

01:23 - 15.010 THEY ARE GOING TO GET OUT

01:23 - 16.730 ABUSE. OK RIGHT THE IMPLICATION

01:23 - 17.990 WAS THAT WE WERE MAKING SOME

01:23 - 19.960 DETERMINATION THAT BECAUSE THE

01:23 - 21.780 PERSON REPORTING WAS A MEMBER

01:23 - 23.440 OF THE CLERGY IT HAD TO GO TO

01:23 - 25.490 OUR SOURCES SAID THE REPORTED

01:23 - 25.760 TO LAW

01:23 - 27.630 ENFORCEMENT THAT I THINK MAYBE

01:23 - 29.470 EVEN GET A CLARIFICATION ZEDD

01:23 - 30.620 THANK YOU VERY MUCH.

01:23 - 33.030 >>ARE YOU DOING MIKE YOU AND WE

01:23 - 34.930 WILL TAKE IT UNDER ADVISEMENT.

01:23 - 40.220 NEXT ON THE LIST NUMBER

01:23 - 45.660 SO THE MEXICAN NATIONAL

01:23 - 47.640 INSURANCE COMPANY AS THE

01:23 - 48.300 DESIGNATED

01:23 - 50.290 TO POLAND. CRUCES DELAWARE

01:23 - 53.630 COUNTY, THE PELLEY AND

01:23 - 55.450 ALSO IN THE INTERNATIONAL

01:23 - 56.060 FIDELITY

01:23 - 58.350 INSURANCE COMPANY. IN THE

01:23 - 59.840 APPEAL OF THE INTERNATIONAL

01:23 - 01.430 FIDELITY INSURANCE COMPANY THE

01:24 - 02.780 DESIGNATED HELEN.

01:24 - 05.410 WAS CONSOLIDATED APPEALS

01:24 - 07.160 CONCERN ACTS 16 OF

01:24 - 10.090 2015, WHICH MODERNIZED AND

01:24 - 11.690 REGULATED THE BILL INDUSTRY

01:24 - 13.810 IN PENNSYLVANIA. AMONG THE

01:24 - 16.040 CHANGES MADE BY ACTS 6 TEEN IS

01:24 - 16.380 THE MOVE

01:24 - 19.780 AND BAIL BONDSMAN BE LICENSED

01:24 - 21.210 INSURANCE AGENTS WITH THE

01:24 - 22.250 CASUALTY LINE

01:24 - 25.040 OF AUTHORITY. AT 16 BECAME

01:24 - 26.010 EFFECTIVE ON

01:24 - 30.190 10/30/2015. AND AS OF THAT DATE

01:24 - 31.820 ARE EXISTING PROFESSIONAL

01:24 - 33.660 BONDSMEN LICENSES BECAME

01:24 - 35.440 INACTIVE AND ARE NO LONGER

01:24 - 35.960 VALID.

01:24 - 39.790 IN MARCH 2016 5 MONTHS AFTER

01:24 - 40.840 ACTS, 16 WENT

01:24 - 42.900 INTO EFFECT. DELAWARE COUNTY

01:24 - 44.310 AMENDED AND THAT PLACED ITS

01:24 - 47.150 LOCAL CRIMINAL GREW BY 31 E

01:24 - 50.300 WHICH WILL IMPOSE THE LICENSE

01:24 - 52.190 SURE THESE AND THEIR AGENTS

01:24 - 54.170 TO POST CASH SECURITY WITH

01:24 - 55.380 DELAWARE COUNTY AS A

01:24 - 57.350 REQUIREMENT TO BE QUALIFIED

01:24 - 59.160 AS A CORPORATE SURETY OR

01:24 - 01.380 AGENT THEREOF LEXINGTON

01:25 - 03.210 NATIONAL INSURANCE CORPORATION

01:25 - 05.570 AND AND INTERNATIONAL GALA TEA

01:25 - 07.070 INSURANCE COMPANY. THE

01:25 - 07.780 DESIGNATED

01:25 - 10.160 APPELLANT HERE I MY SONS TO

01:25 - 10.860 DELLA TEA AND

01:25 - 13.110 SURETY INSURERS THAT AMONG

01:25 - 14.680 OTHER THINGS AND ARE RIGHT TO

01:25 - 17.610 BONDS IN PENNSYLVANIA. PURSUANT

01:25 - 18.300 TO THE AMENDED

01:25 - 20.060 LOCAL RULE DESIGNATED

01:25 - 22.060 APPELLANTS PLACED DEPOSITS WITH

01:25 - 23.110 DELAWARE COUNTY

01:25 - 23.910 TOTALING

01:25 - 27.110 325,000 FOR LEXINGTON AND

01:25 - 28.220 100,000 FOR

01:25 - 29.650 INTERNATIONAL FIDELITY

01:25 - 31.700 DESIGNATED APPELLANTS

01:25 - 33.600 SUBSEQUENTLY FILED PETITIONS IN

01:25 - 34.910 THE COURT OF COMMON PLEAS OF

01:25 - 37.020 DELAWARE COUNTY SEEKING RELIEF

01:25 - 39.260 AND BILL DEPOSITS HELD AS

01:25 - 39.990 COLLATERAL

01:25 - 42.060 FOR SECURITY, COMMON PLEAS

01:25 - 43.400 DENIED THE PETITIONS FOR A

01:25 - 45.540 REFUND. ON APPEAL TO

01:25 - 47.130 THE COURT. THOSE ADMITTED

01:25 - 48.430 APPELLANTS ASSERT THAT THE

01:25 - 50.740 REQUIREMENT OF SURETY DEPOSITS

01:25 - 53.450 IN LOCAL CRIMINAL RULE, 5.31 E

01:25 - 56.330 IS PREEMPTED BY ACT 16 AND

01:25 - 57.000 PENNSYLVANIA

01:25 - 58.920 INSURANCE LAWS. WE'RE

01:25 - 00.490 SPECIFICALLY THEY ALLEGE THAT

01:26 - 02.070 THE MOOD FOR THE DEPOSITS THAT

01:26 - 04.850 EXISTED PRIOR TO AXE 16 HAS

01:26 - 06.700 BEEN ELIMINATED AND IT IS THE

01:26 - 08.190 EXCLUSIVE RIGHT OF THE

01:26 - 09.450 PENNSYLVANIA INSURANCE

01:26 - 11.190 DEPARTMENT TO REGULATE THE

01:26 - 12.760 FINANCIAL REQUIREMENTS FOR

01:26 - 13.980 INSURANCE COMPANIES

01:26 - 16.910 AND PRODUCERS BEST INVALIDATING

01:26 - 18.840 ANY LOCAL RULE REQUIRING

01:26 - 19.690 SECURITY FROM A

01:26 - 22.240 BAIL BONDSMAN DELAWARE COUNTY

01:26 - 24.560 IN TURN ARGUES THAT ACTS 16

01:26 - 26.540 APPLIES ONLY WITH BAIL BONDSMAN

01:26 - 28.570 AND NOT TO CORPORATE CHARITIES.

01:26 - 30.060 SUCH AS THE DESIGNATED TO

01:26 - 32.260 POUNCE HERE. DELAWARE COUNTY

01:26 - 33.230 FURTHER ARGUES THAT

01:26 - 34.640 PENNSYLVANIA RULE OF CRIMINAL

01:26 - 37.140 PROCEDURE 5.31 EXPLICITLY

01:26 - 39.200 ALLOWS LOCAL COURT RULES TO

01:26 - 40.460 PRESCRIBE ADDITIONAL

01:26 - 42.210 REQUIREMENTS AND CORPORATE

01:26 - 43.040 CHARITIES.

01:26 - 47.820 DESIGNATED HELEN. YOU MAY

01:26 - 50.330 SEED WOULD YOU LIKE ANY

01:26 - 52.950 REBUTTAL TIME. GETTING OUR

01:26 - 54.980 2 MINUTES PLEASE 2 MINUTES YOU

01:26 - 55.480 HAVE IT.

01:26 - 59.530 MY NAME IS ADAM

01:26 - 00.550 SCHEIN BOARD WITH THE LAW FIRM

01:27 - 01.490 DECHERT SIEMENS ON

01:27 - 04.630 >>THE PALINS LEXINGTON NATIONAL

01:27 - 06.220 INSURANCE CORPORATION AND

01:27 - 08.070 WITHOUT THE INSURANCE COMPANY.

01:27 - 11.690 IN THESE CONSOLIDATED APPEALS.

01:27 - 15.450 THE ORDERS OF THE DELAWARE

01:27 - 16.990 COUNTY COURT OF COMMON PLEAS

01:27 - 18.440 WHICH UPHELD THE VALIDITY OF

01:27 - 21.780 LOCAL 5.31 BE THAT WILL REQUIRE

01:27 - 23.800 SURE THESE SUCH AS APPELLANTS

01:27 - 24.220 TO POSE.

01:27 - 27.400 WITH THE COUNTY IS A

01:27 - 28.960 SUBSTANTIVE QUALIFICATION OF

01:27 - 30.380 THE RIGHT TO POST BAIL LAWS

01:27 - 31.180 WITHIN THE COUNTY.

01:27 - 34.520 >>SO MANY DESCRIBED

01:27 - 39.180 THE

01:27 - 41.840 CORPORATE RATE. CASH OR

01:27 - 43.230 UNCOVERED SECURITIES.

01:27 - 46.860 YOUR

01:27 - 48.510 ARGUMENT THAT WE SHOULDN'T BE

01:27 - 50.540 REQUIRED OF CASH ANY SECURITY

01:27 - 52.250 YOUR HONOR, ANY SECURITY AT ALL

01:27 - 55.200 YES BECAUSE IT VIOLATES THE

01:27 - 57.710 STATE STATUTE. IT DIRECTLY

01:27 - 59.190 CONTRADICTS THE STATE STATUTE

01:27 - 00.590 WHICH SETS FORTH THE ACCEPTABLE

01:28 - 01.930 RISK LIMITATIONS SECURITY

01:28 - 03.570 REQUIREMENTS, AND DEPOSITS THAT

01:28 - 04.850 ARE ACQUIRED BY INSURERS IN THE

01:28 - 06.010 COMMONWEALTH OF PENNSYLVANIA.

