Rule ELLLTC. Rules for Enforcement of Limited License Legal Technician Conduct
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RULES FOR ENFORCEMENT OF
LIMITED LICENSE LEGAL TECHNICIAN CONDUCT (ELLLTC)
TITLE 1—SCOPE, JURISDICTION, AND DEFINITIONS
ELLLTC 1.1 SCOPE OF RULES
These rules govern the procedure by which a Limited License Legal Technician (LLLT)
may be subjected to disciplinary sanctions or actions for violation of the Limited License Legal
Technician Rules of Professional Conduct (LLLT RPC) adopted by the Washington Supreme
Court.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 1.2 JURISDICTION
Any licensed LLLT permitted to engage in the limited practice of law in this state is subject
to these Rules for Enforcement of Limited License Legal Technician Conduct. Jurisdiction
exists regardless of the LLLT’s residency or authority to engage in the limited practice of law in
this state.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 1.3 DEFINITIONS
Unless the context clearly indicates otherwise, terms used in these rules have the following
meanings:
(a) “Association” means the Washington State Bar Association;
(b) “Public file” means the pleadings, motions, rulings, decisions, and other formal papers
filed in a proceeding;
(c) “Board” when used alone means the Limited License Legal Technician Board;
(d) “Board of Governors” means the Board of Governors of the Washington State Bar
Association;
(e) “Chair” when used alone means the Chair of the Limited License Legal Technician
Board;
(f) “Clerk” when used alone means the Association’s staff designated to work with the
Limited License Legal Technician Board and includes the Director of Regulatory Services and
other Association counsel where appropriate;
(g) “Firm” means any law firm or other business, whether public or private, that employs,
or contracts for the services of, an LLLT;
(h) “Court” unless otherwise specified, means the Supreme Court of Washington;
ation’s staff designated to work with the
Limited License Legal Technician Board and includes the Director of Regulatory Services and
other Association counsel where appropriate;
(g) “Firm” means any law firm or other business, whether public or private, that employs,
or contracts for the services of, an LLLT;
(h) “Court” unless otherwise specified, means the Supreme Court of Washington;
(i) “Disciplinary action” means sanctions under rule 13.1 and admonitions under rule 13.5;
(j) “ELC” means the Rules for Enforcement of Lawyer Conduct;
(k) “Final” means no review has been sought in a timely fashion or all appeals have been
concluded;
(l) “Grievant” means the person or entity who files a grievance (except for a confidential
source under rule 5.2);
(m) “Hearing Officer” means the person assigned under rule 10.2(a)(1) or, when a hearing
panel has been assigned, the hearing panel chair;
(n) “LLLT” means Limited License Legal Technician;
(o) “Mental or physical incapacity” includes, but is not limited to, insanity, mental illness,
senility, or debilitating use of alcohol or drugs;
(p) "Panel" means a hearing panel under rule 10.2(a)(2);
(q) “Party” means disciplinary counsel or respondent, except in rule 2.3(c) “party” also
includes a grievant;
(r) “Respondent” means an LLLT against whom a grievance is filed or an LLLT
investigated by the Clerk or disciplinary counsel;
(s) “APR” means the Admission and Practice Rules;
(t) “CR” means the Superior Court Civil Rules;
(u) “RAP” means the Rules of Appellate Procedure;
(v) “LLLT RPC” means the Limited License Legal Technician Rules of Professional
Conduct adopted by the Washington Supreme Court.
means an LLLT against whom a grievance is filed or an LLLT
investigated by the Clerk or disciplinary counsel;
(s) “APR” means the Admission and Practice Rules;
(t) “CR” means the Superior Court Civil Rules;
(u) “RAP” means the Rules of Appellate Procedure;
(v) “LLLT RPC” means the Limited License Legal Technician Rules of Professional
Conduct adopted by the Washington Supreme Court.
(w) Words of authority.
(1) “May” means “has discretion to,” “has a right to,” or “is permitted to.”
(2) “Must” means “is required to.”
(3) “Should” means recommended but not required.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 1.4 NO STATUTE OF LIMITATION
No statute of limitation or other time limitation restricts filing a grievance or bringing a
proceeding under these rules, but the passage of time since an act of misconduct occurred may be
considered in determining what if any action or sanction is warranted.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 1.5 VIOLATION OF DUTIES IMPOSED BY THESE RULES
An LLLT violates LLLT RPC 8.4 and may be disciplined under these rules for violating
duties imposed by these rules, including but not limited to the following duties:
•
respond to inquiries or requests about matters under investigation, rule 5.3(e);
•
file an answer to a formal complaint or to an amendment to a formal complaint,
rule 10.5;
•
cooperate with discovery and comply with hearing orders, rules 5.5 and 10.11(g);
•
attend a hearing and bring materials requested by Association staff and/or
disciplinary counsel, rule 10.13(b) and (c);
•
respond to subpoenas and comply with orders enforcing subpoenas, rule 10.13(e);
•
notify clients and others of inability to act, rule 14.1;
•
discontinue practice, rule 14.2;
•
file an affidavit of compliance, rule 14.3;
•
maintain confidentiality, rule 3.2
attend a hearing and bring materials requested by Association staff and/or
disciplinary counsel, rule 10.13(b) and (c);
•
respond to subpoenas and comply with orders enforcing subpoenas, rule 10.13(e);
•
notify clients and others of inability to act, rule 14.1;
•
discontinue practice, rule 14.2;
•
file an affidavit of compliance, rule 14.3;
•
maintain confidentiality, rule 3.2;
•
cooperate with an examination of books and records, rule 15.2;
•
notify the Association of a trust account overdraft, rule 15.4(b);
•
file a declaration or questionnaire certifying compliance with LLLT RPC 1.15A and
1.15B, rule 15.5;
•
comply with conditions of probation, rule 13.8;
•
comply with conditions of a stipulation, rule 9.1;
•
pay restitution, rule 13.7; or
•
pay costs, rule 5.3(e) or 13.9.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 2—ORGANIZATION AND STRUCTURE
ELLLTC 2.1 SUPREME COURT
The Washington Supreme Court has exclusive responsibility in the state to administer the
LLLT discipline and disability system and has inherent power to maintain appropriate standards
of professional conduct and to dispose of individual cases of LLLT discipline and disability.
Persons carrying out the functions set forth in these rules act under the Supreme Court’s
authority.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.2 BOARD OF GOVERNORS
(a) Function. The Board of Governors of the Association:
(1) supervises the general functioning of the disciplinary counsel and Association staff; and
(2) performs other functions and takes other actions provided in these rules, delegated by
the Supreme Court, or necessary and proper to carry out its duties.
ective October 28, 2025 as a
permanent rule.]
ELLLTC 2.2 BOARD OF GOVERNORS
(a) Function. The Board of Governors of the Association:
(1) supervises the general functioning of the disciplinary counsel and Association staff; and
(2) performs other functions and takes other actions provided in these rules, delegated by
the Supreme Court, or necessary and proper to carry out its duties.
(b) Limitation of Authority. The Board of Governors has no right or responsibility to
review hearing officer, hearing panel, or Limited License Legal Technician Board decisions or
recommendations in specific cases.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.3 LIMITED LICENSE LEGAL TECHNICIAN BOARD
(a) Function for purposes of these rules. The Board performs the functions provided
under these rules, delegated by the Supreme Court, or necessary and proper to carry out its
duties.
(b) Membership.
(1) Composition. The Board is composed as set forth in APR 28(C).
(2) Voting. Each member, including the Chair, whether nonlawyer or lawyer, has one vote.
(3) Quorum. A majority of the Board members constitutes a quorum. If there is a quorum,
the concurrence of a majority of those present and voting constitutes action of the Board, so long
as at least five members vote.
(4) Leave of Absence While Grievance Is Pending. If a grievance is filed against a member
of the Board, the member shall take a leave of absence until the matter is resolved.
(3) Quorum. A majority of the Board members constitutes a quorum. If there is a quorum,
the concurrence of a majority of those present and voting constitutes action of the Board, so long
as at least five members vote.
(4) Leave of Absence While Grievance Is Pending. If a grievance is filed against a member
of the Board, the member shall take a leave of absence until the matter is resolved.
(c) Disqualification.
(1) A Board member should disqualify themself from a particular matter in which the
member’s impartiality might reasonably be questioned, including, but not limited to, instances in
which:
(A) the member has a personal bias or prejudice concerning a party, or personal knowledge
of disputed evidentiary facts concerning the matter;
(B) the member previously served as a lawyer or LLLT or was a material witness in the
matter in controversy, or a lawyer or LLLT with whom the member works serves or has
previously served as a lawyer or LLLT concerning the matter, or such lawyer or LLLT is or has
been a material witness concerning the matter;
(C) the member knows that, individually or as a fiduciary, the member or the member’s
spouse or relative residing in the member’s household has an economic interest in the subject
matter in controversy or in a party to the matter, or is an officer, director, or trustee of a party or
has any other interest that could be substantially affected by the outcome of the matter, unless
there is a remittal of disqualification under section (d);
(D) the member or the member’s spouse or relative residing in the member’s household, or
the spouse of such a person:
(i) is a party to the matter, or is an officer, director, or trustee of a party;
(ii) is acting as a lawyer or LLLT in the matter;
(iii) is to the member’s knowledge likely to be a material witness in the matter.
