Effective: November 1, 2006

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Article 4. Mandatory Continuing Legal Education

Rule 114-401. Mission Statement Purpose.

By continuing their legal education

throughout the period of practice of law, attorneys lawyers can better fulfill their

obligation competently to serve their clients competently. These rules This article

establishes minimum requirements for such mandatory continuing legal education and

the means by which the requirements shall be enforced.

Rule 14-402. Definitions. As used in this article:

(a) “active emeritus” or “active emeritus lawyer” means a lawyer who has been a

member of the Bar for 50 years or who is 75 years of age as of July 1 of the current

year and who qualifies for active emeritus status as defined under the Bar’s rules,

regulations and policies;

(b) “active status” or “active status lawyer” means a lawyer who has elected to be on

active status as defined under the Bar’s rules, regulations and policies;

reciprocal admission as defined under Rule 14-705 or has been admitted as such;

(d) “approved law school” means an ABA approved law school as defined under

Rule 14-701;

(e) “Bar” means the Utah State Bar;

(f) “Board” means the Utah State Board of Mandatory Continuing Legal Education as

set forth in Rule 14-403;

(g) “Board of Bar Commissioners” means the governing board of the Bar;

(h) “certificate of compliance” means a written report evidencing a lawyer’s

completion of accredited CLE as required and defined under Rule 14-414;

(i) “CLE” means continuing legal education;

(j) “full exam” means all components of the Bar Examination as defined under Rule

14-710;

(k) “inactive status” or “inactive status lawyer” means a lawyer who has elected to be

on inactive status as defined under the Bar’s rules, regulations and policies;

(l) “MCLE” means mandatory continuing legal education as defined under this

article;

Effective: November 1, 2006

(m) “new admittee” means a lawyer newly admitted to the Utah State Bar;

(n) “NLCLE” means the New Lawyer CLE program as set forth in Rule 14-404;

(o) “presumptively approved sponsor” means those CLE sponsors or providers who

qualify under the standards set forth in Rule 14-412;

(p) “presumptive CLE accreditation” means those CLE courses or activities that

qualify under the standards set forth in Rule 14-412;

(q) “OPC” means the Bar’s Office of Professional Conduct;

(r) “OPC ethics school” means the OPC annual seminar on the Utah Rules of

Professional Conduct which provides six CLE or NLCLE credit hours; and

(s) “Supreme Court” means the Utah Supreme Court.

Rule 214-403. State Board of Continuing Legal Education Establishment and

membership of Board.

There is hereby established by this Court a Board of Mandatory Continuing Legal

Education to be appointed by this Court. The Board shall consist of 15 members, all of

whom shall be lawyers admitted to members of the Utah State Bar. Members shall be

appointed for three-year terms, except that three members of the initial Board shall be

appointed for a one-year term and three members shall be appointed for a two-year

term. Each yearly class of members shall include one member residing outside of Salt

Lake County. No person lawyer may serve more than two consecutive terms as a

member of the Board.

Rule 314-404. Continuing Legal Education Requirement Active status lawyers:

MCLE, NLCLE and admission on motion requirements.

(a) Active status lawyers. Commencing with calendar year 2004, each attorney

lawyer admitted to practice in this state Utah shall complete, during each two-calendar

year period, a minimum of 24 hours of accredited continuing legal educationCLE which

shall include a minimum of three 3 hours of accredited ethics or professional

responsibility as defined in Rule 414-408. Inactive members of the Bar, Lawyers on

inactive status as defined in Rule 7, shall are not be subject to the requirements of this

rule.

Effective: November 1, 2006

(b) NLCLE. A member lawyer who fulfills the requirements of the New Lawyer

Continuing Legal EducationNLCLE Pprogram, shall be deemed to have satisfied the

accredited continuing legal educationMCLE requirements of this rule for the reporting

period ending December 31 of the second complete year following the member’s

lawyer’s year of admission to the Bar. (. New admittees admitted under the Bar’s "Ffull

Eexam" status will shall meet their first two-year requirement through the NLCLE

program.(a) by:

(b)(1) attending the mandatory "NLCLE" ethics seminar which is given offered at

least annually by the Bar.;

(b)(2) accruing 12 credit hours of approved live NLCLE courses sponsored by the

Bar; and

(b)(3) accruing 12 credit hours of approved CLE.