01:28 - 06.900 >>WE'VE BEEN ISSUED A

01:28 - 08.210 CERTIFICATE BY THE INSURANCE

01:28 - 09.820 COMMISSIONER AND THE RULE IS

01:28 - 13.010 BASED UPON. A SUPREME

01:28 - 15.060 COURT RULES CONCERNING.

01:28 - 19.740 ON GREAT ITS BASE, IT'S

01:28 - 21.430 DERIVED FROM THE STATE

01:28 - 22.760 SUPREME COURT CRIMINAL RULE

01:28 - 23.780 5.31 AT.

01:28 - 25.220 >>AND WHAT DOES THAT MEAN

01:28 - 26.270 BECAUSE IT SAYS.

01:28 - 28.290 IT DIDN'T COME INTO

01:28 - 30.160 CONTACT 16TH SUBJECT TO ANY

01:28 - 31.280 ADDITIONAL REQUIREMENTS

01:28 - 33.270 DESCRIBED BY LOCAL REPORT, SO

01:28 - 34.230 WHAT ARE THE ADDITIONAL

01:28 - 35.720 REQUIREMENTS THAT CAN BE.

01:28 - 39.830 THE PROJECTED PROCEDURAL

01:28 - 41.620 REQUIREMENTS, YOUR HONOR THAT'S

01:28 - 42.930 THE CRITICAL DISTINCTION HERE.

01:28 - 44.980 THE RULES OF CRIMINAL PROCEDURE

01:28 - 45.930 JUST LIKE THE RULES OF CIVIL

01:28 - 47.000 PROCEDURE JUST LIKE THE RULES

01:28 - 48.200 OF APPELLATE PROCEDURE ARE

01:28 - 50.150 PROCEDURAL IN NATURE THEY ARE

01:28 - 52.120 NOT SUBSTANTIVE QUALIFICATIONS

01:28 - 53.600 OF A RIGHT TO DO BUSINESS IN

01:28 - 54.220 THE COUNTY.

01:28 - 55.710 >>THAT IS THE CRITICAL

01:28 - 56.720 DISTINCTION HERE IN THIS

01:28 - 59.310 APPEAL. THE AU BON SPIN ARE

01:28 - 00.480 REQUIRED TO BE

01:29 - 03.490 LICENSED INSURANCE. BY THE

01:29 - 05.260 INSURANCE DEPARTMENT PRECISELY

01:29 - 07.970 THE COVID THE THE COALESCENCE

01:29 - 10.630 BACK 16 AND THE INSURANCE

01:29 - 12.440 DEPARTMENT ACT AND ALL OF THE

01:29 - 13.650 LAWS AND REGULATIONS GOVERNING

01:29 - 14.740 INSURANCE COMPANIES COME

01:29 - 15.890 TOGETHER THAT IS THE

01:29 - 17.480 SUBSTANTIVE QUALIFICATION TO DO

01:29 - 19.490 BUSINESS TO POST A BOND TO BE A

01:29 - 21.660 SHORTY IN DELAWARE COUNTY WERE

01:29 - 22.600 IN ANY COUNTY IN THIS

01:29 - 24.170 COMMONWEALTH. ANY OTHER

01:29 - 25.720 INTERPRETATION WOULD HAVE EVERY

01:29 - 27.160 INSURANCE COMPANY SUBJECT TO

01:29 - 28.940 DIFFERENT RISK LIMITATIONS IN

01:29 - 30.220 EVERY SINGLE ONE OF THE

01:29 - 32.430 67 COUNTIES AT THE DISCRETION.

01:29 - 33.480 THE APPARENTLY UNLIMITED

01:29 - 35.830 DISCRETION PROBABLY WIAC 16

01:29 - 37.460 TOOK EVERYTHING OUT TO MAKE

01:29 - 38.800 SURE THERE IS UNIFORMITY IN

01:29 - 40.210 PROTECTION AROUND THE STATE.

01:29 - 42.180 AT 16 HAD A VARIETY OF

01:29 - 44.560 PURPOSES THE MOST IMPORTANT TO

01:29 - 46.320 HAVE WHICH WAS TO CREATE A

01:29 - 48.520 UNIFORM AND STATE WIDE SYSTEM

01:29 - 49.610 OF REGULATION OF THE BAIL

01:29 - 51.530 BONDSMAN AND THE BAIL BOND

01:29 - 52.150 INDUSTRY.

01:29 - 54.910 PRIOR TO ACT 16 A BAIL BONDSMAN

01:29 - 57.290 WAS NOT REQUIRED TO BE AN

01:29 - 58.350 INSURANCE AGENT WAS NOT

01:29 - 59.700 REQUIRED TO BE BACKED BY AN

01:29 - 01.350 INSURANCE COMPANY COULD BE AN

01:30 - 02.920 INDIVIDUAL COULD BE A COMPANY

01:30 - 04.840 COULD ANYONE REALLY

01:30 - 07.140 WHO HAD SUFFICIENT CAPITAL AND

01:30 - 09.240 SECURITY AT THE ABILITY TO TO

01:30 - 11.310 POST THE BOND. WE HOST

01:30 - 14.030 ACTS 16 EVERY BAIL BONDSMAN

01:30 - 16.120 POST BAIL

01:30 - 18.000 FOR COMPENSATION. THIS DOESN'T

01:30 - 19.330 APPLY TO MOM AND THAT JUST

01:30 - 20.920 DOESN'T APPLY EVEN TO AN

01:30 - 22.110 EMPLOYER WHO DOES IT FOR AN

01:30 - 24.200 EMPLOYEE. THIS APPLIES TO

01:30 - 25.620 ANYONE WHO DOES IT FOR

01:30 - 27.590 COMPENSATION FOR A PROFESSIONAL

01:30 - 29.350 ENGAGED IN THE BUSINESS OF

01:30 - 30.210 POSTING BAIL.

01:30 - 32.160 >>CAN YOU GIVE ME SOME EXAMPLES

01:30 - 32.730 OF WHAT WOULD BE

01:30 - 35.610 A PROCEDURAL. ISSUE FOR THE

01:30 - 37.210 COUNTY'S AS A PART YOU SAYING

01:30 - 38.220 THIS IS SUBSTANTIVE

01:30 - 40.770 YES, SO WHAT WOULD BE PROCEDURE

01:30 - 42.990 WILL KIND OF. SEAGER'S DO

01:30 - 44.290 YOU MEAN WHY

01:30 - 47.740 ISN'T REQUIRING. THE INSURER TO

01:30 - 51.340 POST. MONEY WHY WOULD NOT BE

01:30 - 52.720 CONSIDERED PROCEDURE TO.

01:30 - 56.360 WINDS ARE THE QUESTIONS IN IN

01:30 - 57.670 IN ORDER. AN

01:30 - 58.980 EXAMPLE OF A PROCEDURAL

01:30 - 00.110 REQUIREMENT WOULD BE.

01:31 - 02.600 A SURETY DOING BUSINESS AS

01:31 - 05.780 A A IN BAIL BONDS IN DELAWARE

01:31 - 07.260 COUNTY IS REQUIRED TO FILE WITH

01:31 - 08.410 THE PREDOMINANT AREA OR EXCUSE

01:31 - 09.260 ME THE OFFICE OF JUDICIAL

01:31 - 11.370 SUPPORT WATER BEFORE THE 15TH

01:31 - 13.480 OF APRIL IN EVERY YEAR THE

01:31 - 15.140 CALENDAR YEAR. IT'S A

01:31 - 16.220 CERTIFICATE OF AUTHORITY

01:31 - 17.140 INCLUDING ITS FINANCIAL

01:31 - 18.530 STATEMENT THAT IT POSTED WITH

01:31 - 19.640 THE INSURANCE COMMISSIONER

01:31 - 21.050 DEMONSTRATING ITS FINANCIAL

01:31 - 22.630 SECURITY IN THE COMMONWEALTH.

01:31 - 24.910 A SIMILAR EXAMPLE MIGHT BE

01:31 - 27.170 THAT IT HAS TO POST A SUMMARY

01:31 - 28.400 OF THE BONDS THAT IT IS ISSUED

01:31 - 30.140 IN DELAWARE COUNTY ON A

01:31 - 31.140 QUARTERLY BASIS.

01:31 - 33.070 >>WHAT CAN YOU SAY WHERE

01:31 - 35.820 VACCINE. HE PUTS

01:31 - 37.430 THE COUNTIES FROM

01:31 - 38.680 IMPOSING ADDITIONAL

01:31 - 40.180 REQUIREMENTS FOR YOUR FINDINGS

01:31 - 42.850 PROCEDURAL WIRDZEK 16. WE

01:31 - 43.470 SAY THAT.

01:31 - 45.120 >>AT 16 DOES NOT SPECIFICALLY

01:31 - 47.710 SAY THAT YOUR HONOR AT 16 SET

01:31 - 49.350 SETS FORTH SOME UNIFORM.

01:31 - 50.730 THE SYSTEM

01:31 - 52.220 OF REGULATION, THE BAIL BOND

01:31 - 53.690 INDUSTRY CAN YOU SPEAK INTO THE

01:31 - 55.430 MIC I'M SOURCES REALLY DROPPING

01:31 - 58.200 THINK YOU TURNING MY HEAD TO

01:31 - 59.000 CONTINUE ANYWAY FROM THE

01:31 - 00.250 MICROPHONE AT THE MOMENT THAT

01:32 - 02.400 IT HAPPENS ALMOST A KEY GOAL.

01:32 - 07.090 BACK 16 WAS TARGETED TO

01:32 - 08.900 BAIL BONDSMAN AND IT WAS TO

01:32 - 11.130 CREATE A REGULATED SYSTEM AND

01:32 - 13.200 UNIFORM SYSTEM BETWEEN ALL OF

01:32 - 14.710 THE COUNTIES FOR THE

01:32 - 17.300 BAIL BONDSMAN AND THE AND THOSE

01:32 - 18.810 INDIVIDUALS WHO ARE DOING

01:32 - 19.470 BUSINESS IN EACH OF

01:32 - 21.780 THE COUNTIES BUT BY REQUIRING

01:32 - 23.310 THOSE BAIL BONDSMAN EVERYONE

01:32 - 24.250 DOING BUSINESS IS A BAIL

01:32 - 26.060 BONDSMAN TO BE A LICENSED

01:32 - 28.150 PROPERTY CASUALTY INSURANCE

01:32 - 29.740 AGENT SAYS THAT A CEILING.