(d) Remittal of Disqualification. A member disqualified under subsection (c)(1)(C) or
spouse or relative residing in the member’s household, or
the spouse of such a person:
(i) is a party to the matter, or is an officer, director, or trustee of a party;
(ii) is acting as a lawyer or LLLT in the matter;
(iii) is to the member’s knowledge likely to be a material witness in the matter.
(d) Remittal of Disqualification. A member disqualified under subsection (c)(1)(C) or
(c)(1)(D) may, instead of withdrawing from consideration of the matter, disclose on the record
the basis of the disqualification. If, based on such disclosure, the parties and lawyers,
independently of the member’s participation, all agree in writing or on the record that the
member’s relationship is immaterial or that the member’s economic interest is de minimis, the
member is no longer disqualified and may participate in the matter. If a party is not immediately
available, the member may proceed on the assurance of the party’s counsel that the party’s
consent will be subsequently given.
(e) Counsel and Clerk. The Executive Director of the Association, under the direction of
the Association’s Board of Governors, may appoint a suitable person or persons to act as counsel
and Clerk to the Board, to assist the Board and the discipline committee in carrying out their
functions under these rules.
(f) Restriction on Representing Respondents. Former members of the Board are subject
to the restrictions on representing respondents in rule 2.11(b).
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.4 DISCIPLINE COMMITTEE
(a) Function. The discipline committee performs the functions provided under these rules,
delegated by the Board or the Chair, or necessary and proper to carry out its duties.
o the restrictions on representing respondents in rule 2.11(b).
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.4 DISCIPLINE COMMITTEE
(a) Function. The discipline committee performs the functions provided under these rules,
delegated by the Board or the Chair, or necessary and proper to carry out its duties.
(b) Membership. The Chair appoints a discipline committee of three to five members
from among the Board members. The Chair may change the appointment of members to the
discipline committee as necessary for equitable distribution of work or for other reasons. The
Chair does not serve on the discipline committee. The Court may appoint additional non-Board
members to the committee as requested by the Chair.
(c) Discipline Committee Chair. The Chair of the Limited License Legal Technician
Board designates one member of the discipline committee who is also a member of the Board to
act as its chair.
(d) Terms of Office. A Limited License Legal Technician Board member may serve as a
discipline committee member as long as the member is on the Board or for other shorter terms as
determined by the Chair of the Limited License Legal Technician Board to be appropriate.
(e) Meetings. The discipline committee meets at times and places determined by the
discipline committee chair, under the general direction of the Chair of the Limited License Legal
Technician Board. In the discipline committee chair’s discretion, the committee may meet and
act through electronic, telephonic, written, or other means of communication.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.5 HEARING OFFICER OR PANEL
(a) Function. A hearing officer or panel to whom a case has been assigned for hearing
conducts the hearing and performs other functions as provided under these rules.
through electronic, telephonic, written, or other means of communication.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.5 HEARING OFFICER OR PANEL
(a) Function. A hearing officer or panel to whom a case has been assigned for hearing
conducts the hearing and performs other functions as provided under these rules.
(b) Qualifications. A hearing officer must be an active hearing officer in the lawyer
discipline system as set forth in rule 2.5 of the ELC.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.6 HEARING OFFICER CONDUCT
Conduct of Those on Hearing Officer List. The duties and responsibilities imposed on
hearing officers by ELC 2.6 apply to hearing officers for LLLT disciplinary proceedings.
Additionally, a person on the hearing officer list should not:
(1) testify voluntarily as a character witness in an LLLT disciplinary proceeding;
(2) serve as an expert witness related to the professional conduct of LLLTs in any
proceeding; or
(3) serve as respondent’s counsel in LLLT disciplinary proceedings.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.7 DISCIPLINARY COUNSEL
Association disciplinary counsel appointed under ELC 2.8, or other designated Association
staff who are WSBA members, acts as counsel on the Board’s behalf on all matters under these
rules, and performs other duties as required by these rules. Special disciplinary counsel may be
appointed whenever necessary to conduct an individual investigation or proceeding
ELLLTC 2.7 DISCIPLINARY COUNSEL
Association disciplinary counsel appointed under ELC 2.8, or other designated Association
staff who are WSBA members, acts as counsel on the Board’s behalf on all matters under these
rules, and performs other duties as required by these rules. Special disciplinary counsel may be
appointed whenever necessary to conduct an individual investigation or proceeding.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.8 REMOVAL OF APPOINTEES
The power granted by these rules to any person, committee, or board to make any
appointment includes the power to remove the person appointed whenever that person appears
unwilling or unable to perform his or her duties, or for any other cause, and to fill the resulting
vacancy.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.9 COMPENSATION AND EXPENSES
Compensation and expenses of hearing officers will be as prescribed in ELC 2.11.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.10 COMMUNICATIONS TO THE BOARD PRIVILEGED
Communications to the Limited License Legal Technician Board, discipline committee,
Association, Board of Governors, hearing officer, disciplinary counsel, Association staff, or any
other individual acting under authority of these rules, are absolutely privileged, and no lawsuit
predicated thereon may be instituted against any grievant, witness, or other person providing
information.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.11 RESPONDENT LIMITED LICENSE LEGAL TECHNICIAN
(a) Right to Representation. An LLLT may be represented by counsel during any stage
of an investigation or proceeding under these rules.
e instituted against any grievant, witness, or other person providing
information.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 2.11 RESPONDENT LIMITED LICENSE LEGAL TECHNICIAN
(a) Right to Representation. An LLLT may be represented by counsel during any stage
of an investigation or proceeding under these rules.
(b) Restrictions on Representation of Respondent. A former Chair of the Board or
Board member cannot represent a respondent LLLT in any proceeding under these rules until
three years after leaving office.
(c) Restriction on Charging Fee To Respond to Grievance. A respondent LLLT may
not seek to charge a grievant a fee or recover costs from a grievant for responding to a grievance
unless otherwise permitted by these rules.
(d) Medical and Psychological Records. A respondent LLLT must furnish written
releases or authorizations to permit disciplinary counsel access to medical, psychiatric, or
psychological records as may be relevant to the investigation or proceeding, subject to a motion
to the chief hearing officer, or the hearing officer if one has been appointed, to limit the scope of
the requested releases or authorizations for good cause shown.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 3—ACCESS AND NOTICE
ELLLTC 3.1 OPEN MEETINGS AND PUBLIC DISCIPLINARY INFORMATION
Open Meetings. Disciplinary hearings of the Board are public. Except as otherwise
provided in these rules, Supreme Court proceedings are public to the same extent as other
Supreme Court proceedings. Deliberations of the Board, the discipline committee, a hearing
officer, or court, and matters made confidential by other provisions of these rules, are not public.
BLIC DISCIPLINARY INFORMATION
Open Meetings. Disciplinary hearings of the Board are public. Except as otherwise
provided in these rules, Supreme Court proceedings are public to the same extent as other
Supreme Court proceedings. Deliberations of the Board, the discipline committee, a hearing
officer, or court, and matters made confidential by other provisions of these rules, are not public.
(a) Public Disciplinary Information. The public has access to the following information
subject to these rules:
(1) the record before the discipline committee and the order of the discipline committee in
any matter that a discipline committee has ordered to hearing or ordered an admonition be
issued;
(2) the record upon distribution to the discipline committee or to the Supreme Court in
proceedings based on a conviction of a felony or serious crime, as defined in rule 7.1(a);
(3) the record upon distribution to the discipline committee or to the Supreme Court in
proceedings under rule 7.2;
(4) the record and order upon approval of a stipulation for discipline imposing a sanction or
admonition, and the order approving a stipulation to dismissal of a matter previously made
public under these rules;
(5) the record before a hearing officer;
(6) the record and order before the Board in any matter reviewed under rule 10.9 or
Title 11;
(7) the public file and any exhibits and any Board or discipline committee order in any
matter that the Board or the discipline committee has ordered to public hearing, or any matter in
which disciplinary action has been taken, or any proceeding under rules 7.1-7.6;
(8) in any disciplinary matter referred to the Supreme Court, the file, record, briefs, and
argument in the case;
(9) an LLLT’s voluntary cancellation in lieu of revocation under rule 9.2; and
(10) any sanction or admonition imposed on a respondent.
ommittee has ordered to public hearing, or any matter in
which disciplinary action has been taken, or any proceeding under rules 7.1-7.6;
(8) in any disciplinary matter referred to the Supreme Court, the file, record, briefs, and
argument in the case;
(9) an LLLT’s voluntary cancellation in lieu of revocation under rule 9.2; and
(10) any sanction or admonition imposed on a respondent.
(b) Regulations. Public access to file materials and proceedings permitted by this rule may
be subject to reasonable regulation as to time, place, and manner of access. Certified copies of
public file documents will be made available at the same rate as certified copies of superior court
records. Uncertified copies of public bar file documents will be made available at a rate to be set
by the Executive Director of the Association.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 3.2 CONFIDENTIAL DISCIPLINARY INFORMATION
(a) Scope of Confidentiality. All disciplinary materials that are not public information as
defined in rule 3.1(b) are confidential and are held by the Board under the authority of the
Supreme Court, including but not limited to information protected by rule 3.3(b), rule 5.1(c)(3), a
protective order under rule 3.2(c), rule 3.2(b), court order, or other applicable law (e.g., medical
records, police reports, etc.).