Paragraph (b)(1) can be waived if the lawyer resides out-of-state. Paragraph (b)(2)

can be fulfilled by self-study credit if the lawyer resides outside of Salt Lake County.

(b) Twelve credit hours of approved live "NLCLE" workshops sponsored by the Utah

State Bar. (c) Twelve credit hours of approved continuing legal education.

Aadmission on Mmotion, as prescribed in Rule Five 14-705 of the Rules of Admission,

shall be deemed to have satisfied the accredited continuing legal educationMCLE

requirements of this rule for the reporting period ending December 31 of the second

complete calendar year following the member’s lawyer’s year of admission. In addition,

the lawyer must complete and certify no later than six months following the lawyer’s

admission that he or she has attended at least 15 hours of NLCLE on Utah practice and

procedure and ethics requirements as follows.

(a) Complete and certify no later than six (6) months following the Applicant’s

admission that he or she has attended at least fifteen (15) hours of continuing legal

education on Utah practice and procedure and ethics requirements.

(b) The Board of Bar Commissioners may by regulation specify the number of the

required fifteen (15) hours that must be in particular areas of practice, procedure and

Effective: November 1, 2006

ethics. Included in this mandatory fifteen (15) hours is attendance at the Bar’s OPC

Ethics School. This class is offered twice a year and provides six (6) credit hours.

(c)(1) The remaining nNine (9) credit hours must be made upcomprised of Utah’s

New Lawyer Continuing Legal Education ("NLCLE") courses.

(c)(2) Six credit hours must be comprised of the professional ethics course

presented in OPC’s ethics school.

(dc)(3) Twelve (12) of the fifteen (15) hours may be completed through self-study

through the Bar’s by access to Utah’s on-line education CLE system.(e) The above

fifteen (15) hours will apply towards the twenty-four (24) hours required per two-year

compliance period. The Board of Bar Commissioners may specify the number of the

required 15 hours that must be in particular areas of practice, procedure and ethics.

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(fd) Out-of-state CLE activities. Continuing Legal Education("CLE") credit may be

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awarded for out- of- state activities that the Board in the determination determines of the

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Board of Mandatory Continuing Legal Education ("MCLE Board") meets certain

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standards in furthering an attorney’s lawyer’s legal education. The Board shall

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determine Wwhether to accredit such the activities and, if so, the number of hours of

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credit to allow for such activities shall be determined by the MCLE Board. Out-of-state

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activities cannot substitute for the 15 mandatory CLE hours described in paragraph (c)

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and Rules14-705(d)(2) and 14-705(d)(3).

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(e) Activities that may be regarded as equivalent to state-sponsored CLE may

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include, but are not limited to, viewing of approved continuing legal educationCLE audio

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and video presentationsvideotapes, writing and publishing an article in a legal

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periodical, part-time teaching in an Aapproved Llaw Sschool, or delivering a paper or

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speech on a professional subject at a meeting primarily attended by lawyers, legal

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assistants, or law school students.

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(f) A lawyer’s aApplication by a member of the Bar for accreditation of a CLE activity

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must be submitted in writing to the MCLE Board if the activity has not been previously

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approved for CLE credit in Utah. Out-of-state activities cannot substitute for the fifteen

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(15) mandatory CLE hours described in 5-4(b) and (c) above.

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Regulation 3-101

Effective: November 1, 2006

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No credit will be given for any continuing legal education program completed by a

member of the bar prior to January 1, 1990

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Regulation 3-102Rule 14-405. MCLE requirements for lawyers on inactive status.

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(1a) No requirement. Lawyers on Iinactive members of the barstatus are not subject

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to meeting continuing legal educationMCLE requirements while on inactive statusduring

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their enrollment as inactive members. However, inactive members may comply with

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continuing legal education requirements during their enrollment as inactive members

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and use that continuing legal education credit to satisfy the requirements of Subsection

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(2) for the same reporting period in which the credits were earned.

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(2b) Return to active status. Notwithstanding Rule 19 of Rules for Integration and

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Management of the Utah State Bar, an A lawyer on inactive member status who returns

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to active status shall complete the continuing legal educationMCLE requirement of 24

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hours by December 31 of the year following the member's lawyer’s return to active

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status. Lawyers on inactive status may comply with MCLE requirements and use that

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CLE credit to satisfy this requirement.

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Regulation 3-103Rule 14-406. MCLE requirements for lawyers on active military

duty.