01:32 - 31.930 I'M SORRY IS THAT A CEILING.

01:32 - 35.690 WHATEVER ACTS 16 PUTS

01:32 - 37.360 IN THERE. THE COURTS CAN COME

01:32 - 38.360 AND SAY WELL THIS IS HOW WE

01:32 - 39.350 WANT TO RUN THE COURTS.

01:32 - 40.720 WELL YOUR HONOR I THINK WE'RE

01:32 - 43.110 FORBIDDEN BY STATUTE I THINK

01:32 - 45.290 THAT THE COMBINATION OF ACT, 16

01:32 - 46.660 WITH THE LAWS REGULATING

01:32 - 48.680 INSURANCE DO PROVIDE THAT

01:32 - 51.620 PREEMPTIVE. A REQUIREMENT ISN'T

01:32 - 53.090 SET TO THE LEGISLATURE TO MAKE

01:32 - 53.920 THIS MORE CLEAR.

01:32 - 57.110 WHAT EVERYTHING SAY THAT ABOUT

01:32 - 58.230 ANY NUMBER OF STATUTES YOUR

01:32 - 00.610 HONOR BUT THE BE BIG IN THIS

01:33 - 02.340 CASE. I DON'T THINK THERE'S ANY

01:33 - 04.240 AMBIGUITY AT ALL BECAUSE

01:33 - 05.980 WHEN YOU HAVE A BAIL BONDSMAN

01:33 - 07.160 WHO IS A LICENSED INSURANCE

01:33 - 08.420 AGENT THAT MEANS HE'S OPERATING

01:33 - 09.680 UNDER A POWER OF ATTORNEY FROM

01:33 - 11.380 A FROM A CERTIFICATED INSURANCE

01:33 - 13.130 COMPANY AND EVERY INSURANCE

01:33 - 14.710 COMPANY HAS BEEN VERY VERY

01:33 - 17.150 CALM. WE'RE RIGHTS UNDER THE

01:33 - 18.190 INSURANCE COMPANY ACT,

01:33 - 20.340 INCLUDING 108 31

01:33 - 23.090 AND A 34 TO BE ACCEPTED AS SOLE

01:33 - 24.530 SURETY ON ANY UNDERTAKING AND

01:33 - 25.950 FOR THE JUDGES OF THE SUPREME

01:33 - 27.110 COURT FOR THE COURTS OF COMMON

01:33 - 28.590 PLEAS AND FOR EVERY OTHER

01:33 - 31.040 PUBLIC OFFICIAL WHO IS REQUIRED

01:33 - 33.710 BY STATUTE. I TOO EXCEPT

01:33 - 36.010 THAT UNDERTAKING AND THAT BE

01:33 - 37.600 THE CERTIFICATE ISSUED BY THE

01:33 - 39.200 INSURANCE COMMISSIONER IS

01:33 - 40.660 CONCLUSIVE PROOF THAT THE

01:33 - 42.170 LEGISLATURE HAS ALREADY STATED

01:33 - 44.270 IN THE MOST UNAMBIGUOUS TERMS I

01:33 - 45.680 CAN THINK OF IN ANY STATUTE.

01:33 - 46.960 THE CERTIFICATE OF THE

01:33 - 47.960 INSURANCE COMMISSIONER

01:33 - 50.610 IS CONCLUSIVE PROVE WHAT'S

01:33 - 51.840 GOING IN AND SCORED IN THE TOP

01:33 - 53.880 AND SEE THE OF COURSE IF YOUR

01:33 - 55.430 CLIENT BUILDS TO PREPARE.

01:33 - 58.300 IT'S A THERE'S A

01:33 - 00.290 SURETY BOND BUT WHAT BUT WHAT

01:34 - 01.650 OR WHO IS COUNSEL WHETHER GOOD

01:34 - 02.750 MORNING JEN SORRY I COULDN'T

01:34 - 03.830 HEAR YOU COME TO THE FORE

01:34 - 05.780 PICTURE. AND THERE'S AN

01:34 - 07.090 OBLIGATION ON THE SURETY BOND.

01:34 - 09.990 JUST LIKE THERE'S AN OBLIGATION

01:34 - 12.230 AGAINST A BAIL BONDSMAN OF YOUR

01:34 - 14.000 THERE'S A FORFEITURE DECLARED

01:34 - 14.950 AND THERE'S AN OBLIGATION TO

01:34 - 16.910 PAY AND THERE'S BEEN THIS CASE

01:34 - 18.500 THERE IS A THE INSURANCE

01:34 - 19.130 COMPANY

01:34 - 21.360 CERTIFICATED AND THAT THERE ARE

01:34 - 23.170 SPECIFIC FORFEITURE PROCEDURES

01:34 - 26.110 DESCRIBED THE NEXT 1657 47.1.

01:34 - 28.070 >>I HAVE THE COUNTY IS DOING

01:34 - 29.340 THIS ARE THERE ANY OTHER

01:34 - 31.270 COUNTIES THAT IMPOSING THESE

01:34 - 32.870 ADDITIONAL COSTS ON THE OTHER

01:34 - 34.130 THERE ARE HOW MANY.

01:34 - 36.930 >>I DON'T HAVE A COMPREHENSIVE

01:34 - 38.900 SURVEY OF ALL 67 COUNTIES BUT I

01:34 - 40.290 KNOW FOR EXAMPLE THAT OTHER

01:34 - 41.390 THAN DELAWARE PHILADELPHIA

01:34 - 42.920 COUNTY ALLEGHENY COUNTY.

01:34 - 44.970 NORTHAMPTON COUNTY. MONTGOMERY

01:34 - 46.090 COUNTY WAS DOING IT UNTIL

01:34 - 47.410 RECENTLY HAS IT EVER BEEN

01:34 - 49.580 CHALLENGE THEM. IT HAS NEVER

01:34 - 50.610 RISEN TO

01:34 - 53.970 THIS COURT. WE HAVE ON BEHALF

01:34 - 57.580 OF OUR CLIENTS PURSUED. RELIEF

01:34 - 59.990 IN VARIOUS COUNTIES. AND.

01:35 - 02.060 NORTH THE EXCUSE ME DELAWARE

01:35 - 03.240 COUNTY IS THE FIRST ONE THAT

01:35 - 04.970 THAT WE'VE GOT TO THIS LEVEL IN

01:35 - 05.890 THE OTHER COUNTIES WHERE WE'VE

01:35 - 07.870 BEEN WHERE WE'VE BEEN BEFORE

01:35 - 10.260 THE COURTS OR OR THE THE

01:35 - 12.450 LOCAL AGENCIES WE HAVE BEEN

01:35 - 14.760 ABLE TO GET THINGS RESOLVED.

01:35 - 16.010 SO FOR EXAMPLE LEHIGH COUNTY

01:35 - 16.320 CHANGED

01:35 - 18.780 ITS RULES. YOUR COUNTY CHANGED

01:35 - 19.750 ITS RULES LUZERNE COUNTY

01:35 - 20.910 CHANGED ITS RULES. MONTGOMERY

01:35 - 21.950 COUNTY CHANGED ITS RULES.

01:35 - 23.390 SO YOU DON'T HAVE TO GIVE

01:35 - 24.690 ADDITIONAL MONEY TO THE COUNTY.

01:35 - 25.700 THAT'S CORRECT.

01:35 - 28.470 >>IT SEEMS UNFAIR BUT I THINK

01:35 - 30.220 THAT WE MIGHT BE STRUGGLING

01:35 - 31.820 WITH THE LANGUAGE WHICH DOESN'T

01:35 - 33.480 PROHIBIT IT. THE LANGUAGE OF

01:35 - 34.170 THE STATUTE.

01:35 - 36.410 >>YOUR HONOR THAT'S LOOKING AT

01:35 - 38.030 AT 16 AND ISOLATION AND IT'S

01:35 - 39.510 IMPOSSIBLE TO DO THAT BECAUSE

01:35 - 40.810 ACT BECAUSE THE INSURANCE

01:35 - 42.690 COMPANY TURNS DEPARTMENT ACT

01:35 - 45.280 WAS UNAMBIGUOUS THAT IT CAN

01:35 - 47.230 THAT NO THE COURT CAN IMPOSE AN

01:35 - 48.700 ADDITIONAL QUALIFICATIONS ON A

01:35 - 50.260 SURETY AS A CONDITION OF

01:35 - 51.700 POSTING THE BOND THERE. THE

01:35 - 52.920 SUPREME COURT HAS EVEN SAID

01:35 - 56.560 THAT. THAT THAT'S YORK.

01:35 - 01.380 YOUR GUYS MACHINERY CORPORATION

01:36 - 02.330 VERSUS PROBLEMS.

01:36 - 07.340 3.23 PA 3.69.

01:36 - 14.370 THAT BOND OF A SURETY COMPANY

01:36 - 15.770 THAT A CERTIFICATED BY THE

01:36 - 17.830 INSURANCE DEPARTMENT MUST BE

01:36 - 18.400 ACCEPTED.

01:36 - 21.680 THE CERTIFICATE HAS BEEN FILED

01:36 - 24.200 WITH THE VOLUNTARY. THAT'S THE

01:36 - 26.300 ONLY QUALIFICATION SO IF THEY

01:36 - 27.560 GET THERE WAS NO CERTIFICATE

01:36 - 28.490 FROM THE INSURANCE DEPARTMENT

01:36 - 30.130 BY WITH THE PLANETARY THE COURT

01:36 - 32.790 CAN STILL CHOOSE TO ACCEPT

01:36 - 34.130 THE BOND. BUT IF THE

01:36 - 35.140 CERTIFICATES FOR 5 WITH A

01:36 - 36.370 PROPRIETARY OR IN THIS CASE THE

01:36 - 37.730 AUSTIN JUST WILL SUPPORT

01:36 - 40.670 THE COURT MUST HE DOES A SHOUT

01:36 - 42.810 IT IS WE'RE IN ON IN BIG US

01:36 - 44.370 FROM THE LEGISLATURE. THERE'S

01:36 - 45.530 NO DISCRETION.

01:36 - 53.990 WERE YOU ARE YOU REQUIRED TO

01:36 - 55.510 POST MORE LIKE WHAT THEY CALL A

01:36 - 56.610 BLANKET BOND.