(b) Investigative Confidentiality. During the course of an investigation or proceeding, the
Chair may direct that otherwise public information be kept confidential if necessary to further the
purposes of the investigation. At the conclusion of the proceeding, those materials become
public information unless subject to a protective order.
e law (e.g., medical
records, police reports, etc.).
(b) Investigative Confidentiality. During the course of an investigation or proceeding, the
Chair may direct that otherwise public information be kept confidential if necessary to further the
purposes of the investigation. At the conclusion of the proceeding, those materials become
public information unless subject to a protective order.
(c) Protective Orders. To protect a compelling interest of a grievant, witness, third party,
respondent LLLT, or other participant in an investigation, on motion and for good cause shown,
the Board Chair, the chair of the discipline committee to which a matter is assigned, or a hearing
officer to whom a matter is assigned may issue a protective order prohibiting the disclosure or
release of specific information, documents, or pleadings, and direct that the proceedings be
conducted so as to implement the order. Filing a motion for a protective order stays the
provisions of this title as to any matter sought to be kept confidential until five days after a ruling
is served on the parties. The Board reviews decisions granting or denying a protective order if
either the respondent LLLT, Clerk, or disciplinary counsel requests a review within five days of
service of the decision. On review, the Board may affirm, reverse, or modify the protective
order. The Board’s decision is not subject to further review. A request for review by the Board
stays the provisions of this title as to any matter sought to be kept confidential in that request,
and the request itself is confidential until a ruling is issued.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 3.3 APPLICATION TO STIPULATIONS, DISABILITY PROCEEDINGS,
AND DIVERSION CONTRACTS
for review by the Board
stays the provisions of this title as to any matter sought to be kept confidential in that request,
and the request itself is confidential until a ruling is issued.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 3.3 APPLICATION TO STIPULATIONS, DISABILITY PROCEEDINGS,
AND DIVERSION CONTRACTS
(a) Application to Stipulations. A stipulation under rule 9.1 providing for imposition of a
disciplinary sanction or admonition is confidential until approved, except that a grievant may be
advised concerning a stipulation and its proposed or actual content at any time. An approved
stipulation is public, unless:
(1) it is approved before the filing of a formal complaint;
(2) it provides for dismissal of a grievance without a disciplinary sanction or admonition;
and
(3) proceedings have not been instituted for failure to comply with the terms of the
stipulation.
(b) Application to Disability Proceedings. Disability proceedings under Title 8 are
confidential. However, a grievant may be advised that an LLLT against whom the grievant has
complained is subject to disability proceedings. The following information is public:
(1) that an LLLT has been transferred to disability inactive status or has been reinstated to
active status; and
(2) that a disciplinary proceeding is deferred pending supplemental proceedings under Title
8.
are
confidential. However, a grievant may be advised that an LLLT against whom the grievant has
complained is subject to disability proceedings. The following information is public:
(1) that an LLLT has been transferred to disability inactive status or has been reinstated to
active status; and
(2) that a disciplinary proceeding is deferred pending supplemental proceedings under Title
8.
(c) Diversion Contracts. Diversion contracts and supporting affidavits and declarations
under rules 6.5 and 6.6 are confidential, despite rule 3.1(b)(1), unless admitted into evidence in a
disciplinary proceeding following termination of the diversion contract for material breach.
When a matter that has previously become public under rule 3.1(b) is diverted by a diversion
contract, that contract and the supporting documents are confidential, but the fact that the matter
was diverted from discipline is public information.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 3.4 RELEASE OR DISCLOSURE OF OTHERWISE CONFIDENTIAL
INFORMATION
(a) Disclosure of Information. Except as provided in rule 3.2(c), the grievant, respondent
LLLT, or any witness may disclose the existence of proceedings under these rules or any
documents or correspondence the person received.
(b) Investigative Disclosure. The Board, Clerk, or other Association staff performing
duties under these rules may disclose information as necessary to conduct the investigation or to
keep a grievant advised of the status of a matter except as prohibited by rule 3.3(b) or 5.1(c)(3),
other court order, or other applicable law.
(c) Release Based upon License Legal Technician’s Waiver. Upon a written waiver by
an LLLT, the Board may release the status of otherwise confidential disciplinary proceedings
and provide copies of nonpublic information to any agency that an LLLT authorizes to
investigate the LLLT’s disciplinary record.
as prohibited by rule 3.3(b) or 5.1(c)(3),
other court order, or other applicable law.
(c) Release Based upon License Legal Technician’s Waiver. Upon a written waiver by
an LLLT, the Board may release the status of otherwise confidential disciplinary proceedings
and provide copies of nonpublic information to any agency that an LLLT authorizes to
investigate the LLLT’s disciplinary record.
(d) Response to Inquiry or False or Misleading Statement.
(1) The Limited License Legal Technician Board, the Chair, the President, the Board of
Governors, the Executive Director, or Chief Disciplinary Counsel, or the Director of Regulatory
Services, or a designee of any of them, may release otherwise confidential information:
(A) to respond to specific inquiries about matters that are in the public domain; or
(B) if necessary to correct a false or misleading public statement.
(2) A respondent must be given notice of a decision to release information under this
section unless the Limited License Legal Technician Board, the Chair, the President, the Board
of Governors, the Executive Director, or the Chief Disciplinary Counsel, or the Director of
Regulatory Services finds that notice would jeopardize serious interests of any person or the
public or would compromise an ongoing investigation.
(e) Discretionary Release. The Chair, the Director of Regulatory Services, the Executive
Director, or the Chief Disciplinary Counsel may authorize the general or limited release of any
confidential information obtained during an investigation when it appears necessary to protect
the interests of clients or other persons, the public, or the integrity of the disciplinary process
investigation.
(e) Discretionary Release. The Chair, the Director of Regulatory Services, the Executive
Director, or the Chief Disciplinary Counsel may authorize the general or limited release of any
confidential information obtained during an investigation when it appears necessary to protect
the interests of clients or other persons, the public, or the integrity of the disciplinary process. A
respondent must be given notice of a decision to release information under this section before its
release unless the Chair, the Director of Regulatory Services, the Executive Director, or the
Chief Disciplinary Counsel finds that notice would jeopardize serious interests of any person or
the public, or that the delay caused by giving the respondent notice would be detrimental to the
integrity of the disciplinary process.
(f) Cooperation with Enforcement Authorities. Except as provided in rule 3.2(c),
information or testimony may be released to authorities in any jurisdiction authorized to
investigate alleged criminal activity, and to the Washington State Department of Financial
Institutions, and to the Washington Office of the Insurance Commissioner.
(g) Release to Practice of Law Board. Information obtained in an investigation relating
to possible unauthorized practice of law may be released to the Practice of Law Board. Such
information shall remain under the control of the Limited License Legal Technician Board and
the Practice of Law Board must treat it as confidential unless this title or the Board authorizes
release.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 3.5 NOTICE OF DISCIPLINE
(a) Notice to Supreme Court. The Clerk must provide the Supreme Court with:
(1) a copy of any decision imposing a disciplinary sanction when that decision becomes
final;
(2) a copy of any admonition, together with the order issuing the admonition, when the
admonition is accepted or otherwise becomes final.
ctive October 28, 2025 as a
permanent rule.]
ELLLTC 3.5 NOTICE OF DISCIPLINE
(a) Notice to Supreme Court. The Clerk must provide the Supreme Court with:
(1) a copy of any decision imposing a disciplinary sanction when that decision becomes
final;
(2) a copy of any admonition, together with the order issuing the admonition, when the
admonition is accepted or otherwise becomes final.
(b) Notices of Suspension, Revocation, or Disability Inactive Status. The Board must
publish a notice of the revocation, suspension, or transfer to disability inactive status of an LLLT
on the Association website. For a transfer to disability inactive status, no reference may be made
to the specific disability. The Board may adopt formal publishing policies from time to time as
consistent with this rule.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 3.6 MAINTENANCE OF RECORDS
(a) Permanent Records. In any matter in which a disciplinary sanction has been imposed,
the public file and transcripts of the proceeding are permanent records. Related file materials,
including investigative files, may be maintained in the Clerk’s or disciplinary counsel’s
discretion. Exhibits may be returned to the party supplying them, but copies should be retained
where possible.
(b) Destruction of Files. In any matter in which a grievance or investigation has been
dismissed without the imposition of a disciplinary sanction, whether following a hearing or
otherwise, file materials relating to the matter may be destroyed three years after the dismissal
first occurred and must be destroyed at that time on the respondent LLLT’s request unless the
files are being used in an ongoing investigation or unless other good cause exists for retention.
However, file materials on a matter concluded with an admonition must be retained at least five
years after the admonition was issued
elating to the matter may be destroyed three years after the dismissal
first occurred and must be destroyed at that time on the respondent LLLT’s request unless the
files are being used in an ongoing investigation or unless other good cause exists for retention.
However, file materials on a matter concluded with an admonition must be retained at least five
years after the admonition was issued. If disciplinary counsel or the Clerk opposes a request by a
respondent for destruction of files under this rule, the Board rules on that request.