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(1a) Waiver. Members of the Utah State BarLawyers who are serving on or are

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called to federal active military duty during any portion of a compliance period shall have

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his or her MCLE requirements waived for that particular compliance period.

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(2b) Statement of compliance. Each licensed attorneylawyer serving on or called to

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federal active military duty shall file with the Board a statement of compliance providing

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verification of the date the attorney lawyer was called to federal active military duty. The

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statement of compliance and verification report will be due by January 31, following the

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year for which the report is due.

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Regulation 3-104Rule 14-407. MCLE requirements for lawyers on active emeritus

status.

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(1a) Lawyers on Aactive Eemeritus status members of the Bar shall comply with the

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standard continuing legal educationMCLE requirements by participation in 12 hours of

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continuing legal educationCLE.

Effective: November 1, 2006

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(2b) Alternative. In the alternative, lawyers on Aactive Eemeritus status members of

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the Bar may work in conjunction with another Utah lawyer on active status licensed

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member of the Bar in lieu of complying with the standard requirement of 12 hours of

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continuing legal educationCLE.(3) Lawyers on Aactive Eemeritus status members of the

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Bar who elect to work in conjunction with another Utah lawyer on active licensed

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member of the Barstatus in lieu of complying with12 hours of continuing legal

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educationCLE, shall file with the Board by January 31, following the year for which the

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report is due, a signed statement from the member of the Bar verifying that he/ or she

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has complied with the requirements of this regulationrule.

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(4) Active Emeritus is a lawyer who has been a member of the Bar for 50 years or

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who is 75 years of age as of July 1 of the current year and who qualifies for Emeritus

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Status.

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Rule 414-408. Hours of Accredited Continuing Legal Education DefinedCredit hour

defined; application for approval.

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(a) An hour of accredited continuing legal education CLE means at least sixty 60

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minutes in a one-hour period in attendance at an accredited continuing legal

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educationCLE program. Attorneys who lecture in an accredited continuing legal

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education program shall receive credit for three (3) hours for each hour, as defined in

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this Subsection (a), spent in lecturing. No lecturing or teaching credit is available for

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participation in a panel discussion.

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(b) A lawyer or a sponsoring agency applying for approval of a CLE activity or

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program shall submit to the Board all the necessary information required under this

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article.

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Rule 14-409. Self-study categories of accredited MCLE defined.

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(a) Lecturing and teaching; panel discussions. Lawyers who lecture in an accredited

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CLE program shall receive credit for three hours for each hour spent lecturing. No

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lecturing or teaching credit is available for participation in a panel discussion.

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(b) Accredited continuing legal education programs include those specifically

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accredited by the Board of Continuing Legal Education, and such programs sponsored

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by the accredited sponsors as provided by the Board of Continuing Legal Education.

Effective: November 1, 2006

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(cb) Final published course schedule. The Board shall determine the number of

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accredited CLE hours available for a program based on the final published course

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schedule. The final published course schedule of an accredited continuing legal

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education program shall be determinative of the number of hours of accredited

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continuing legal education available through such program. In all other cases, the Board

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of Continuing Legal Education shall determine the number of hours of accredited

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continuing legal education available through such program.

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(dc) Equivalent CLE credit for certain self-study activities. The Board shall allow

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equivalent credit for such activities as, in the Board's determination, further the purpose

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of these rules this article and should be allowed suchqualify for equivalency. Such

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equivalent activities may include, but are not limited to, viewing of approved continuing

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legal educationCLE audio and video presentationsvideotapes, computer interactive

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telephonic programs, writing and publishing an article in a legal periodical, part-time

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teaching by a practitioner lawyer in an ABA approved law school, or delivering a paper

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or speech on a professional subject at a meeting primarily attended by lawyers, legal

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assistants or law students. The number of hours of credit to be allowed for such

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activities and the procedures for obtaining such equivalent credit may be determined

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specifically in particular instances by the Board.

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(e) A lawyer or a sponsoring agency-desiring approval of a continuing legal

education activity or program shall submit to the board all information required.

Regulation 4(b)-101Rule 14-410. Accreditation of MCLE; undue hardship and

special accreditation.

(1a) The aAccredited legal educationCLE activities provided by these regulations

this article shall:

(1a)(1)a. Hhave as their primary objective the to increase in lawyers’ professional

competence competencyof licensed attorneys;

(1a)(2)b. Deal with be comprised of subject matter directly related to the practice of

law; and

(1a)(3)c. Ccomply with the specific requirements set forth in these regulations this

article with respect to each activity.