01:36 - 00.120 >>I DON'T I DON'T WANT TO JUST

01:37 - 00.400 ONE

01:37 - 02.400 COVERING EVERYTHING WARS

01:37 - 03.830 THERE'S PRETTY REQUIRED TO DO

01:37 - 04.610 IT FOR EACH.

01:37 - 07.730 IN CASE HOUSE RACE EACH CASE IN

01:37 - 09.470 EACH COUNTY IN DELAWARE COUNTY

01:37 - 12.150 THE LOCAL RULE REQUIRES A CASH.

01:37 - 14.400 SECURITY DEPOSIT

01:37 - 15.630 FOR THE AUTHORITY UP TO A

01:37 - 16.850 PARTICULAR LIMIT AND THEN

01:37 - 17.980 ADDITIONAL CASH SECURITY

01:37 - 20.140 DEPOSIT AS YOU INCREASE THE

01:37 - 21.290 AGGREGATE AMOUNT OF THE BONDS

01:37 - 22.240 THAT THE CARRIERS ARE

01:37 - 24.270 UNDERWRITING. SO FOR EXAMPLE

01:37 - 26.580 FOR THE FIRST $500,000 A BAG OR

01:37 - 28.350 GET BOND CAPACITY

01:37 - 29.520 AND INSURERS ARE REQUIRED TO

01:37 - 32.180 POST $50,000 IN CASH OR CASH

01:37 - 33.040 EQUIVALENTS SECURITY.

01:37 - 36.230 SO IN THE CASE

01:37 - 37.520 OF LEXINGTON NATIONAL THERE'S

01:37 - 39.710 $325,000 ON DEPOSIT WITH THE

01:37 - 40.670 COUNTY IN THE CASE OF

01:37 - 41.730 INTERNATIONAL FIDELITY. THERE'S

01:37 - 43.710 $100,000 ON DEPOSIT THE COUNTY

01:37 - 45.200 IN OTHER COUNTIES. THERE'S

01:37 - 46.200 THERE'S DIFFERENT AMOUNTS THESE

01:37 - 47.400 AMOUNTS ARE NOT CONSISTENT FROM

01:37 - 48.450 ONE COUNTY TO THE NEXT

01:37 - 51.360 WHICH AGAIN. THE SIZE IS

01:37 - 53.310 THE INCONSISTENCY STATEWIDE

01:37 - 55.120 REGULATION OF INSURERS. THE

01:37 - 57.900 STATE INSURANCE DEPARTMENT AND

01:37 - 58.990 THE LEGISLATURE HAVE ALREADY

01:37 - 00.870 ESTABLISHED. HERE'S THE RATIO

01:38 - 02.010 THAT EVERY INSURANCE COMPANY

01:38 - 03.410 MUST MEET TO PROVE IT'S OFTEN

01:38 - 04.710 SEEING HERE IS THE LIST RISK

01:38 - 07.450 LIMITATION. NO MORE THAN 10% OF

01:38 - 09.920 THE BONDS AND CAPITAL EXCUSE ME

01:38 - 11.910 OF THE CAPITOL AND AND ASSETS.

01:38 - 15.280 WHEN ANY SINGLE RISK AND

01:38 - 17.020 THERE'S JUST STATUTORY FORMULA

01:38 - 18.130 FOR CALCULATING THIS.

01:38 - 20.340 WHAT THIS DOES IS YOU NOW HAVE

01:38 - 21.780 EVERY COUNTY DECIDING ON THEIR

01:38 - 22.920 OWN INDEPENDENT OF THE

01:38 - 24.380 INSURANCE DEPARTMENT WHAT A

01:38 - 25.720 CERTIFICATE INSURANCE. THE

01:38 - 27.050 COMPANY IS AUTHORIZED TO

01:38 - 28.010 UNDERWRITE AND IN WHAT

01:38 - 29.750 CIRCUMSTANCES AND

01:38 - 31.520 REQUIRING THAT THIS CASH

01:38 - 32.530 SECURITY BE AVAILABLE

01:38 - 33.650 EXCLUSIVELY WITH

01:38 - 36.630 THE OTHER AND COME BACK

01:38 - 37.870 SECURITIES YOU COULD PROVIDE

01:38 - 40.100 INSTEAD OF CASH. IT'S A

01:38 - 41.180 MATERIAL, YOUR HONOR THERE THE

01:38 - 42.990 EXACT LINES. IT'S EXACTLY THE

01:38 - 44.730 SAME FOR PURPOSES OF ABOUT YOU.

01:38 - 46.770 IT'S A CASH OR CASH

01:38 - 47.340 EQUIVALENTS.

01:38 - 49.210 YEAH, BUT WHEN THEY NEED TO

01:38 - 51.430 COLLECT CASH SCHEME. ALL RIGHT

01:38 - 54.140 WHAT IN IN MOST CASES, YES,

01:38 - 56.550 YOUR HONOR AND CANDIDLY NEED TO

01:38 - 59.270 GET TO IT'S A IT'S IN THERE.

01:39 - 02.660 2 RED HAIR AND REALLY BECAUSE.

01:39 - 05.880 THAT'S THE WHOLE PURPOSE OF AN

01:39 - 06.590 INSURANCE BUT

01:39 - 08.570 SURETY BOND WE'RE WORKING TO

01:39 - 09.930 FIND IF YOU DON'T HAVE TO PUT

01:39 - 11.150 CASH ON THE TABLE YOU HAVE A

01:39 - 12.610 LOT ON THE OBLIGATION I

01:39 - 14.130 UNDERSTAND I UNDERSTAND THAT

01:39 - 16.530 BUT MY MY QUESTION HAS BEEN AND

01:39 - 18.190 I'M THINKING WHY IS IT THAT

01:39 - 20.550 MUNICIPALITIES FEEL THAT THERE

01:39 - 21.930 NEEDS TO BE MORE PROTECTION.

01:39 - 23.820 >>THEY NEED TO PROTECT.

01:39 - 26.980 YOU KNOW THEIR THEIR CITIZENS,

01:39 - 27.300 YOU KNOW

01:39 - 30.960 MORE SO THAN IS BEING ALLOWED

01:39 - 32.190 THROUGH YOU KNOW ANOTHER

01:39 - 34.820 STATUE. WHY WHY CAN'T THEY DO

01:39 - 35.310 THAT.

01:39 - 37.750 THAT IT BECAUSE IT WOULD RENDER

01:39 - 39.010 THE MEANING OF THE INSURANCE

01:39 - 40.930 COMPANY ACT MEANINGLESS.

01:39 - 43.170 IT WOULD SET THE WHOLE POINT OF

01:39 - 44.590 IT OF THE LEGISLATURE SAYING

01:39 - 45.600 THAT THE BOND.

01:39 - 47.900 >>OF A CERTIFICATE OF INSURANCE

01:39 - 48.450 COMPANY.

01:39 - 52.070 SHALL BE ACCEPTED BY THE JUDGES

01:39 - 53.290 OF THE COURT OF COMMON PLEAS,

01:39 - 54.580 SOMETHING THAT YOU HAVEN'T

01:39 - 56.650 REALLY POINT ANYTHING ACTS, 16

01:39 - 58.260 WHICH PRECLUDES THEM WHICH

01:39 - 59.230 MURRAY SAYS WITH THESE

01:39 - 01.010 ADDITIONAL REQUIREMENTS ARE.

01:40 - 02.870 >>WHERE ARE NOT IT HIT

01:40 - 05.000 YOUR ARGUMENT. AND LET ME ASK

01:40 - 06.720 YOU THERE'S NOTHING IN THERE

01:40 - 08.190 YOU SAID THAT SAYS WHAT

01:40 - 09.610 ADDITIONAL REQUIREMENTS ARE YOU

01:40 - 10.960 ARGUING A PROCEDURAL.

01:40 - 14.840 LONG DOES IT TAKE

01:40 - 16.710 FOR THIS 4 FOOT YOUR PROCESS TO

01:40 - 19.530 PROCEED. YOU SAID IF THERE'S A

01:40 - 21.150 YOU NEED TO TO THAT THAT WOULD

01:40 - 23.810 BE THE REMEDY. IN A MOVE

01:40 - 24.380 TO STING.

01:40 - 28.150 CAN 100 SECURITIES.

01:40 - 31.490 >>YOUR YOUR YOUR QUESTION

01:40 - 32.460 ACTUALLY EXPRESSES A

01:40 - 33.360 MISUNDERSTANDING OF THE

01:40 - 34.030 PROCESS.

01:40 - 37.660 >>MEMO MY GOD I FEEL VERY CLOSE

01:40 - 38.700 TO BOND YOU'RE ACTUALLY

01:40 - 39.970 CONFUSING 2 DIFFERENT THINGS

01:40 - 41.550 THAT ARE COMPLETELY UNRELATED.

01:40 - 43.310 THE PROCEDURAL ARGUMENT IS A

01:40 - 45.860 BIZ UNDER RULE, OKAY BY

01:40 - 47.530 AS A STATE RULE OF CRIMINAL

01:40 - 49.290 PROCEDURE. IT IS AUTHORIZED

01:40 - 51.060 UNDER SECTION TO THE OFFICIAL

01:40 - 52.020 CODE WHICH IN TURN IS

01:40 - 53.060 AUTHORIZED UNDER ARTICLE 5

01:40 - 53.900 SECTION 10 C OF THE

01:40 - 56.040 CONSTITUTION THAT PROVIDES THAT

01:40 - 57.110 THE RULEMAKING AUTHORITY IS

01:40 - 59.430 PROCEDURAL QUESTION WAS ASKED

01:40 - 00.880 TO AND KIND OF TOOK SKIN

01:41 - 03.210 WAS ME WAS WHAT DOES THE TERM

01:41 - 05.050 ADDITIONAL REQUIREMENTS MEAN

01:41 - 06.980 UNDER ACTS 16 NEW SO THAT'S

01:41 - 08.600 PROCEDURALLY I ASKED YOU THE

01:41 - 09.720 QUESTION AND THAT WAS YOUR

01:41 - 10.180 ANSWER.