(c) Retention of Docket. If a file on a matter has been destroyed under section (b), the
Board may retain a docket record of the matter for statistical purposes only. That docket record
must not include the name or other identification of the respondent.
(d) Deceased Limited License Legal Technicians. Records and files relating to a
deceased LLLT, including permanent records, may be destroyed at any time in the Clerk’s
discretion.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 4—GENERAL PROCEDURAL RULES
ELLLTC 4.1 SERVICE OF PAPERS
(a) Service Required. Every pleading, every paper relating to discovery, every written
request or motion other than one that may be heard ex parte, and every similar paper or
document issued by the Board, the Clerk, disciplinary counsel, or the respondent LLLT under
these rules must be served on the opposing party. If a hearing is pending and a hearing officer
has been assigned, except for discovery, the party also must serve a copy on the hearing officer.
covery, every written
request or motion other than one that may be heard ex parte, and every similar paper or
document issued by the Board, the Clerk, disciplinary counsel, or the respondent LLLT under
these rules must be served on the opposing party. If a hearing is pending and a hearing officer
has been assigned, except for discovery, the party also must serve a copy on the hearing officer.
(b) Methods of Service.
(1) Service by Mail.
(A) Unless personal service is required or these rules specifically provide otherwise,
service may be accomplished by postage prepaid mail. If properly made, service by mail is
deemed accomplished on the date of mailing and is effective regardless of whether the person to
whom it is addressed actually receives it.
(B) Except as provided below, service by mail must be by certified or registered mail,
return receipt requested. Service may be by first class mail if:
(i) the parties so agree;
(ii) the document is a notice of dismissal by the Clerk or disciplinary counsel, a notice
regarding deferral under rule 5.3(b), or a request for review of any of these notices;
(iii) one or more properly made certified mailings is returned as unclaimed; or
(iv) service is on a hearing officer.
(C) The address for service by mail is as follows:
(i) for the respondent, or their attorney of record, the address in the answer, a notice of
appearance, or any subsequent document filed by the respondent or their attorney; or, in the
absence of an answer, the respondent’s address on file with the Association;
(ii) for the Board, the Clerk, or disciplinary counsel, at the address of the Association or
other address that disciplinary counsel requests.
(2) Service by Delivery. If service by mail is permitted, service may instead be
accomplished by leaving the document at the address for service by mail.
rney; or, in the
absence of an answer, the respondent’s address on file with the Association;
(ii) for the Board, the Clerk, or disciplinary counsel, at the address of the Association or
other address that disciplinary counsel requests.
(2) Service by Delivery. If service by mail is permitted, service may instead be
accomplished by leaving the document at the address for service by mail.
(3) Personal Service. Personal service on a respondent is accomplished as follows:
(A) if the respondent is found in Washington State, by personal service in the manner
required for personal service of a summons in a civil action in the superior court;
(B) if the respondent cannot be found in Washington State, service may be made either by:
(i) leaving a copy at the respondent’s place of usual abode in Washington State with a
person of suitable age and discretion then resident therein; or
(ii) mailing by registered or certified mail, postage prepaid, a copy addressed to the
respondent at their last known place of abode, office address maintained for the practice as an
LLLT, post office address, or address on file with the Association.
(C) if the respondent is found outside of Washington State, then by the methods of service
described in (A) or (B) above.
(c) Service Where Question of Mental Competence. If a guardian or guardian ad litem
has been appointed for a respondent who has been judicially declared to be of unsound mind or
incapable of conducting their own affairs, service under sections (a) and (b) above must also be
made on the guardian or guardian ad litem.
ngton State, then by the methods of service
described in (A) or (B) above.
(c) Service Where Question of Mental Competence. If a guardian or guardian ad litem
has been appointed for a respondent who has been judicially declared to be of unsound mind or
incapable of conducting their own affairs, service under sections (a) and (b) above must also be
made on the guardian or guardian ad litem.
(d) Proof of Service. If personal service is required, proof of service may be made by
affidavit of service, sheriff's return of service, or a signed acknowledgment of service. In other
cases, proof of service may also be made by certificate of a lawyer similar to that allowed by
CR 5(b)(2)(B), and the certificate must state the form of mail used. Proof of service in all cases
must be filed but need not be served on the opposing party.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 4.2 FILING; ORDERS
(a) Filing Originals. Except in matters before the Supreme Court, the original of any
pleading, motion, or other paper authorized by these rules, other than discovery, must be filed
with the Clerk. Filing may be made by first class mail and is deemed accomplished on the date
of mailing. Filing of papers for matters before the Supreme Court is governed by the Rules of
Appellate Procedure.
(b) Filing and Service of Orders. Any written order, decision, or ruling, except an order
of the Supreme Court or an informal ruling issued under rule 10.8(e), must be filed with the
Clerk, and the Clerk serves it on the respondent LLLT and disciplinary counsel.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 4.3 PAPERS
All pleadings or other papers must be typewritten or printed, double spaced, on good
quality 8½- by 11-inch paper. The use of letter-size copies of exhibits is encouraged if it does
not impair legibility
es it on the respondent LLLT and disciplinary counsel.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 4.3 PAPERS
All pleadings or other papers must be typewritten or printed, double spaced, on good
quality 8½- by 11-inch paper. The use of letter-size copies of exhibits is encouraged if it does
not impair legibility.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 4.4 COMPUTATION OF TIME
CR 6(a) and (e) govern the computation of time under these rules.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 4.5 STIPULATION TO EXTENSION OR REDUCTION OF TIME
Except for notices of appeal or matters pending before the Supreme Court, the respondent
LLLT and the Board, the Clerk, or disciplinary counsel may stipulate in any proceeding to
extension or reduction of the time requirements.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 4.6 ENFORCEMENT OF SUBPOENAS
(a) Authority. To enforce subpoenas issued under these rules, the Supreme Court
delegates contempt authority to the superior courts as necessary for the superior courts to act
under this rule.
(b) Procedure.
(1) If a person fails to obey a subpoena, or obeys the subpoena but refuses to testify or
produce documents when requested, disciplinary counsel, the respondent LLLT, or the person
issuing the subpoena may petition the superior court of the county where the hearing is being
conducted, where the subpoenaed person resides or is found, or where the subpoenaed
documents are located for enforcement of the subpoena. The petition must:
(A) be accompanied by a copy of the subpoena and proof of service;
(B) state the specific manner of the lack of compliance; and
(C) request an order compelling compliance.
he superior court of the county where the hearing is being
conducted, where the subpoenaed person resides or is found, or where the subpoenaed
documents are located for enforcement of the subpoena. The petition must:
(A) be accompanied by a copy of the subpoena and proof of service;
(B) state the specific manner of the lack of compliance; and
(C) request an order compelling compliance.
(2) Upon the filing of the petition, the superior court enters an order directing the person to
appear before it at a specified time and place to show cause why the person has not obeyed the
subpoena or has refused to testify or produce documents. A copy of the superior court’s show
cause order must be served on the person.
(3) At the show cause hearing, if it appears to the superior court that the subpoena was
properly issued, and that the particular questions the person refused to answer or the requests for
production of documents were reasonable and relevant, the superior court enters an order
requiring the person to appear at a specified time and place and to testify or produce the required
documents. On failing to obey this order, the person is dealt with as for contempt of court.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 5—GRIEVANCE INVESTIGATIONS AND DISPOSITION
ELLLTC 5.1 GRIEVANTS
(a) Filing of Grievance. Any person or entity may file a grievance against an LLLT
licensed in this state.
ed
documents. On failing to obey this order, the person is dealt with as for contempt of court.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 5—GRIEVANCE INVESTIGATIONS AND DISPOSITION
ELLLTC 5.1 GRIEVANTS
(a) Filing of Grievance. Any person or entity may file a grievance against an LLLT
licensed in this state.
(b) Consent to Disclosure. By filing a grievance, the grievant consents to disclosure of the
content of the grievance to the respondent LLLT or to any other person contacted during the
investigation of the grievance, or to any person under rules 3.1-3.4, unless a protective order is
issued under rule 3.2(c) or the grievance was filed under rule 5.2. By filing a grievance, the
grievant also agrees that the respondent may disclose to the Clerk or disciplinary counsel
investigating the grievance any information relevant to the investigation unless a protective order
is issued under rule 3.2(c).
(c) Grievant Rights. A grievant has the following rights:
(1) to be advised promptly of the receipt of the grievance, and of the name, address, and
office phone number of the person assigned to its investigation if such an assignment is made;
(2) to have a reasonable opportunity to speak with the person assigned to the grievance, by
telephone or in person, about the substance of the grievance or its status;
(3) to receive a copy of any response submitted by the respondent, except:
(A) if the response contains information of a personal and private nature about the
respondent; or
(B) if the discipline committee determines that the interests of justice would be better
served by not releasing the response;
(4) to submit additional supplemental written information or documentation at any time;
(5) to attend any hearing conducted into the grievance, subject to these rules and any
protective order issued under rule 3.2(c);
nd private nature about the
respondent; or
(B) if the discipline committee determines that the interests of justice would be better
served by not releasing the response;
(4) to submit additional supplemental written information or documentation at any time;
(5) to attend any hearing conducted into the grievance, subject to these rules and any
protective order issued under rule 3.2(c);
(6) to provide relevant testimony at any hearing conducted into the grievance, subject to
these rules and any protective order issued under rule 3.2(c);
(7) to be notified of any proposed decision to refer the respondent to diversion and to be
given a reasonable opportunity to submit to the Clerk or disciplinary counsel a written comment
thereon;
(8) to be advised of the disposition of the grievance; and
(9) to request reconsideration of a dismissal of the grievance as provided in rule 5.6(b).