Effective: November 1, 2006

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(2) Formal instruction or educational seminars which meet the requirements of

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Subsection (1) lend themselves well to the fulfillment of the educational requirement

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imposed by these regulations and will be readily accredited by the Board. However, it is

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not intended that compliance with these regulations will impose any undue hardship

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upon any registered attorney by virtue of the fact that the attorney may find it difficult

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because of health or special reasons to attend such activities. Consequently, in addition

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to accrediting formal instruction at centralized locations, the Board shall accredit such

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educational activities as video and audiotape presentations, teaching, preparation of

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articles and other meritorious learning experiences provided in these regulations.

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(3b) The bBoard shall assign an appropriate number of credit hours to each

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accredited educational CLE activity. One hour of credit will be given for attendance at

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the accredited educational activity in accordance with Rule (4)(a).

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(4c) Ethics and professional responsibility courses. All courses or components of

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courses offered to fulfill the three hour ethics and professional responsibility requirement

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under 14-404(a) must be specifically accredited by the Board.

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(d) Undue hardship; special accreditation. Formal instruction or educational

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seminars which meet the requirements of paragraph (a) lend themselves well to the

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fulfillment of the educational requirement imposed by this article and will be readily

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accredited by the Board. It is not intended that compliance with this article will impose

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any undue hardship upon any lawyer by virtue of the fact that the lawyer may find it

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difficult because of health or other special reasons to attend such activities. In addition

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to accrediting formal instruction at centralized locations, the Board in its discretion may

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accredit such educational activities including, but not limited to, audio and video

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presentations, teaching, preparation of articles and other meritorious learning

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experiences as provided in this article.

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Regulation 4(b)-102Rule 14-411. Board accreditation of Individual non-approved

sponsor Ccourses Approval.

(1) The bBoard in its discretion may accredit continuing legal educationCLE courses

or activities offered by non-approved sponsors if they meet the following standards:.

Effective: November 1, 2006

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(1)(a) The course must be of intellectual or practical content and, where appropriate,

should include an ethics or professional responsibility component;.

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(1)(b) The course or activity must contribute directly to a lawyer's professional

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competence or skills, or the attorney's education with respect tolawyer’s professional or

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ethical obligations;.

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(1)(c) Course or activity leaders or lecturers must have the necessary practical or

academic skills to conduct the course effectively;.

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(1)(d) Before or at Prior to or during the course or activity, each attendee must be

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provided with written course materials of a quality and quantity which indicate that

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adequate time has been devoted to preparation and further reflect that they will be of

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value to attorneys lawyers in the their course of their practice of the law;. One-hour

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courses or activities meet this requirement by providing an outline of the course or

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activity’s content.

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(1)(e) The course or activity must be presented in an appropriate suitable setting;.

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(1)(f) During courses or activities presented by a sponsor by means of video or audio

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tape, motion picturefilm, simultaneous broadcast or other such systems or devices,

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there should be an opportunity to ask questions of course faculty or other qualified

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commentators;.

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(1)(g) The course or activity must be made available to attorneys lawyers throughout

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the state unless its the sponsor demonstrates to the satisfaction of the Board that there

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is good reason to limit the availability of the course;.

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(1)(h) A sponsor or course attendee must submit to all reasonable requests for

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information related to the course or activityand such other criteria established by the

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Board;. and

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(1)(i) A sponsor or course attendee must submit a written request for accreditation

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approval of the course on a an approved form approved by the Board within sixty 60

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days prior to or following the course or activity. Sponsors who wish to advertise a

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course as being accredited must submit a request for approval at least sixty days before

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the course is advertised. Sponsors who wish to advertise a course or activity as being

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accredited must submit a request for approval at least 60 days prior to the event.

Effective: November 1, 2006

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Regulation 4(b)-103Rule 14-412. Presumptively approved Ssponsors; Approval and

Ppresumptive MCLE Aaccreditation.

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(1a) Sponsors Offering Courses Within the State. The Board may designate an

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individual or organization as an a presumptively approved sponsor of accredited

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continuing educationCLE courses or activities within the State of Utah if they meet the

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following standards:.