01:41 - 11.550 >>THAT'S WHAT I'M TALKING

01:41 - 13.740 ABOUT. THAT'S SO

01:41 - 16.140 I'M SAYING SO FAR I HAVEN'T

01:41 - 18.680 HEARD YOU DO TO ANYTHING IN THE

01:41 - 20.810 NEXT 16 WHICH DEFINES

01:41 - 22.090 ADDITIONAL REQUIREMENT

01:41 - 25.070 WHERE SUPPLEMENTS YOUR ARGUMENT

01:41 - 26.590 THAT IT'S ONLY PROCEDURAL

01:41 - 27.650 ACCEPT THAT YOU'RE SAYING IT'S

01:41 - 28.670 PLANNED IT AND I

01:41 - 30.560 UNDERSTAND THAT BUT MY QUESTION

01:41 - 31.940 NOW IS WHAT IS.

01:41 - 36.400 THE GROUP WHICH ARE PROCESS I

01:41 - 37.800 ASK YOU AGAIN WHAT WOULD HAPPEN

01:41 - 39.850 IF YOU DON'T POST BOND WITH THE

01:41 - 41.790 COURT TOO. AND YOU SAID THERE'S

01:41 - 43.090 NO PROOF THAT YOUR PROCESS AND

01:41 - 44.470 I SAID HOW LONG DOES THAT TAKE

01:41 - 46.600 ONE OF THE FORFEITURE PROCESS

01:41 - 48.340 RELATES TO A DEFENDANT WHO HAS

01:41 - 49.390 VIOLATED THE BOND.

01:41 - 51.520 >>FOR THE PROCESS ONLY COMES

01:41 - 52.750 INTO PLAY IF A DEFENDANT

01:41 - 53.490 DOESN'T APPEAR FOR

01:41 - 55.090 A HEARING. WHY SOME IN SOME

01:41 - 57.220 OTHER WAYS, IT WAS A QUESTION I

01:41 - 58.550 ASKED YOU WORK FOR THE ALLIANCE

01:41 - 00.220 DOESN'T APPEAR IN THAT CASE A

01:42 - 01.720 WARRANT IS ISSUED A NOTICE

01:42 - 03.610 GIVEN TO THE TO THE SURETY AND

01:42 - 03.830 TO

01:42 - 07.400 THE INSURER. PROCESS THAT

01:42 - 08.790 FOLLOWED THERE ISN'T THERE.

01:42 - 09.960 IF THERE'S A JUDGMENT OF

01:42 - 11.090 FORFEITURE ENTERED AND THERE'S

01:42 - 12.750 91 DAYS FOR PAYMENT TO BE MADE

01:42 - 14.240 TO PAYMENTS NOT MADE WITH A 91

01:42 - 15.720 DAYS. THERE ARE SANCTIONS THAT

01:42 - 16.620 ARE IMPOSED UPON THE BAIL

01:42 - 18.390 BONDSMAN AND UPON THE INSURER

01:42 - 20.940 AND ULTIMATELY CAN LEAD TO A

01:42 - 22.060 LOSS OF THE RIGHT TO DO

01:42 - 23.240 BUSINESS UNDER THE TERMS OF THE

01:42 - 25.350 STATUTE THAT PROCESS CAN TAKE

01:42 - 26.570 ANYWHERE FROM A FEW DAYS TO A

01:42 - 28.060 FEW MONTHS DEPENDING ON THE

01:42 - 29.380 CIRCUMSTANCES OF THE PARTICULAR

01:42 - 30.950 CASE, BUT THERE IS A TIMELINE

01:42 - 34.350 IN THE IN THE STATUTE 157 47.1

01:42 - 37.160 AND I HAVE A QUESTION YOU CAN

01:42 - 38.750 FINISH. THEY BEAT ME.

01:42 - 41.570 AND SO THAT SO THANK YOU FOR

01:42 - 43.500 PRINTING THAT SO THE DANCERS

01:42 - 46.550 >>IF THERE'S A CASH AND IT

01:42 - 48.560 FAILS TO PREPARE. YOU CAN TAKE

01:42 - 49.240 THE CASH.

01:42 - 51.180 NOW IT I CAN'T HAVE TO GO

01:42 - 52.120 THROUGH THE SAME PROCESS.

01:42 - 54.540 YES, OKAY, STILL 91 DAYS AND

01:42 - 56.490 YES, OKAY, THAT'S ALRIGHT.

01:42 - 58.320 THANK YOU AND IT BECOMES A

01:42 - 59.940 JUDGMENT WHICH IS EXPECTED TO

01:42 - 01.280 DOUBLE AGAINST THE INSURER

01:43 - 02.470 WHICH MEANS THAT THE INSURER

01:43 - 03.830 HAS THE OBLIGATION IN THE FIRST

01:43 - 05.580 INSTANCE TO PAID ONLY IF

01:43 - 06.710 THERE'S A DEFAULT ON THE

01:43 - 07.750 INTEREST ON THE ON THE

01:43 - 08.870 OBLIGATION TO PAY THE

01:43 - 09.470 FORFEITURE.

01:43 - 10.960 >>IF THAT THAT THERE THERE

01:43 - 12.030 WOULD BE ANY RECOURSE BY THE

01:43 - 14.010 COUNTY. AND THE CASH

01:43 - 15.230 SECURITY AGAIN

01:43 - 18.090 BECOMES UNNECESSARY BECAUSE OF

01:43 - 19.440 THE VERY FACT THAT WE HAVE A

01:43 - 21.690 BOND ISSUED BY STUPID INSURANCE

01:43 - 22.550 COMPANY THAT

01:43 - 24.530 IS POSTED, BUT IT THERE AND

01:43 - 25.540 THERE'S THE SIMILAR RECOURSE

01:43 - 26.580 WITH THE INSURANCE DEPARTMENT

01:43 - 27.500 AND AGAINST THE SURETY

01:43 - 30.320 DIRECTLY. SO FROM FROM THAT

01:43 - 31.000 PERSPECTIVE AND

01:43 - 33.390 YOUR HONOR. IT STILL DOESN'T

01:43 - 34.930 REACH THE ISSUE OF WHAT IS THE

01:43 - 36.150 NEED FOR THE CASH BECAUSE

01:43 - 37.200 FRANKLY THERE IS NOT.

01:43 - 40.520 OKAY YOU'RE DOING WELL WE'RE

01:43 - 42.230 WE'RE THROWING A LOT AT YOU.

01:43 - 44.240 I HAD A TIME JUMP IN THERE SO I

01:43 - 45.270 GOT A CHANCE TO.

01:43 - 48.020 >>SO I JUST WANTED TO ASK

01:43 - 49.870 CLARIFICATION DOESN'T THE ACT

01:43 - 52.100 SPECIFICALLY DOT DEFINED BILLS.

01:43 - 53.790 BAIL BONDSMAN ENSURE T

01:43 - 54.430 DIFFERENTLY.

01:43 - 57.860 >>IT DOES THEIR SEPARATE

01:43 - 59.370 DEFINITIONS FOR BAIL BONDSMAN

01:43 - 01.480 AND SURETY RIGHT IDENTITY IS IT

01:44 - 03.010 IS A GENERAL TERM

01:44 - 06.160 WERE ANY PERSON WHO POSTS A CAN

01:44 - 07.830 BE A A FOR PROFIT OR NOT FOR

01:44 - 08.960 PROFIT THEY CAN BE

01:44 - 11.260 A PERSON WERE COMPANY AND IT'S

01:44 - 13.090 IT'S LITERALLY ANYONE WHO ACT

01:44 - 15.620 AS SURETY FOR THE DEFENDANT

01:44 - 16.250 OKAY

01:44 - 20.720 REQUIREMENTS OF 7, 5, 7, 4, 3,

01:44 - 22.000 >>DOES THAT.

01:44 - 24.360 AND THAT SECTION DOESN'T

01:44 - 25.400 ADDRESS SHORTY'S.

01:44 - 29.270 57 43.1.

01:44 - 34.700 5743

01:44 - 36.320 IS THE AUTHORIZATION TO CONDUCT

01:44 - 37.440 BUSINESS WHEN THE COUNTY OF A

01:44 - 39.820 BAIL BONDSMAN OKAY THE BAIL

01:44 - 42.310 BONDSMAN IS REQUIRED IN ORDER

01:44 - 43.590 TO BECOME ELIGIBLE TO PRACTICE

01:44 - 45.190 IN THE COUNTY AND THIS IS THE

01:44 - 46.900 THE OTHER ANGLE OF OUR

01:44 - 49.030 A PETITION IS THAT THE ONLY

01:44 - 50.640 RESTRICTION ON ON BECOMING

01:44 - 51.730 AUTHORIZING THE COUNTIES TO

01:44 - 53.620 MEET 3 REQUIREMENTS OF 57.

01:44 - 56.920 43.1 BECAUSE

01:44 - 58.890 UPON PRESENTATION AND FILING

01:44 - 00.330 WITH THE DAUGHTER OF THE OFFICE

01:45 - 02.660 OF JUDICIAL SUPPORT. THE

01:45 - 04.140 LICENSE FROM THE DEPARTMENT.

01:45 - 05.460 THE STATEMENT IDENTIFIED THE

01:45 - 08.170 OFFICER WE HAVE A FOR SERVICE

01:45 - 09.710 OF PROCESS OF LEAVING IT WITH

01:45 - 11.310 IN PENNSYLVANIA. AND A

01:45 - 12.540 QUALIFYING POWER OF ATTORNEY

01:45 - 13.720 FROM THE INSURER

01:45 - 15.100 STATING THE LIMITS OF THE

01:45 - 16.380 AUTHORITY TO ISSUE THE BONDS

01:45 - 17.480 THAT'S ALL THAT'S REQUIRED FOR

01:45 - 18.670 AUTHORIZATION TO DO BUSINESS IN

01:45 - 20.310 THE COUNTY. YET THE FOCUS

01:45 - 22.360 THAT I'M TRYING TO BRING ABOUT

01:45 - 24.450 IS NOT WHAT'S REQUIRED. BUT WHO

01:45 - 26.540 WITHDREW REQUIRED UPON

01:45 - 29.300 OR MAYBE WHAT ENTITIES IT'S NOT

01:45 - 30.510 REQUIRED APART.

01:45 - 33.800 57 43.1 IS DIRECTLY.

01:45 - 36.590 DIRECTLY APPLICABLE TO A BAIL

01:45 - 39.690 BONDSMAN. OR INSURERS.