(d) Grievant Duties. A grievant must do the following, or the grievance may be
dismissed:
(1) give the person assigned to the grievance documents or other evidence in their
possession, and witnesses’ names and addresses;
(2) assist in securing relevant evidence; and
(3) appear and testify at any hearing resulting from the grievance.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 5.2 CONFIDENTIAL SOURCES
If a person files a grievance or provides information to the Clerk, disciplinary counsel, or
the Board about an LLLT’s possible misconduct or disability, and asks to be treated as a
confidential source, an investigation may be conducted in the Board’s name. The confidential
source has neither the rights nor the duties of a grievant. Unless otherwise ordered, the person’s
identity may not be disclosed, either during the investigation or in subsequent formal
proceedings
ary counsel, or
the Board about an LLLT’s possible misconduct or disability, and asks to be treated as a
confidential source, an investigation may be conducted in the Board’s name. The confidential
source has neither the rights nor the duties of a grievant. Unless otherwise ordered, the person’s
identity may not be disclosed, either during the investigation or in subsequent formal
proceedings. If the respondent requests disclosure of the person’s identity, the Chair, the chair of
the discipline committee, or a hearing officer before whom a matter is pending examines
disciplinary counsel and any requested documents or file materials in camera without the
presence of the respondent or respondent’s counsel and may order disciplinary counsel or the
Clerk to reveal the identity to the respondent if doing so appears necessary for the respondent to
conduct a proper defense in the proceeding.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 5.3 INVESTIGATION OF GRIEVANCE
(a) Review and Investigation. The chair of the discipline committee or the chair’s
designee must review and may refer for investigation by the Clerk or disciplinary counsel any
alleged or apparent misconduct by an LLLT and any alleged or apparent incapacity of an LLLT
to practice as an LLLT whether the chair of the discipline committee learns of the misconduct by
grievance or otherwise. If there is no grievant, the chair of the discipline committee may refer
the matter to the Board with a request that the Board open a grievance in the Board’s name.
inary counsel any
alleged or apparent misconduct by an LLLT and any alleged or apparent incapacity of an LLLT
to practice as an LLLT whether the chair of the discipline committee learns of the misconduct by
grievance or otherwise. If there is no grievant, the chair of the discipline committee may refer
the matter to the Board with a request that the Board open a grievance in the Board’s name.
(b) Deferral.
(1) An investigation into alleged acts of misconduct by an LLLT may be deferred by the
chair of the discipline committee or disciplinary counsel, with the approval of the chair of the
discipline committee:
(A) if it appears that the allegations are related to pending civil or criminal litigation;
(B) if it appears that the respondent LLLT is physically or mentally unable to respond to
the investigation; or
(C) for other good cause, if it appears that the deferral will not endanger the public.
(2) The Clerk or disciplinary counsel must inform the grievant and respondent of a decision
to defer or a denial of a request to defer and of the procedure for requesting review. A grievant
or respondent may request review of a decision on deferral. If review is requested, the Clerk or
disciplinary counsel refers the matter to the discipline committee for reconsideration of the
decision on deferral. To request review, the grievant or respondent must deliver or deposit in the
mail a request for review to the Board no later than 45 days after the Clerk mails the notice
regarding deferral.
(c) Dismissal of Grievance Not Required. None of the following alone requires dismissal
of a grievance: the unwillingness of a grievant to continue the grievance, the withdrawal of the
grievance, a compromise between the grievant and the respondent, or restitution by the
respondent.
a request for review to the Board no later than 45 days after the Clerk mails the notice
regarding deferral.
(c) Dismissal of Grievance Not Required. None of the following alone requires dismissal
of a grievance: the unwillingness of a grievant to continue the grievance, the withdrawal of the
grievance, a compromise between the grievant and the respondent, or restitution by the
respondent.
(d) Duty To Furnish Prompt Response. Any LLLT must promptly respond to any
inquiry or request made under these rules for information relevant to grievances or matters under
investigation. Upon inquiry or request, any LLLT must:
(1) furnish in writing, or orally if requested, a full and complete response to inquiries and
questions;
(2) permit inspection and copying of the LLLT’s business records, files, and accounts;
(3) furnish copies of requested records, files, and accounts;
(4) furnish written releases or authorizations if needed to obtain documents or information
from third parties; and
(5) comply with discovery conducted under rule 5.5.
(e) Failure To Cooperate.
(1) Noncooperation Deposition. If an LLLT has not complied with any request made under
section (d) or rule 2.11(d) for more than 30 days, the Clerk or disciplinary counsel may notify the
LLLT that failure to comply within 10 days may result in the LLLT deposition or subject the
LLLT to interim suspension under rule 7.2. Ten days after this notice, disciplinary counsel may
serve the LLLT with a subpoena for a deposition. Any deposition conducted after the 10-day
period and necessitated by the LLLT’s continued failure to cooperate may be conducted at any
place in Washington State.
T that failure to comply within 10 days may result in the LLLT deposition or subject the
LLLT to interim suspension under rule 7.2. Ten days after this notice, disciplinary counsel may
serve the LLLT with a subpoena for a deposition. Any deposition conducted after the 10-day
period and necessitated by the LLLT’s continued failure to cooperate may be conducted at any
place in Washington State.
(2) Costs and Expenses.
(A) Regardless of the underlying grievance’s ultimate disposition, an LLLT who has been
served with a subpoena under this rule is liable for the actual costs of the deposition, including
but not limited to service fees, court reporter fees, travel expenses, and the cost of transcribing
the deposition, if ordered by disciplinary counsel. In addition, an LLLT who has been served
with a subpoena for a deposition under this rule is liable for a reasonable attorney fee of $500.
(B) The procedure for assessing costs and expenses is as follows:
(i) Disciplinary counsel applies to the discipline committee by itemizing the cost and
expenses and stating the reasons for the deposition.
(ii) The LLLT has 10 days to respond to disciplinary counsel’s application.
(iii) The discipline committee by order assesses appropriate costs and expenses.
(iv) Rule 13.9(e) governs Board review of the discipline committee order.
(3) Grounds for Discipline. An LLLT’s failure to cooperate fully and promptly with an
investigation as required by section (d) or rule 2.11(d) is also grounds for discipline.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 5.4 PRIVILEGES
Privilege Against Self-Incrimination. An LLLT’s duty to cooperate is subject to the
LLLT’s privilege against self-incrimination, where applicable.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 5.5 DISCOVERY BEFORE FORMAL COMPLAINT
; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 5.4 PRIVILEGES
Privilege Against Self-Incrimination. An LLLT’s duty to cooperate is subject to the
LLLT’s privilege against self-incrimination, where applicable.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 5.5 DISCOVERY BEFORE FORMAL COMPLAINT
(a) Procedure. Before filing a formal complaint, disciplinary counsel or the Clerk may
depose either a respondent LLLT or a witness, or issue requests for admission to the respondent.
To the extent possible, CR 30 or 31 applies to depositions under this rule. CR 36 governs
requests for admission.
(b) Subpoenas for Depositions. Disciplinary counsel or the Clerk may issue subpoenas to
compel the respondent’s or a witness’s attendance, or the production of books, documents, or
other evidence, at a deposition. Subpoenas must be served as in civil cases in the superior court
and may be enforced under rule 4.6.
(c) Cooperation. Every LLLT must promptly respond to discovery requests from
disciplinary counsel or the Clerk.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 5.6 DISPOSITION OF GRIEVANCE
(a) Dismissal. The Chair of the discipline committee or disciplinary counsel with the
approval of the chair of the discipline committee may dismiss grievances with or without
investigation. On dismissal, the Clerk or disciplinary counsel must notify the grievant of the
procedure for review in this rule.
effective October 28, 2025 as a
permanent rule.]
ELLLTC 5.6 DISPOSITION OF GRIEVANCE
(a) Dismissal. The Chair of the discipline committee or disciplinary counsel with the
approval of the chair of the discipline committee may dismiss grievances with or without
investigation. On dismissal, the Clerk or disciplinary counsel must notify the grievant of the
procedure for review in this rule.
(b) Review of Dismissal. A grievant may request review of dismissal of the grievance by
delivering or depositing in the mail a request for review to the Clerk no later than 45 days after
the Clerk mails the notice of dismissal. Mailing requires postage prepaid first class mail. If
review is requested, the chair of the discipline committee may either reopen the matter for
investigation or refer it to the discipline committee.
(c) Report in Other Cases. The Clerk or disciplinary counsel must report to the discipline
committee the results of investigations except those dismissed or diverted.