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(1a)(a1) The sponsor shall be either an (i) ABA accreditedapproved law school or an

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(ii) organization engaged in continuing legal educationCLE which, during the three years

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immediately preceding its application, has sponsored at least six separate courses

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which comply with the requirements for individual course accreditation under Regulation

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4(b)-102Rule 14-411. Status as an a presumptively approved sponsor shall be subject

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to periodic review.

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(1a)(b2) Within sixty 60 days prior to offering a course, the sponsor shall represent

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indicate on a Board-approved form approved by the Board that the course satisfies the

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provisions of Regulations 4(b)-102Rule 14-411. Each course for which this

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representation has been made shall be accredited as long as the sponsor has

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presumptive approval.

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(1a)(c3) The sponsor shall submit related information concerning courses it offers to

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the Board within sixty 60 days following the presentation of a course, including the

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registration list in an approved format, a copy of the brochure describing the course, a

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description of the method or manner of presentation of course materials, and, if

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specifically requested by the Board, a set of course materials.

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(1a)(d4) The sponsor shall make its courses available to all attorneys lawyers

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throughout the state, unless it can show to thedemonstrate to the satisfaction of the

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Board that there is good reason to limit the course availabilityto certain attorneys only.

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(1a)(e5) The sponsor shall submit to all reasonable requests for information and

abide by all regulations adopted by the Boardcomply with this article.

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(1b)(f) Denial of presumptively approved sponsor status. Notwithstanding a

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sponsor's compliance with the forgoing standardsparagraphs (a)(1) through (a)(5), the

Effective: November 1, 2006

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Board may deny a sponsor designation as an a presumptively approved sponsor if the

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Board finds there is just cause for such denial.

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entitle courses offered by that sponsor to accreditation until such time that the Board

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determines that the sponsor is not entitled to presumptive approval. The Board may

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audit any sponsor having presumptive approval and may revoke the presumptive

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approval if it determines that the sponsor is offering, as accredited, courses which do

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not satisfy the standards established under Rule 14-411.

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(2d) Sponsors Offering Courses Outside the StatePresumptive MCLE accreditation.

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The Board may establish a list of those state bar associations entities that have

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continuing legal educationCLE requirements and accreditation standards, which are

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consistent with those of the Board. Courses offered outside of Utah which are

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accredited by those statesentities on the reciprocity list shall be entitled to presumptive

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accreditation. The Board may review and revise the reciprocity list at any time in its

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discretion.

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(3) Presumptive Approval. Presumptive approval of a sponsor shall entitle courses

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offered by that sponsor to accreditation until such time that the Board determines that

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the sponsor is not entitled to presumptive approval. The Board may audit any sponsor

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having presumptive approval and may revoke the presumptive approval if it determines

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that the sponsor is offering, as accredited, courses which do not satisfy the standards

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established under Regulation 4(b)-102.

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Regulation 4(d)-101Rule 14-413.

MCLE credit for qualified audio and video

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presentations; computer interactive telephonic programs; writing; lecturing; teaching;

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live attendance.

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(1) Credit is allowed for the following activities: (1)(a) Credit will be allowed for Sself-

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Sstudy with Board accredited audio and videotapes video presentations or computer

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interactive telephonic programs in accordance with the following:.

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(1)(a)i. The audio or videotape presentation must have been accredited by the

Board;

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(1a)(a1)ii. One hour of credit is will be allowed for viewing and/or listening to sixty 60

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minutes of audio or videotape video presentations or computer interactive telephonic

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programs in accordance with Rule 4(a)14-408(a);.

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(1a)(a2)iii. No more than twelve 12 hours of credit may be obtained through self-

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study with audio or videotape video presentations or computer interactive telephonic

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programs pursuant to this Subsection (a).

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(1)(b) Credit will be allowed for Wwriting and publishing an article in a legal

periodical in accordance with the following:.

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(1)(b)(1)i. To be eligible for any credit, an article must:

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(b)(1)(A) be written to address an attorneya lawyer audience,;

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(b)(1)(B) be at least 3,000 words in length,;

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(b)(1)(C) be published by a recognized publisher of legal material,; and

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(b)(1)(D) not be used in conjunction with a seminar;.

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(1)(b)(2)ii. Three credit hours are will be allowed for each 3,000 words in the article;.