01:45 - 41.940 WELL IT DOESN'T SAY THAT IN

01:45 - 44.090 THIS IN THE STATUTE THAT 43.1

01:45 - 45.550 DOES NOT SAY ANY

01:45 - 46.800 SURETY IT SAYS SPECIFICALLY

01:45 - 48.620 BAIL OKAY.

01:45 - 52.170 I THINK THAT SURE IT IS.

01:45 - 54.050 SEPARATE AND APART AND

01:45 - 55.820 I WAS TRYING TO GLEAN FOR YOU

01:45 - 57.470 AND POINT OUT THAT THAT'S AND

01:45 - 59.850 5, 7, 5, O IT WASN'T INCLUDED

01:45 - 01.050 WHERE WE TALK ABOUT THAT THE

01:46 - 02.380 LEGISLATURE TALKED ABOUT BILLS

01:46 - 04.670 BONDSMAN AND INSURERS. OKAY.

01:46 - 07.090 SO IN EACH COUNT.

01:46 - 10.280 AND IT SURE IS CERTAIN IT

01:46 - 11.410 IS GIVEN A CERTIFICATE THAT

01:46 - 12.710 GIVES AUTHORIZATION TO DO

01:46 - 14.010 BUSINESS IN THE COMMONWEALTH OF

01:46 - 15.310 PENNSYLVANIA, THERE'S NO COUNTY

01:46 - 17.010 BY COUNTY LIMITATION PERIOD.

01:46 - 18.970 THAT THAT'S THE END OF THE

01:46 - 20.440 DISCUSSION THAT WAS DECIDED

01:46 - 22.630 IT'S BY STATUTE. IT WAS DECIDED

01:46 - 24.030 IN AND COMMONWEALTH VERSUS

01:46 - 25.240 LIBERTY BAIL BONDS BY THIS

01:46 - 25.710 COURT.

01:46 - 29.990 SO DISH THERE IS NO. THE ISSUE

01:46 - 31.870 ONE THAT QUESTION AS THE BAIL

01:46 - 35.190 BONDSMAN INDIVIDUALLY. 57 TO

01:46 - 36.410 43.1

01:46 - 39.950 AFFECTIVE LEE. FOLLOWS THE

01:46 - 40.690 RATIONALE OF

01:46 - 43.500 THIS COURT AND LIVED IN KAMALA

01:46 - 44.770 PERSON'S LIBERTY BAIL BONDS

01:46 - 46.370 BECAUSE IN IN LIBERTY BAIL

01:46 - 47.410 BONDS, THE COURT SAID

01:46 - 49.370 THAT BECAUSE THAT PARTICULAR

01:46 - 51.220 AGENT WAS AN INSURANCE

01:46 - 53.930 LICENSEE. HE WAS NOT

01:46 - 54.870 BOUND BY.

01:46 - 58.910 MONTGOMERY COUNTY'S LOCAL WHICH

01:46 - 00.420 IMPOSED ADDITIONAL OFFICE

01:47 - 02.110 RESIDENCY REQUIREMENTS ON THAT

01:47 - 03.620 AGENT TO PRACTICE IN

01:47 - 06.110 THAT COUNTY. EFFECTIVE WE HAVE

01:47 - 06.640 THIS

01:47 - 09.150 THIS CONVOCATION. WELL A LINES

01:47 - 11.280 WITH THIS COURT'S HOLDING IN IN

01:47 - 14.040 LIBERTY BAIL BONDS AND

01:47 - 16.400 THE CORRESPONDING DESIRE BY THE

01:47 - 18.550 LEGISLATURE PERCENT TO ACT 16

01:47 - 20.920 TO TO CREATE THIS UNIFORM

01:47 - 23.770 SYSTEM WE CAN'T LET THEM PUSH

01:47 - 26.390 THOSE ARE I THINK WHEN JUST ON

01:47 - 27.550 YOUR PENSION ISSUE.

01:47 - 29.360 UNDER THE HOFFMAN CASE THE

01:47 - 31.130 COURT CLEARLY SAID THAT IF THAT

01:47 - 32.560 THAT YOU DON'T PRESUME THAT THE

01:47 - 33.930 FACT THAT THE GENERAL ASSEMBLY

01:47 - 35.470 IS AN ACT OF LEGISLATION IN THE

01:47 - 36.530 FIELD DOESN'T MEAN THERE'S

01:47 - 37.220 PREEMPTION.

01:47 - 38.570 >>THEY HAVE THE MANIFEST A

01:47 - 40.530 CLEAR CONTENDER EVANS TO

01:47 - 42.990 DO SO AND BY PUTTING LANGUAGE

01:47 - 44.430 IN THEIR SUBJECT TO ADDITIONAL

01:47 - 45.350 REQUIREMENTS.

01:47 - 47.760 HOW HAVE THEY MANIFESTED IN

01:47 - 50.290 CLEAR INTENT TO TO PREEMPT IN

01:47 - 50.750 THE FIELD.

01:47 - 52.280 >>YOUR HONOR THINK THE LANGUAGE

01:47 - 53.730 SUBJECT TO SUCH OTHER

01:47 - 55.290 REQUIREMENT IS NOT

01:47 - 58.130 FOUND IN ACTS, 16 AND IT IS NOT

01:47 - 59.080 FOUND IN THE INSURANCE

01:47 - 01.670 DEPARTMENT ACT WHEN I COULD

01:48 - 04.260 EARLIER TRIED QUESTION THIS IS

01:48 - 05.150 THE POINT I WAS TRYING TO GET

01:48 - 07.490 TO THAT LANGUAGE IS FOUND

01:48 - 10.020 EXPIRED 31 IS EXCLUSIVELY IN

01:48 - 11.180 THE RULE OF CRIMINAL PROCEDURE

01:48 - 11.410 BY

01:48 - 16.260 IS NOT ISSUED PURSUANT TO ACT

01:48 - 19.030 16 BY 31 HAS NOT ISSUED PERCENT

01:48 - 19.410 INSURANCE

01:48 - 22.330 COMPANY ACT IN FACT IS ISSUED

01:48 - 24.000 PERSON IS ISSUED PURSUANT TO

01:48 - 25.210 THE STATUTORY AUTHORITY IN

01:48 - 27.690 SECTION 57 OF 2 OF THE JUDICIAL

01:48 - 29.410 CODE AND 57 OR 2 OF THE

01:48 - 31.430 JUDICIAL CODE SPECIFICALLY SAYS

01:48 - 33.380 THAT SUBJECT

01:48 - 36.060 2 THE LAWS GOVERNING SURE TO

01:48 - 40.170 WE ALL SHALL BE GOVERNED BY THE

01:48 - 41.330 GENERAL RULES, THE GENERAL

01:48 - 42.650 RULES AS DEFINED IN SECTION ONE

01:48 - 43.840 O TO OF COURSE OF THE RULES OF

01:48 - 46.050 CRIMINAL PROCEDURE. AND AS

01:48 - 47.410 REFERENCED AN ARTICLE 5 SECTION

01:48 - 49.160 10 C OF THE PENNSYLVANIA

01:48 - 50.500 CONSTITUTION OF THE GENERAL

01:48 - 51.890 RULES ARE THOSE PROCEDURAL

01:48 - 52.820 RULES THAT ARE ISSUED BY THE

01:48 - 55.010 SUPREME COURT. SO THAT

01:48 - 57.640 RESERVATION IS NOT IN THE

01:48 - 59.130 STATUTES OF THE STATUTE DOES

01:48 - 01.490 NOT OPEN THE DOOR TO SUCH

01:49 - 03.620 LOCAL REGULATION. THE ONLY

01:49 - 05.320 PLACE THAT THE ONLY DOOR THAT

01:49 - 07.990 OPENED THIS AT TO AND THERE ARE

01:49 - 09.030 WITH JIM IT

01:49 - 10.600 PROCEDURAL REQUIREMENTS THAT

01:49 - 11.810 COULD BE IMPLEMENTED AND THAT

01:49 - 13.920 ARE IMPLEMENTED. WE'RE JUST

01:49 - 14.480 RATION

01:49 - 17.050 NOTICE, ETCETERA. BUT THEY'RE

01:49 - 18.890 LOOKING AT US IS OFTEN TO QUOTE

01:49 - 20.780 FOR YOU KNOW WHERE YOUR TIME I

01:49 - 22.240 REALLY WANT TO THANK YOU VERY

01:49 - 24.310 MUCH AND AND YOU'RE WELL OVER A

01:49 - 27.050 GOOD AND ANSWERED THE QUESTIONS

01:49 - 27.310 WELL.

01:49 - 28.680 >>THANK YOU VERY MUCH. THANK

01:49 - 28.950 YOU.

01:49 - 33.850 GOOD MORNING, MELISSA LEVIN ON

01:49 - 34.640 BEHALF OF THE COUNTY OF

01:49 - 35.230 DELAWARE.

01:49 - 37.380 SO JUST BEGIN UNLESS THERE ARE

01:49 - 38.780 SPECIFIC QUESTIONS.

01:49 - 41.350 >>SO IN A PROVINCE BREVE HE

01:49 - 43.970 CITES DIFFERENT TYPES OF

01:49 - 45.120 PREEMPTION THERE'S EXPRESS

01:49 - 47.090 PREEMPTION CONFLICT PREEMPTION

01:49 - 48.180 AND TO FEEL

01:49 - 50.220 PREEMPTION SO IMMEDATELY

01:49 - 51.870 INDEPENDENCE BRIEF THERE IS NO

01:49 - 53.180 FIELD PREEMPTION THERE IS NO

01:49 - 53.630 CASE LAW

01:49 - 55.590 THAT SAYS THAT THE INSURANCE

01:49 - 56.680 COMPANY OR THE INSURANCE

01:49 - 58.290 INTERESTING INDUSTRY EXCUSE ME

01:49 - 59.620 OCCUPIES THE FIELD.

01:50 - 02.440 >>BASICALLY AS I CAN CAUSE

01:50 - 04.780 THE FIELD AND LIMITS ANY COURT

01:50 - 05.980 OR LOCAL RULES FOR PEOPLE

01:50 - 07.280 PLANNING ANY ADDITIONAL

01:50 - 09.460 REQUIREMENTS WITH REGARD TO

01:50 - 10.960 EXPRESS PREEMPTION AGAIN

01:50 - 12.320 THERE'S NO EXPRESS LANGUAGE

01:50 - 14.490 WITH AN ACCIDENT SCENE OR

01:50 - 15.240 ANY OTHER.