(d) Authority on Review. In reviewing grievances under this rule, the discipline
committee may:
(1) affirm the dismissal;
(2) issue an advisory letter under rule 5.7;
(3) issue an admonition under rule 13.5;
(4) order a hearing on the alleged misconduct; or
(5) order further investigation as may appear appropriate.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 5.7 ADVISORY LETTER
committee may:
(1) affirm the dismissal;
(2) issue an advisory letter under rule 5.7;
(3) issue an admonition under rule 13.5;
(4) order a hearing on the alleged misconduct; or
(5) order further investigation as may appear appropriate.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 5.7 ADVISORY LETTER
An advisory letter may be issued when a hearing does not appear warranted, but it appears
appropriate to caution a respondent LLLT concerning their conduct. An advisory letter may be
issued by the discipline committee but may not be issued when a grievance is dismissed
following a hearing. An advisory letter does not constitute a finding of misconduct, is not a
sanction, is not disciplinary action, and is not public information.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 6—DIVERSION
ELLLTC 6.1 REFERRAL TO DIVERSION
In a matter involving less serious misconduct as defined in rule 6.2, before filing a formal
complaint, disciplinary counsel or the Clerk may refer a respondent LLLT to diversion.
Diversion may include:
•
arbitration;
•
mediation;
•
psychological and behavioral counseling;
•
monitoring;
•
restitution;
•
continuing education programs; or
•
any other program or corrective course of action agreed to by disciplinary counsel
and respondent to address respondent’s misconduct.
Disciplinary counsel or the Clerk may negotiate and execute diversion contracts, monitor
and determine compliance with the terms of diversion contracts, and determine fulfillment or any
material breach of diversion contracts, subject to review under rule 6.9
any other program or corrective course of action agreed to by disciplinary counsel
and respondent to address respondent’s misconduct.
Disciplinary counsel or the Clerk may negotiate and execute diversion contracts, monitor
and determine compliance with the terms of diversion contracts, and determine fulfillment or any
material breach of diversion contracts, subject to review under rule 6.9.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 6.2 LESS SERIOUS MISCONDUCT
Less serious misconduct is conduct not warranting a sanction restricting the respondent
LLLT’s license to practice as an LLLT. Conduct is not ordinarily considered less serious
misconduct if any of the following considerations apply:
(1) the misconduct involves the misappropriation of funds;
(2) the misconduct results in or is likely to result in substantial prejudice to a third person,
absent adequate provisions for restitution;
(3) the respondent has been sanctioned in the last three years;
(4) the misconduct is of the same nature as misconduct for which the respondent has been
sanctioned or admonished in the last five years;
(5) the misconduct involves dishonesty, deceit, fraud, or misrepresentation;
(6) the misconduct constitutes a “serious crime” as defined in rule 7.1(a); or
(7) the misconduct is part of a pattern of similar misconduct.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 6.3 FACTORS FOR DIVERSION
Disciplinary counsel or the Clerk considers the following factors in determining whether to
refer a respondent LLLT to diversion:
(1) whether participation in diversion is likely to improve the respondent’s future
professional conduct and accomplish the goals of LLLT discipline;
(2) whether aggravating or mitigating factors exist; and
ermanent rule.]
ELLLTC 6.3 FACTORS FOR DIVERSION
Disciplinary counsel or the Clerk considers the following factors in determining whether to
refer a respondent LLLT to diversion:
(1) whether participation in diversion is likely to improve the respondent’s future
professional conduct and accomplish the goals of LLLT discipline;
(2) whether aggravating or mitigating factors exist; and
(3) whether diversion was already tried.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 6.4 NOTICE TO GRIEVANT
As provided in rule 5.1(c)(7), disciplinary counsel or the Clerk must notify the grievant, if
any, of the proposed decision to refer the respondent LLLT to diversion, and must give the
grievant a reasonable opportunity to submit written comments. The grievant must be notified
when the grievance is diverted and when the grievance is dismissed on completion of diversion.
Such decisions to divert or dismiss are not appealable.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 6.5 DIVERSION CONTRACT
(a) Negotiation. Disciplinary counsel or the Clerk and the respondent LLLT negotiate a
diversion contract, the terms of which are tailored to the individual circumstances.
(b) Required Terms. A diversion contract must:
(1) be signed by the respondent and disciplinary counsel or the Clerk;
(2) set forth the terms and conditions of the plan for the respondent and, if appropriate,
identify the use of a practice monitor and/or a recovery monitor and the monitor’s
responsibilities. If a recovery monitor is assigned, the contract must include respondent’s limited
waiver of confidentiality permitting the recovery monitor to make appropriate disclosures to
fulfill the monitor’s duties under the contract;
ms and conditions of the plan for the respondent and, if appropriate,
identify the use of a practice monitor and/or a recovery monitor and the monitor’s
responsibilities. If a recovery monitor is assigned, the contract must include respondent’s limited
waiver of confidentiality permitting the recovery monitor to make appropriate disclosures to
fulfill the monitor’s duties under the contract;
(3) provide for oversight of fulfillment of the contract terms. Oversight includes reporting
any alleged breach of the contract to disciplinary counsel or the Clerk;
(4) provide that the respondent will pay all costs incurred in connection with the contract.
The contract may also provide that the respondent will pay the costs associated with the
grievances to be deferred; and
(5) include a specific acknowledgment that a material violation of a term of the contract
renders the respondent’s participation in diversion voidable by disciplinary counsel or the Clerk.
(c) Amendment. The contract may be amended on agreement of the respondent and
disciplinary counsel or the Clerk.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 6.6 AFFIDAVIT SUPPORTING DIVERSION
A diversion contract must be supported by the respondent LLLT’s affidavit or declaration
as approved by disciplinary counsel or the Clerk setting forth the respondent’s misconduct
related to the grievance or grievances to be deferred under this title. If the diversion contract is
terminated due to a material breach, the affidavit or declaration is admissible into evidence in
any ensuing disciplinary proceeding. Unless so admitted, the affidavit or declaration is
confidential and must not be provided to the grievant or any other individual outside the Clerk
and the Office of Disciplinary Counsel, but may be provided to the discipline committee or the
Board considering the grievance
ue to a material breach, the affidavit or declaration is admissible into evidence in
any ensuing disciplinary proceeding. Unless so admitted, the affidavit or declaration is
confidential and must not be provided to the grievant or any other individual outside the Clerk
and the Office of Disciplinary Counsel, but may be provided to the discipline committee or the
Board considering the grievance.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 6.7 EFFECT OF NONPARTICIPATION IN DIVERSION
The respondent LLLT has the right to decline the offer to participate in diversion. If the
respondent chooses not to participate, the matter proceeds as though no referral to diversion had
been made.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 6.8 STATUS OF GRIEVANCE
After a diversion contract is executed by the respondent LLLT and disciplinary counsel or
the Clerk, the disciplinary grievance is deferred pending successful completion of the contract.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 6.9 TERMINATION OF DIVERSION
(a) Fulfillment of the Contract. The contract terminates when the respondent LLLT has
fulfilled the terms of the contract and gives disciplinary counsel or the Clerk an affidavit or
declaration demonstrating fulfillment. Upon receipt of this affidavit or declaration, disciplinary
counsel or the Clerk must acknowledge receipt and either dismiss any grievances deferred
pending successful completion of the contract or notify the respondent that fulfillment of the
contract is disputed. The grievant cannot appeal the dismissal. Successful completion of the
contract is a bar to any further disciplinary proceedings based on the same allegations.
or declaration, disciplinary
counsel or the Clerk must acknowledge receipt and either dismiss any grievances deferred
pending successful completion of the contract or notify the respondent that fulfillment of the
contract is disputed. The grievant cannot appeal the dismissal. Successful completion of the
contract is a bar to any further disciplinary proceedings based on the same allegations.
(b) Material Breach. A material breach of the contract is cause for termination of the
diversion. After a material breach, disciplinary counsel or the Clerk must notify the respondent
of termination from diversion and disciplinary proceedings may be instituted, resumed, or
reinstated.
(c) Review by the Chair of Discipline Committee. The chair of the discipline committee
may review disputes about fulfillment or material breach of the terms of the contract on the
request of the respondent, the Clerk, or disciplinary counsel. The request must be filed with the
Board within 15 days of notice to the respondent of the determination for which review is
sought. Determinations by the chair of the discipline committee under this section are not
subject to further review and are not reviewable in any proceeding.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 7—INTERIM PROCEDURES
ELLLTC 7.1 INTERIM SUSPENSION FOR CONVICTION OF A CRIME
termination for which review is
sought. Determinations by the chair of the discipline committee under this section are not
subject to further review and are not reviewable in any proceeding.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 7—INTERIM PROCEDURES
ELLLTC 7.1 INTERIM SUSPENSION FOR CONVICTION OF A CRIME
(a) Definitions.
(1) "Conviction" for the purposes of this rule occurs upon entry of a plea of guilty, unless
the defendant affirmatively shows that the plea was not accepted or was withdrawn, or upon
entry of a finding or verdict of guilty, unless the defendant affirmatively shows that judgment
was arrested or a new trial granted.
(2) "Serious crime" includes any:
(A) felony;
(B) crime a necessary element of which, as determined by its statutory or common law
definition, includes any of the following:
•
interference with the administration of justice;
•
false swearing;
•
misrepresentation;
•
fraud;
•
deceit;
•
bribery;
•
extortion;
•
misappropriation; or
•
theft; or
(C) attempt, or a conspiracy, or solicitation of another, to commit a "serious crime."