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(1)(b)iii. An application for accreditation of the article must be submitted at least sixty 60

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days prior to reporting the activity for credit;. (1)(b)iv. Two or more authors may share

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credit obtained pursuant to this Subsection (b)paragraph in proportion to their

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contribution to the article; and.(1)(b)v. No more than twelve 12 hours of credit may be

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obtained through writing and publishing an article or articles pursuant to this Subsection

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(b).

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(1)(c) Credit will be allowed for Llecturing in an accredited continuing legal

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educationCLE program and part-time teaching by a practitioner lawyer in an ABA

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approved law school or delivering a paper or speech on a professional subject at a

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meeting primarily attended by lawyers, legal assistants or law students in accordance

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with the following:.

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(1)(c)(1)i. Lecturers in an accredited continuing legal educationCLE program and

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part-time teachers may receive three 3 hours of credit for each hour spent in lecturing or

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teaching as provided in Rule 4(a)14-408(a);.

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(1)(c)(2)ii. No lecturing or teaching credit is available under this Subsection (c) for

participation in a panel discussion; and.

Effective: November 1, 2006

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(1)(c)(3)iii. No more than twelve 12 hours of credit may be obtained through lecturing

and part-time teaching pursuant to this Subsection (c).

(1)(d) Credit will be allowed for Llecturing and teaching by full-time law school faculty

members in accordance with the following:.

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(1)(d)(1)i. Full-time law school faculty members may receive credit for lecturing and

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teaching in accordance with Subsection (c), but only for lecturing and teaching at

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accredited continuing legal education CLE courses;.

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(1)(d)(2)ii. No lecturing or teaching credit is available under this Subsection (d) for

participation in panel discussions; and.

(1)(d)(3)iii. No more than twelve 12 hours of credit may be obtained through lecturing

and teaching by full-time law school faculty memberspursuant to this Subsection (d).

(1)(e) Credit will be allowed for Aattendance at an accredited legal educationCLE

program in accordance with the following:.

(1)(e)(1)i. cCredit is allowed for attendance at an accredited continuing legal

educationCLE program in accordance with Rule 4(a)14-408(a); and.

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(1)(e)(2)ii. There is no restriction on the percentage of the credit hour requirement,

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which may be obtained through attendance at an accredited legal educationCLE

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program under this Subsection (e). However, a minimum of fifteen (1512) hours must be

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obtained through attendance at live continuing legal educationCLE programs.

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(1)(f) The total of all hours allowable under paragraphs sub-sections (1)(a), (b), (c),

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and (d) of this Regulation rule may not exceed twelve (12) hours during a reporting

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period.

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(2g) No credit is allowed for self-study programs except as expressly permitted

above in Regulation 4(d)-101(1)(a)under paragraph (a).

Rule 514-414. Annual Reports by AttorneysCertificate of compliance; filing, late, and

reinstatement fees; suspension; reinstatement.

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(a) Certificate of compliance. On or before January 31 of alternate years, each

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attorney admitted to practice in this statelawyer subject to MCLE requirements shall

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make file a written report tocertificate of compliance with the Board, in such form as the

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Board shall prescribe, concerning such attorney'sevidencing the lawyer’s completion of

Effective: November 1, 2006

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accredited continuing legal educationCLE courses or activities ending with the

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preceding 31st day of December. The reportcertificate of compliance shall include the

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title of programs attended, or the audio or video presentation, the computer interactive

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telephonic presentation program viewed or listened to, the sponsoring agencyentity, the

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number of hours in actual attendance at each such program, or the number of hours of

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such audio or video presentation, and such other information as the Board shall require.

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Regulation 5-101

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Each licensed attorney subject to these continuing legal education requirements

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shall file with the Board, by January 31 following the year for which the report is due, a

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statement of compliance listing continuing legal education which the attorney has

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completed during the applicable reporting period.

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Regulation 5-102

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(b) Filing fees, late fees and reinstatement fees. In accordance with Rule 8, eEach

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attorney lawyer shall pay a filing fee in the amount of $5.00 at the time of filing the

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statement certificate of compliance under paragraph (a). Any attorney lawyer who fails

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to complete the MCLE requirement by the December 31 deadline shall be assessed a

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$50.00 late fee. In addition, attorneys Lawyers who fail to comply with the requirements

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and file within a reasonable time, as determined by the Board in its discretion, after the

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late fee has been assessed may be subject to suspension and $100.00 reinstatement

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fee in accordance with Rule 14-415.