01:50 - 18.440 STATE LAW CITED BY A PELLET

01:50 - 20.300 THAT LIMITS THE PORTABILITY

01:50 - 23.260 OR ANY SO IT DOESN'T LIMIT THE

01:50 - 24.850 PENNSYLVANIA SUPREME COURT OR

01:50 - 27.140 ANY LOCAL REPORTS FROM

01:50 - 27.900 IMPLEMENTING ANY

01:50 - 29.240 ADDITIONAL REQUIREMENTS.

01:50 - 31.040 HOWEVER, WITH CONFLICT

01:50 - 33.410 PREEMPTION VEHICLE INSIGHTS, 2

01:50 - 35.040 DIFFERENT CASES, ONE IS THE GAS

01:50 - 36.200 CASE, SOMEONE IS THE LIBERTY

01:50 - 37.140 BELL BONDS CASE

01:50 - 39.720 WITHIN THE GAS CASE, THERE WAS

01:50 - 41.870 SPECIFIC PROVISIONS WITHIN THE

01:50 - 43.240 ACT WITHIN THE GAS CASE

01:50 - 44.760 THAT ACTUALLY PROTECTED

01:50 - 45.800 PATIENTS FROM GOVERNMENT

01:50 - 47.700 SANCTIONS REGARDING THEIR USE

01:50 - 49.860 OF MARIJUANA AGAIN IN THIS CASE

01:50 - 51.660 WE HAVE NO COMPARABLE LANGUAGE

01:50 - 53.140 WITH AN ACCIDENT SCENE OR ANY

01:50 - 54.970 OTHER ACT. THE OTHER COUNTY

01:50 - 57.030 PROTECTED THOUGH BY ACTS 6 TEEN

01:50 - 58.380 AND THAT THE INSURANCE

01:50 - 59.390 DEPARTMENT HAS.

01:50 - 01.080 >>EXPRESS REQUIREMENTS WHAT

01:51 - 03.130 POUNDS BONDMANS ME TO DO AND

01:51 - 05.020 DELAWARE COUNTY IS JUST NOW

01:51 - 07.320 COMING IN. YOU KNOW GETTING THE

01:51 - 09.070 SUSPENDERS AS WELL AS THE BOAT.

01:51 - 11.930 ALREADY LEAVING THE BAIL

01:51 - 13.710 BONDSMAN BUT ARE READY TO MAKE

01:51 - 15.790 JALAJHIA STATEWIDE GREAT

01:51 - 16.680 QUESTION YOUR HONOR.

01:51 - 20.960 >>ACTUALLY WITH REGARD THE

01:51 - 22.100 LOCAL ROLE.

01:51 - 26.150 IT'S HARD TO ANSWER THAT

01:51 - 26.890 QUESTION TO REPEAT YOUR

01:51 - 27.890 QUESTION AGAIN PLEASE.

01:51 - 29.880 I'M SORRY I'M A LITTLE

01:51 - 32.930 FOR THE

01:51 - 37.270 WE DON'T BUY YOU A 100.

01:51 - 37.770 >>THE LAST

01:51 - 44.240 SO IT APPEARS THAT EXIT THROUGH

01:51 - 46.210 ACTS, 16 INSURANCE DEPARTMENT

01:51 - 47.320 HAS DECIDED

01:51 - 49.890 TO REGULATE INSURER AND BILLS

01:51 - 52.050 BONDSMAN STATEWIDE AND

01:51 - 53.900 THEREFORE HAS TAKEN AWAY THE

01:51 - 55.480 CONCERN THAT DON'T WORK COUNTY

01:51 - 57.460 HAD ORIGINALLY. SO DEBORAH

01:51 - 59.560 COUNTIES JUST COMING IN AND

01:51 - 00.890 BASICALLY GOING ON

01:52 - 02.390 ANOTHER REGULATION THAT'S

01:52 - 04.110 ALREADY BEEN TAKING CARE OF AND

01:52 - 06.630 YOU'RE ASKING ME BILLS BONDSMAN

01:52 - 08.720 TO DO SOMETHING TWICE WHICH

01:52 - 09.860 ALREADY BEEN TAKEN CARE OF

01:52 - 11.570 STATEWIDE WELL I THINK THERE'S

01:52 - 12.820 A DISTINCTION HERE SO THE

01:52 - 13.930 APPELLANTS ARE ACTUALLY

01:52 - 15.020 CORPORATE CHARITIES AND NOT

01:52 - 15.770 BAIL BONDSMAN.

01:52 - 17.490 >>ACCORDING TO THE APPELLATE

01:52 - 19.290 THEY TAKE THERE'S BEEN CHANGES

01:52 - 21.210 TO ACT 16 AND THOSE CHANGES

01:52 - 22.950 PARTICULARLY APPLY TO BAIL

01:52 - 24.670 BONDSMAN AND NOT ANY CORPORATE

01:52 - 27.400 CHARITIES AND AGAIN THE AKC 16

01:52 - 29.220 ACTUALLY DEFINE SEPARATELY BILL

01:52 - 29.700 BONDS AND

01:52 - 31.140 CORPORATE CHARITIES. SO THERE'S

01:52 - 32.870 NO LIMITED THAT DELAWARE COUNTY

01:52 - 34.040 HAS FROM PRESCRIBING ANY

01:52 - 35.550 ADDITIONAL REQUIREMENTS UPON

01:52 - 38.060 CORPORATE CHARITIES. I DON'T IT

01:52 - 39.130 PROTECTED BY.

01:52 - 42.720 ACTS 16 WHERE THE REQUIREMENT

01:52 - 43.910 THAT THE SURETY HAS PUT UP ALL

01:52 - 45.260 THIS MONEY ISN'T DONALD COUNTY

01:52 - 46.400 PROTECTED WHY DO YOU NEED THE

01:52 - 47.570 EXTRA MONEY.

01:52 - 50.860 IT ALLOWS

01:52 - 52.460 FOR BASICALLY THE COUNTY TO

01:52 - 53.780 ENSURE THAT THERE IS ENOUGH

01:52 - 56.300 MONEY. ONE FILED TO ACTUALLY

01:52 - 57.210 TAKE ANY.

01:52 - 59.660 I GUESS JUDGMENT FROM AND I

01:52 - 00.730 WOULD ACTUALLY WANT TO CONFIRM

01:53 - 02.090 WITH THE OFFICE OF JUDICIAL

01:53 - 03.210 SERVICES, THE DIRECTOR OF THE

01:53 - 04.950 SEA ONE CONFIRMED WHETHER OR

01:53 - 06.290 NOT THAT'S THE ACTUAL PROCESS

01:53 - 07.700 WHETHER THE COUNTY CAN ACTUALLY

01:53 - 08.800 YOU KNOW TAKE THE MONEY

01:53 - 10.740 DIRECTLY FROM WHAT'S YOU KNOW

01:53 - 11.610 IN THE POT REGARDING THE

01:53 - 13.140 DEPOSITS ARE THEY ACTUALLY HAVE

01:53 - 14.730 TO GO THROUGH YOU KNOW THIS

01:53 - 16.850 PROCESS TOO. YOU KNOW RECEIVER

01:53 - 19.800 JUDGMENT AS A PARENT ARGUMENT

01:53 - 20.070 THAT.

01:53 - 22.250 >>BACK 16 DOESN'T ADEQUATELY

01:53 - 23.820 PROTECT THE COUNTY'S TO BRING

01:53 - 25.050 YOU THIS ADDITIONAL LEVEL OF

01:53 - 27.070 PROTECTION COME LIKE. JUDGE

01:53 - 28.950 COTE HE'S BUILT THEM WAS

01:53 - 31.510 IT MOVES SHOULD SPENDERS.

01:53 - 34.430 WITH THIS IS THAT YOUR POSITION

01:53 - 35.240 YOU NEED EXTRA.

01:53 - 37.280 >>WELL, YES, MY POSITION IS

01:53 - 38.330 THAT THE COUNTY ACTUALLY NEEDS

01:53 - 39.880 THE EXTRA PROTECTION, BUT ALSO

01:53 - 41.450 THAT AT 16 DOESN'T LIMIT THE

01:53 - 42.900 COUNTY'S ABILITY TO ACTUALLY

01:53 - 43.920 IMPLEMENT THESE ADDITIONAL

01:53 - 45.000 REQUIREMENTS SO IT DOESN'T

01:53 - 45.610 MATTER.

01:53 - 47.060 >>WHY YOU DO YOU CAN DO IT

01:53 - 48.400 UNDER THE RULE JUST CAUSE YOU

01:53 - 50.140 DO IT JUST BECAUSE WE CAN DO IT

01:53 - 51.700 OUT OF THE ROLE OF ITS

01:53 - 52.460 THE STATE.

01:53 - 54.860 >>THIS IS A BUCKET OF WATER

01:53 - 57.650 RIGHT MINORITY WHY THIS IS JUST

01:53 - 59.790 BECAUSE YOU WANT TO. BECAUSE

01:53 - 00.110 WE'RE ABLE

01:54 - 03.440 TO GUESS WITH THE X 16 SAY TO

01:54 - 05.650 PERFECT KID SHOPPING CONCLUSIVE

01:54 - 07.330 PROOF OF THE SOLVENCY AND

01:54 - 08.920 CREDIT OF SUCH COMPANY FOR

01:54 - 10.740 ALL PURPOSES AND THE

01:54 - 12.560 QUALIFICATIONS TO DO SO EXCEPT

01:54 - 15.350 AS 30 SEARCH FOR TREE AND ITS

01:54 - 16.820 EFFICIENCY AS SUCH.

01:54 - 19.780 SO WE DO IN TERMS OF

01:54 - 22.170 COMMENTARY. SPOKE AND SAID THE

01:54 - 25.180 ROAD. THE COVER IT. THEY HAVE

01:54 - 26.480 THE FINANCIAL WHEREWITHAL.