(b) Procedure upon Conviction.
(1) If an LLLT is convicted of a felony, disciplinary counsel must file a formal complaint
regarding the conviction. Disciplinary counsel must also petition the Supreme Court for an order
suspending the respondent LLLT during the pendency of disciplinary proceedings. The petition
for suspension may be filed before the formal complaint.
(2) If an LLLT is convicted of a crime that is not a felony but that reflects directly on the
LLLT’s honesty, trustworthiness, or fitness as an LLLT in other respects, disciplinary counsel
may refer the matter to the discipline committee to determine whether the crime is a serious
crime. If so, disciplinary counsel proceeds in the same manner as for a felony.
ed before the formal complaint.
(2) If an LLLT is convicted of a crime that is not a felony but that reflects directly on the
LLLT’s honesty, trustworthiness, or fitness as an LLLT in other respects, disciplinary counsel
may refer the matter to the discipline committee to determine whether the crime is a serious
crime. If so, disciplinary counsel proceeds in the same manner as for a felony.
(3) If an LLLT is convicted of a crime that is neither a felony nor a serious crime, the
discipline committee considers a report of the conviction in the same manner as any other report
of possible misconduct by an LLLT.
(c) Petition. A petition to the Supreme Court for suspension under this rule must include a
copy of any available document establishing the fact of conviction. If the crime is not a felony,
the petition must also include a copy of the discipline committee order finding that the crime is a
serious crime. Disciplinary counsel may also include additional facts, statements, arguments,
affidavits, and documents in the petition. A copy of the petition must be personally served on
the respondent and proof of service filed with the Court.
(d) Immediate Interim Suspension. Upon the filing of a petition for suspension under
this rule, the Court determines whether the crime constitutes a serious crime as defined in section
(a).
(1) If the crime is a felony, the Court must enter an order immediately suspending the
respondent’s LLLT license.
(2) If the crime is not a felony, the Court conducts a show cause proceeding under rule
7.2(b) to determine if the crime is a serious crime. If the Court determines the crime is a serious
crime, the Court must enter an order immediately suspending the respondent’s LLLT license. If
the Court determines that the crime is not a serious crime, upon being so advised, the Association
processes the matter as it would any other grievance.
(3) If suspended, the respondent must comply with Title 14.
ermine if the crime is a serious crime. If the Court determines the crime is a serious
crime, the Court must enter an order immediately suspending the respondent’s LLLT license. If
the Court determines that the crime is not a serious crime, upon being so advised, the Association
processes the matter as it would any other grievance.
(3) If suspended, the respondent must comply with Title 14.
(4) Suspension under this rule occurs:
(A) whether the conviction was under a law of this state, any other state, or the United
States;
(B) whether the conviction was after a plea of guilty, nolo contendere, not guilty, or
otherwise; and
(C) regardless of the pendency of an appeal.
(e) Duration of Suspension. A suspension under this rule must terminate when the
disciplinary proceeding is fully completed, after appeal or otherwise.
(f) Termination of Suspension.
(1) Petition and Response. A respondent may at any time petition the Board to recommend
termination of an interim suspension. Disciplinary counsel may file a response to the petition.
The Chair may direct disciplinary counsel to investigate as appears appropriate.
(2) Board Recommendation. If either party requests, the Board must hear oral argument on
the petition at a time and place and under terms as the Chair directs. The Board may recommend
termination of a suspension only if the Board makes an affirmative finding of good cause to do
so. There is no right of appeal from a Board decision declining to recommend termination of a
suspension.
(3) Court Action. The Court determines the procedure for its consideration of a
recommendation to terminate a suspension.
d place and under terms as the Chair directs. The Board may recommend
termination of a suspension only if the Board makes an affirmative finding of good cause to do
so. There is no right of appeal from a Board decision declining to recommend termination of a
suspension.
(3) Court Action. The Court determines the procedure for its consideration of a
recommendation to terminate a suspension.
(g) Notice of Dismissal to Supreme Court. If disciplinary counsel has filed a petition for
suspension under this rule, and the disciplinary proceedings based on the criminal conviction are
dismissed, the Supreme Court must be provided a copy of the decision granting dismissal
whether or not the respondent is suspended at the time of dismissal.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 7.2 INTERIM SUSPENSION IN OTHER CIRCUMSTANCES
(a) Types of Interim Suspension.
(1) Discipline Committee Finding of Risk to Public. Disciplinary counsel may petition the
Supreme Court for an order suspending the respondent LLLT during the pendency of any
proceeding under these rules if:
(A) it appears that a respondent’s continued practice as an LLLT poses a substantial threat
of serious harm to the public; and
(B) the discipline committee recommends an interim suspension.
(2) Board Recommendation for Revocation. When the Board enters a decision
recommending revocation, disciplinary counsel must file a petition for the respondent’s
suspension during the remainder of the proceedings. The respondent must be suspended absent
an affirmative showing that the respondent’s continued practice as an LLLT will not be
detrimental to the administration of justice or be contrary to the public interest. If the Board’s
decision is not appealed and becomes final, the petition need not be filed, or if filed may be
withdrawn.
pondent’s
suspension during the remainder of the proceedings. The respondent must be suspended absent
an affirmative showing that the respondent’s continued practice as an LLLT will not be
detrimental to the administration of justice or be contrary to the public interest. If the Board’s
decision is not appealed and becomes final, the petition need not be filed, or if filed may be
withdrawn.
(3) Failure To Cooperate with Investigation. When any LLLT fails without good cause to
comply with a request under rule 5.3(e) for information or documents, or with a subpoena issued
under rule 5.3(e), or fails to comply with disability proceedings as specified in rule 8.2(d),
disciplinary counsel may petition the Court for an order suspending the LLLT pending
compliance with the request or subpoena. If the LLLT complies with the request or subpoena,
the LLLT may petition the Court to terminate the suspension on terms the Court deems
appropriate.
(b) Procedure.
(1) Petition. A petition to the Court under this rule must set forth the acts of the LLLT
constituting grounds for suspension, and if filed under subsection (a)(2) must include a copy of
the Board’s decision. The petition may be supported by documents or affidavits. The Board
must serve the petition by mail on the day of filing. In addition, a copy of the petition must be
personally served on the LLLT no later than the date of service of the show cause order.
(2) Show Cause Order. Upon filing of the petition, the Chief Justice orders the LLLT to
appear before the Court on a date set by the Chief Justice, and to show cause why the petition for
suspension should not be granted. Disciplinary counsel must have a copy of the order to show
cause personally served on the LLLT at least 10 days before the scheduled show cause hearing.
Subsection (b)(5) notification requirements must be included in the show cause order.
tice orders the LLLT to
appear before the Court on a date set by the Chief Justice, and to show cause why the petition for
suspension should not be granted. Disciplinary counsel must have a copy of the order to show
cause personally served on the LLLT at least 10 days before the scheduled show cause hearing.
Subsection (b)(5) notification requirements must be included in the show cause order.
(3) Answer to Petition. The LLLT may answer the petition. An answer may be supported
by documents or affidavits. Failure to answer does not result in default or waive the right to
appear at the show cause hearing.
(4) Filing of Answer. A copy of any answer must be filed with both the Court and
disciplinary counsel by the date specified in the show cause order, which will be at least
5 days before the scheduled show cause hearing.
(5) Notification. The LLLT must inform the court no less than 7 days prior to the show
cause hearing whether the LLLT will appear for the show cause hearing, or the hearing will be
stricken and the Court will decide the matter without oral argument.
(6) Application of Other Rules. If the Court enters an order suspending the LLLT, the rules
relating to suspended LLLTs, including Title 14, apply.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 7.3 AUTOMATIC SUSPENSION WHEN RESPONDENT ASSERTING
INCAPACITY
When a respondent LLLT asserts incapacity to conduct a proper defense to disciplinary
proceedings, upon receipt of appropriate documentation of the assertion, the respondent must be
suspended on an interim basis by the Supreme Court pending the conclusion of the disability
proceedings. However, if the hearing officer in the supplemental proceeding files a decision that
ASSERTING
INCAPACITY
When a respondent LLLT asserts incapacity to conduct a proper defense to disciplinary
proceedings, upon receipt of appropriate documentation of the assertion, the respondent must be
suspended on an interim basis by the Supreme Court pending the conclusion of the disability
proceedings. However, if the hearing officer in the supplemental proceeding files a decision that
the respondent is not incapacitated, on petition of either party, the Court may terminate the
interim suspension.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 7.4 STIPULATION TO INTERIM SUSPENSION
At any time a respondent LLLT and disciplinary counsel may stipulate that the respondent
be suspended during the pendency of any investigation or proceeding because of conviction of a
serious crime or a substantial threat of serious harm to the public. A stipulation must state the
factual basis for the stipulation and be submitted directly to the Supreme Court for expedited
consideration. Stipulations under this rule are public upon filing with the Court, but the Court
may order that supporting materials are confidential. Either party may petition the Court to
terminate the interim suspension, and on a showing that the cause for the interim suspension no
longer exists, the Court may terminate the suspension.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 7.5 INTERIM SUSPENSIONS EXPEDITED
(a) Expedited Review. Petitions seeking interim suspension under this title receive an
expedited hearing, ordinarily no later than 14 days from issuance of an order to show cause.
longer exists, the Court may terminate the suspension.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 7.5 INTERIM SUSPENSIONS EXPEDITED
(a) Expedited Review. Petitions seeking interim suspension under this title receive an
expedited hearing, ordinarily no later than 14 days from issuance of an order to show cause.