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Regulation 5-103

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(1c) Maintaining proof of compliance. Each attorney lawyer shall keep and maintain

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proof to substantiate the information claims made provided on any statement the

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certificate of compliance which has been filed with the Board. The proof may contain,

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but is not limited to, certificates of completion or attendance from sponsors, certificates

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from course leaders, or materials claimed to provide related to credit. The attorney

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lawyer shall retain this proof for a period of four years from the end of the period for

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which the statement Certificate of cCompliance is filed., and Proof shall be submitted to

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the Board upon written request.

Effective: November 1, 2006

415

(2d) Failure to provide proof of compliance; rebuttable presumption. Failure by the

416

attorney lawyer to produce proof of compliance within fifteen 15 days after written

417

request by the Board constitutes a rebuttable presumption that the attorney lawyer has

418

not complied with the continuing legal educationMCLE requirements for the applicable

419

time period of time involved.

420

(3e) Verification period. The Board may, at any time within four years after the

421

statement certificate of compliance has been is filed, commence verification

422

proceedings to determine an attorney'sa lawyer’s compliance with these rules and

423

regulations this article.

424

Rule 614-415. Penalty for Failure to Ssatisfy Continuing Legal EducationMCLE

425

Rrequirements; notice; appeal procedures; reinstatement; waivers and extensions;

426

deferrals.

427

(a) Failure to comply; petition for suspension. Any attorneyA lawyer who fails to

428

comply with reporting provisions of Rule 5 14-414 shall be assessed a late fee of

429

$50.00. An attorneyA lawyer who fails to comply with Rule 5 14-414 or who files a report

430

certificate of compliance showing that such attorneyhe or she has failed to complete the

431

required number of hours of continuing legal educationMCLE shall be notified that

432

unless all requirements are completed and reported within 30 days, a petition for his or

433

herthe lawyer’s suspension from the practice of law will be forwarded submitted to the

434

Supreme Court. Such attorney

435

(a)(1) The lawyer shall be given the opportunity during the 30 -day period to file an

436

affidavit with the Board, disclosing facts demonstrating that such person'sthe lawyer’s

437

noncompliance was not willful and tendering such documents, which, if accepted, would

438

cure the delinquency. A hearing before the Board shall be granted, if requested.

439

(a)(2) If, after a hearing, or a failure to cure the delinquency by satisfactory affidavit

440

and compliance, such personthe lawyer is suspended by the Supreme Court, the

441

person lawyer shall be notified thereof by certified mail, return receipt requested.

442

(b) Reinstatement. An attorney A lawyer suspended by the Supreme Court under the

443

provisions of this rule may be reinstated by the Court upon motion of the Board and

444

upon a showing that such attorney the lawyer has cured the delinquency for which the

Effective: November 1, 2006

445

attorney lawyer has been suspended. If a lawyer has been suspended by the Supreme

446

Court for non-compliance with this article, the lawyer must then comply with all

447

applicable rules to be eligible to return to active or inactive status.

448

449

discretion in individual cases involving hardship or extenuating circumstances, grant

450

waivers of the minimum educational MCLE requirements or extensions of time within

451

which to fulfill the requirements or make the required report.

452

453

(d) Deferrals. The Board may in its discretion defer MCLE requirements in the event

of the lawyer’s serious illness.

454

Regulation 6-101

455

(1e) Petition to appeal.

Any person lawyer who is aggrieved by any action or

456

decision of the Board under this rule may, within 30 days from the date of that the notice

457

of the action or decision, appeal to the Board by filing with the Board a petition setting

458

forth the action or decision appealed from and the relief or determination sought by the

459

appeal along with the factual and legal basis therefore. (2) Unless the a petition is filed

460

pursuant to Subsection (1), the action or Board’s decision of the Board shall be final.

461

(3e)(1) The Board may approve any a petition without hearing, or may set a date for

462

hearing. (4) If the Board determines to hear the petitionhold a hearing, the petitioner

463

lawyer shall be given at least 10 days notice of the time and place set for the hearing.

464

Testimony taken at the hearing shall be under oath, to be administered by the

465

Chairperson of the Board. (5) The Board shall enter written findings of fact, conclusions

466

of law and an appropriate the decision on each petition., aA copy of which shall be

467

mailed sent by certified mail, return receipt requested, forthwith to the petitionerlawyer.

468

(6e)(2) If the petitioner is an attorney who has failed to comply with the requirements

469

of these regulations, tThe Board may grant the attorney petitioner an extension of time

470

within which to comply with this rule on such terms as the Board considers appropriate.

