29.12 Raising the Issue of Enforceability

If a person charged wishes to challenge the constitutionality or legality of any Rule or regulation on which a charge is based, notice of this fact shall be given to the appropriate presiding officer prior to any hearing. The presiding officer will then set the case for argument before the entire Judicial Commission on this issue, and may request that the parties submit written briefs. If a majority of the Judicial Commission concludes that the Rule or regulation at issue is unconstitutional or illegal, the Judicial Commission shall make that fact known to the President, and request a determination of the issue by the President prior to remanding the case to the hearing officer for an adjudication on the facts. If the President decides that the Rule or regulation is constitutional and legal, the hearing officer and the review panel will accept that decision and apply the Rule or regulation as written. If the days of the notice of challenge being submitted to the presiding officer, the Rule or regulation being challenged shall be deemed constitutional and legal, and an adjudication on the facts shall proceed.

While the failure to raise the issue of constitutionality or legality as provided in this section shall preclude the person charged from raising the issue in proceedings under these regulations, it shall not be deemed to preclude the person charged from raising such an issue in any judicial proceeding he or she may institute to challenge the Rules and regulations or any sanctions imposed under them.