01:54 - 29.020 WELL AGAIN YOUR

01:54 - 31.660 THE APPELLANT SITES

01:54 - 34.050 TO TAX OUTSIDE OF THE ON THE

01:54 - 36.300 ACT THERE'S A MEMORANDUM AND

01:54 - 37.470 ALSO A LETTER OF RELIEF FROM

01:54 - 37.570 THE

01:54 - 39.240 INSURANCE DEPARTMENT AND THOSE

01:54 - 40.100 THINGS WHERE I WOULD ARGUE

01:54 - 41.110 FIRST THAT WE DON'T EVEN NEED

01:54 - 42.540 TO GET TO THOSE DOCUMENTS BUT

01:54 - 43.780 IF WE ACTUALLY LOOK AT THEM.

01:54 - 45.950 IT ACTUALLY APPLIES AGAINST THE

01:54 - 48.070 BILL AND THERE'S NOTHING IT

01:54 - 49.230 ACTUALLY APPLIES TO CORPORATE

01:54 - 51.710 CHARITIES AND I'M WELL I'M HERE

01:54 - 53.170 TODAY TO SAY THAT THE COUNTIES

01:54 - 54.640 AUTHORITY FOR IMPOSING THE

01:54 - 55.760 ADDITIONAL REQUIREMENTS COMES

01:54 - 57.820 FROM THAT. PENNSYLVANIA WILL OF

01:54 - 00.240 CIVIL PROCEDURE, 5.31

01:55 - 02.140 AND CERTAINLY. THE PENNSYLVANIA

01:55 - 03.740 SUPREME COURT ACTUALLY

01:55 - 05.480 YOU KNOW IS CORRECT IN THAT IN

01:55 - 06.970 THAT THERE IS NO LIMIT

01:55 - 08.470 ACCORDING TO THIS ACT AND WITH

01:55 - 10.640 REGARD TO THE CERTIFICATE.

01:55 - 13.220 AGAIN THERE'S NO I DON'T TAKE

01:55 - 15.240 THAT TO EVIDENCE A CLEAR INTENT

01:55 - 17.560 TO PREEMPT ANY LOCAL RULES

01:55 - 19.760 BUT IF YOU IF YOU SET ASIDE

01:55 - 21.580 YOUR AUTHORITY LEGAL AUTHORITY

01:55 - 23.430 TO DO SO WITH THE COUNTY'S

01:55 - 24.510 WOULD IT MAKE

01:55 - 30.060 SENSE THAT THE PUSH FOR CASH.

01:55 - 31.750 ON HAND SO TO

01:55 - 34.350 SPEAK AND WOULD BE EASIER WILL

01:55 - 36.200 BE BECAUSE IT MAY BE EASIER TO

01:55 - 36.960 COLLECT A POP.

01:55 - 38.740 >>ON IF IN FACT THERE WAS A

01:55 - 41.240 NEED. EVEN THOUGH COUNCIL

01:55 - 43.080 TALKED ABOUT 91 DAYS I WOULD I

01:55 - 43.990 WOULD THINK THAT THERE WOULD

01:55 - 47.420 BE. A QUICKER WAY TO TO BE MADE

01:55 - 49.000 WHOLE IF NECESSARY FOR THE

01:55 - 50.890 COUNTY THERE WAS CASH AS

01:55 - 52.930 OPPOSED TO OTHER WAS THE THING

01:55 - 54.420 THAT MAKES SENSE. YES, YOUR

01:55 - 55.430 HONOR DO BELIEVE THAT MAKE

01:55 - 56.910 SENSE AND AGAIN THAT'S WHY I

01:55 - 57.940 WANT TO CONFIRM WITH THE

01:55 - 59.140 DIRECTOR OF THE OFFICE OFFICIAL

01:55 - 59.750 SERVICES.

01:55 - 01.750 >>SHE WOULD KNOW MORE THAN BUT

01:56 - 03.650 AGAIN WHETHER OR NOT THE COUNTY

01:56 - 04.550 HAS TO GO THROUGH THE JUDGMENT

01:56 - 05.490 PROCESS OR NOT.

01:56 - 07.290 THE FACT REMAINS A DOES MAKE

01:56 - 08.380 THE PROCESS EASIER TO HAVE THE

01:56 - 09.240 CASH ON HAND

01:56 - 11.120 IN A DEPOSIT AND AGAIN THERE'S

01:56 - 12.430 NOTHING WITHIN ANY OF THE STATE

01:56 - 13.940 ACTS THAT APPELLANT'S ICE THAT

01:56 - 15.140 LIMITS OUR ABILITY TO DO SO.

01:56 - 22.750 >>WE'VE BEEN TOLD THE SHOOTING

01:56 - 23.550 OF US WOULD NEVER

01:56 - 27.320 HAVE KNOWN MAYBE YOU HAVE TO GO

01:56 - 28.680 BACK TO FIND INSURANCE

01:56 - 30.750 INSURANCE COMPANY, I'M STUCK

01:56 - 32.140 HERE. BUT IT DOESN'T BE ACTIVE

01:56 - 34.050 BY INSURER INSURER HAS

01:56 - 35.880 INSURANCE COMPANY. SO YOU'RE

01:56 - 36.680 TRYING TO MAKE THAT

01:56 - 39.730 DISTINCTION. A BAIL BONDSMAN VS

01:56 - 41.980 CORPORATE SURGE SURGERY THAT

01:56 - 44.390 DOESN'T REALLY LINE UP AND I

01:56 - 46.040 DON'T KNOW THE TRIAL COURT GOT

01:56 - 46.650 IT CORRECT.

01:56 - 49.230 >>YEAH, I BELIEVE THAT

01:56 - 53.630 CITATION WOULD BE 42 PSCS A

01:56 - 55.850 SECTION 5, 7, 4, 3.1

01:56 - 58.220 I BELIEVE THAT IS THE SECTION

01:56 - 59.440 OF THE STATUE THAT ACTUALLY

01:56 - 00.790 SPECIFICALLY DEFINES THE

01:57 - 02.110 CORPORATE CHARITIES VERSUS A

01:57 - 03.190 BAIL BONDSMAN.

01:57 - 05.620 AND OUR RELIANCE ON THE FACT

01:57 - 06.940 THAT THIS STATUTE ACTUALLY

01:57 - 07.520 DEFINES THE

01:57 - 09.660 TERM SEPARATELY AND WHAT A

01:57 - 11.260 PELLET IS SAYING IS THAT ACTS

01:57 - 13.930 THE CHANGES AT 16. ACTUALLY

01:57 - 16.040 APPLIES TO BILL BONDSMAN

01:57 - 17.050 BUT THE AMOUNTS AREN'T BILL

01:57 - 17.930 BONDSMAN THEY'RE ACTUALLY

01:57 - 20.080 CORPORATE CHARITIES, DANGEROUS

01:57 - 21.800 COMPANIES. YES, THEY ARE

01:57 - 24.010 UNSURE. THE ARGUMENT THAT THEIR

01:57 - 26.290 CORPORATE CHARITIES. BUT ON THE

01:57 - 26.850 INSURANCE.

01:57 - 29.030 BY DEFINITION THERE AND THEY

01:57 - 31.160 ANSWER THE INS AND BODIES AND

01:57 - 32.170 INSURANCE DEPARTMENT

01:57 - 34.000 REGULATES THEM AND THEY'VE BEEN

01:57 - 35.300 INSURANCE DEPARTMENT PULLS ALL

01:57 - 36.440 THE STRINGS AND INSURANCE

01:57 - 37.490 DEPARTMENT TELLS THEM WHAT THEY

01:57 - 38.300 NEED TO DO.

01:57 - 41.060 >>I THINK I THINK THAT AND I

01:57 - 42.130 JUST HAVE HER ANSWER MY

01:57 - 42.890 QUESTION.

01:57 - 45.050 WELL THAT IS TRUE THEY WOULD BE

01:57 - 46.220 CONSIDERED INSURANCE COMPANIES.

01:57 - 46.970 BUT AGAIN OUR

01:57 - 48.910 RELIANCE ON PENCE EVERY RULE OF

01:57 - 51.050 CRIMINAL PROCEDURE 5.31 WHICH

01:57 - 53.180 ALLOWS. THE LOCAL COURTS TO

01:57 - 54.000 PRESCRIBE ADDITIONAL

01:57 - 55.110 REQUIREMENTS AND THERE'S NO

01:57 - 56.510 LIMIT TO WHAT THOSE ADDITIONAL

01:57 - 58.800 HARMON'S WE ARE PURSUING TOO

01:57 - 01.360 THE ACT OR PURSUANT TO THIS

01:58 - 02.640 RULE 5.31.

01:58 - 10.540 AND I CAN GO ON THERE. NO

01:58 - 12.350 ADDITIONAL QUESTIONS I WANT TO

01:58 - 13.710 THANK THE COURT TO THE HOPPING

01:58 - 16.290 MINING K'S WE'RE IN THAT CASE

01:58 - 17.650 IT SAYS THAT THE MERE FACT THAT

01:58 - 18.920 THE GENERAL ASSEMBLY ENACTED

01:58 - 20.130 LEGISLATION IN A FIELD

01:58 - 21.120 DOES NOT LEAD TO THE

01:58 - 22.630 PRESUMPTION THAT THE STATE HAS

01:58 - 23.110 PRECLUDED

01:58 - 25.890 POINT ENACTMENT BUT IN GENERAL

01:58 - 27.510 ASSEMBLY MUST CLEARLY EVIDENCE

01:58 - 28.990 DIDN'T INTEND TO PRESENT.

01:58 - 31.930 FURTHER I WANT TO POINT OUT

01:58 - 32.820 WHICH IS SOMETHING THAT'S

01:58 - 34.190 INTERESTING WITH CASES SAYS

01:58 - 35.320 THAT MUNICIPALITIES ME

01:58 - 36.910 REGULARLY CERTAIN OCCUPATIONS

01:58 - 38.820 BY IMPOSING RESTRICTIONS WHICH

01:58 - 41.090 ARE IN ADDITION TO AND NOT IN

01:58 - 42.590 CONFLICT WITH STATUTORY

01:58 - 44.290 REGULATIONS. SO I WOULD TAKE

01:58 - 45.690 THAT TO ARGUE THAT THE LOCAL

01:58 - 47.280 COURTS CAN IMPOSE REQUIREMENTS

01:58 - 49.380 WHICH ARE IN ADDITION TO BUT