471

(6e)a.(3) Decisions of the Board pursuant to Regulation 6-101, other than a denial of

472

a request for a waiver or a recommendation of suspension of an attorney's lawyer’s

473

license to practice, are final and are not subject to further contest.

Effective: November 1, 2006

474

(6)b. A decision of the Board denying a request for a waiver or recommending

475

suspension of an attorney's license to practice is final and not subject to further contest

476

unless within 30 days after service of the findings, conclusions and recommendations

477

the attorney files a written notice of appeal with the Supreme Court.

478

Regulation 6-102-Appeal to the Supreme Court

479

(f) Appeal to Supreme Court. A decision denying a request for waiver or a decision

480

to suspend the lawyer is final under paragraph (e)(3) unless within 30 days after service

481

of the findings of fact, conclusions of law and decision, the lawyer files a written notice

482

of appeal with the Supreme Court.

483

(f)(1) Transcripts. To perfect an appeal to the Supreme Court, if testimony was taken

484

before the Board, the attorney lawyer shall, at the attorney's lawyer’s expense, if

485

testimony was taken before the Board, cause to be transcribed and filed with the Board

486

a narrative reportobtain a transcript of the proceedings from the Board. The Board shall

487

certify that the narrative reporttranscript of proceedings contains a fair and accurate

488

report of the occurrences in and evidence introduced in the caseproceedings. The

489

Board shall prepare and certify a transcript of all orders and other documents pertinent

490

to the proceeding before it, and file these promptly with the clerk of the Supreme Court.

491

The matter shall thereafter be heard in by the Supreme Court under Court Rules this

492

article and other applicable rules.

493

Regulation 6-103

494

(f)(2) The time set forth in these rules this article for filing notices of appeal are

495

jurisdictional. The Board or the Supreme Court, as to appeals pending before each such

496

body may, for good cause shown: either (a) Eextend the time for the filing or certification

497

of any material, or, (b) Ddismiss the appeal for failure to prosecute the same diligently.

498

Regulation 6-104. Change of Status

499

If an attorney has been suspended by the Supreme Court for non-compliance with

500

these rules, the attorney affected must comply with the applicable regulations of the

501

Board to return to active status.

502

Regulation 6-105. Deferrals

Effective: November 1, 2006

503

504

505

506

The Board may defer continuing legal education requirement in the event of serious

illness.

Rule 714-416. Lawyers on active status not practicing law; certificate of

exemptionInactive Practitioners.

507

A member of the Utah State Barlawyer on active status who is not engaged in the

508

practice of law in Utah in the state may, upon application to the Board, be granted a

509

waiver of compliance with the continuing legal educationMCLE requirements of Rule 3

510

14-404 and obtain a certificate of exemption.

511

Rule 814-417. Miscellaneous Ffees and Eexpenses.

512

(a) Each member of the Bar shall pay a filing fee of $5.00 to the Utah State Board of

513

Continuing Legal Education at the time of filing the report required by Rule 5. Such

514

feeAll fees under this article shall be deposited in a special account of the Utah State

515

Board of Continuing Legal Education and used to defray the costs if of administering

516

these rules this article.

517

(b) The Board of Continuing Legal Education may establish other fees to defer

518

administrative costs related to requests for accreditation with, and the Supreme Court

519

shall approve such feesapproval.

520

521

reasonable and necessary expenses incurred by them in the performance of their duties

522

under this article.

523

Regulation 8-101. Fees and Expenses

524

Fees paid by the attorneys and sponsors of continuing legal education programs as

525

follows shall cover the costs of administering the continuing legal education program:

526

(1) Each attorney required to file a statement of compliance pursuant to these

527

regulations shall pay a filing fee of $5.00 at the time of filing the statement with the

528

Board.

529

(2d) All CLE sponsors of continuing legal education programs or activities who offer

530

any course in Utah for a fee shall pay to the Board, within sixty 60 days of presenting

531

the course, a fee of $1.50 per credit hour per attendee., tThe $1.50 per credit hour fee

532

will cap at $15.00 per attendee.

Effective: November 1, 2006

533

(3e) Any attorney lawyer who is required by these regulations this article to apply to

534

the Board for any special accreditation or approval of an particular educational activity

535

shall pay a fee of $5.00 at the time of application.

536

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.