(b) Procedure During Court Recess. When a petition seeking interim suspension under
this title is filed during a recess of the Supreme Court, the Chief Justice, the Acting Chief Justice,
or the senior Justice under SAR 10, subject to review by the full Court on motion for
reconsideration, may rule on the motion for interim suspension.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 7.6 EFFECTIVE DATE OF INTERIM SUSPENSIONS
Interim suspensions become effective on the date of the Supreme Court’s order unless the
order provides otherwise.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 8—DISABILITY PROCEEDINGS
ELLLTC 8.1 ACTION ON ADJUDICATION OF INCOMPETENCY
(a) Grounds. The Board must automatically transfer an LLLT from active to disability
inactive membership status upon receipt of a certified copy of the judgment, order, or other
appropriate document demonstrating that the LLLT:
(1) was found to be incapable of assisting in their own defense in a criminal action;
(2) was acquitted of a crime based on insanity; or
(3) had a guardian (but not a limited guardian) appointed for their person or estate on a
finding of incompetency.
e membership status upon receipt of a certified copy of the judgment, order, or other
appropriate document demonstrating that the LLLT:
(1) was found to be incapable of assisting in their own defense in a criminal action;
(2) was acquitted of a crime based on insanity; or
(3) had a guardian (but not a limited guardian) appointed for their person or estate on a
finding of incompetency.
(b) Notice to LLLT. The Board must forthwith notify the disabled LLLT and their
guardian, if one has been appointed, of the transfer to disability inactive status. The Association
must also notify the Supreme Court of the transfer and provide a copy of the judgment, order, or
other appropriate document on which the transfer was based.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 8.2 DETERMINATION OF INCAPACITY TO PRACTICE AS AN LLLT
(a) Discipline Committee May Order Hearing. The Clerk or disciplinary counsel reports
to the discipline committee on investigations into an active, suspended, or inactive respondent
LLLT’s mental or physical capacity to practice as an LLLT. The committee orders a hearing if it
appears there is reasonable cause to believe that the respondent does not have the mental or
physical capacity to practice as an LLLT. In other cases, the committee may direct further
investigation as appears appropriate or dismiss the matter.
(b) Not Disciplinary Proceedings. Proceedings under this rule are not disciplinary
proceedings.
ice as an LLLT. The committee orders a hearing if it
appears there is reasonable cause to believe that the respondent does not have the mental or
physical capacity to practice as an LLLT. In other cases, the committee may direct further
investigation as appears appropriate or dismiss the matter.
(b) Not Disciplinary Proceedings. Proceedings under this rule are not disciplinary
proceedings.
(c) Procedure.
(1) Applicable Rules. Proceedings under this rule are conducted under the procedural rules
for disciplinary proceedings.
(2) Appointment of Counsel. If counsel for the respondent does not appear within the time
for filing an answer, the Chair must appoint a member of the Association as counsel for the
respondent.
(3) Health Records. After a review committee orders a hearing under this rule, disciplinary
counsel may require the respondent to furnish written releases and authorizations for medical,
psychological, or psychiatric records as may be relevant to the inquiry, subject to a motion to the
hearing officer, or if no hearing officer has been appointed, to the chief hearing officer, to limit
the scope of the requested releases or authorizations for good cause.
(4) Examination. Upon motion, the hearing officer, or if no hearing officer has been
appointed, the chief hearing officer as defined in ELC 2.5(e), may order an examination by a
physician of the respondent’s physical condition or by a mental health professional (as defined
by RCW 71.05.020) of the respondent’s mental condition to assist in determining the
respondent’s capacity to practice as an LLLT. Unless waived by the parties, the examiner must
submit a report of the examination, including the results of any tests administered and any
diagnosis, to the hearing officer, disciplinary counsel, and the respondent.
n or by a mental health professional (as defined
by RCW 71.05.020) of the respondent’s mental condition to assist in determining the
respondent’s capacity to practice as an LLLT. Unless waived by the parties, the examiner must
submit a report of the examination, including the results of any tests administered and any
diagnosis, to the hearing officer, disciplinary counsel, and the respondent.
(5) Hearing Officer Recommendation. If the hearing officer or panel finds that the
respondent does not have the mental or physical capacity to practice as an LLLT, the hearing
officer or panel must recommend that the respondent be transferred to disability inactive status.
(6) Appeal Procedure. The procedures for appeal and review of suspension
recommendations apply to recommendations for transfer to disability inactive status.
(7) Transfer Following Board Review. If, after review of the decision of the hearing officer
or panel, the Board finds that the respondent does not have the mental or physical capacity to
practice as an LLLT, it must enter an order immediately transferring the respondent to disability
inactive status. The transfer is effective upon service of the order under rule 4.1.
(d) Interim Suspension.
(1) When the discipline committee orders a hearing on the capacity of a respondent to
practice as an LLLT, disciplinary counsel must petition the Supreme Court for the respondent’s
interim suspension under rule 7.2(a) unless the respondent is already suspended on an interim
basis.
(2) Even if the Court previously denied a petition for interim suspension under subsection
(d)(1), disciplinary counsel may petition the Court for the interim suspension of a respondent
under rule 7.2(a)(3) if the respondent fails:
(A) to appear for an independent examination under this rule;
(B) to waive health care provider-patient privilege as required by this rule; or
(C) to appear at a hearing under this rule.
ly denied a petition for interim suspension under subsection
(d)(1), disciplinary counsel may petition the Court for the interim suspension of a respondent
under rule 7.2(a)(3) if the respondent fails:
(A) to appear for an independent examination under this rule;
(B) to waive health care provider-patient privilege as required by this rule; or
(C) to appear at a hearing under this rule.
(e) Termination of Interim Suspension. If the hearing officer or panel files a decision
recommending that a respondent placed on interim suspension under this rule not be transferred
to disability inactive status, upon either party’s petition, the Court may terminate the interim
suspension.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 8.3 DISABILITY PROCEEDINGS DURING THE COURSE OF
DISCIPLINARY PROCEEDINGS
(a) Supplemental Proceedings on Capacity To Defend. A hearing officer or hearing
panel, or chief hearing officer if no hearing officer has been appointed, must order a
supplemental proceeding on the respondent LLLT’s capacity to defend the disciplinary
proceedings if the respondent asserts, or there is reasonable cause to believe, that the respondent
is incapable of properly defending the disciplinary proceeding because of mental or physical
incapacity.
(b) Purpose of Supplemental Proceedings. In a supplemental proceeding, the hearing
officer or panel determines if the respondent:
(1) is incapable of defending themself in the disciplinary proceedings because of mental or
physical incapacity;
(2) is incapable, because of mental or physical incapacity, of defending against the
disciplinary charges without the assistance of counsel; or
(3) is currently unable to practice as an LLLT because of mental or physical incapacity.
(c) Not Disciplinary Proceedings. Proceedings under this rule are not disciplinary
proceedings.
ary proceedings because of mental or
physical incapacity;
(2) is incapable, because of mental or physical incapacity, of defending against the
disciplinary charges without the assistance of counsel; or
(3) is currently unable to practice as an LLLT because of mental or physical incapacity.
(c) Not Disciplinary Proceedings. Proceedings under this rule are not disciplinary
proceedings.
(d) Procedure for Supplemental Proceedings.
(1) Applicable Rules. Proceedings under this rule are conducted under the procedural rules
for disciplinary proceedings.
(2) Deferral of Disciplinary Proceedings. The disciplinary proceedings are deferred
pending the outcome of the supplemental proceeding.
(3) Appointment of Counsel. If counsel for the respondent does not appear within 20 days
of notice to the respondent of the issues to be considered in a supplemental proceeding under this
rule, or within the time for filing an answer, the Chair must appoint a member of the Association
as counsel for the respondent in the supplemental proceedings.
(4) Health Records. Disciplinary counsel may require the respondent to furnish written
releases and authorizations for medical, psychological, or psychiatric records as may be relevant
to the determination under section (b), subject to a motion to the hearing officer to limit the
scope of the requested releases or authorizations for good cause. If the respondent asserted
incapacity, there is a rebuttable presumption that good cause does not exist.
respondent to furnish written
releases and authorizations for medical, psychological, or psychiatric records as may be relevant
to the determination under section (b), subject to a motion to the hearing officer to limit the
scope of the requested releases or authorizations for good cause. If the respondent asserted
incapacity, there is a rebuttable presumption that good cause does not exist.
(5) Examination. Upon motion, the hearing officer may order an examination by a
physician of the respondent’s physical condition or by a mental health professional (as defined
by RCW 71.05.020) of the respondent’s mental condition to assist in the determinations to be
made under section (b). Unless waived by the parties, the examiner must submit a report of the
examination, including the results of any tests administered and any diagnosis, to the hearing
officer, disciplinary counsel, and the respondent.
(6) Failure To Appear or Cooperate. If the respondent fails to appear for an independent
examination, fails to waive health care provider-patient privilege as required in these rules, or
fails to appear at the hearing, the following procedures apply:
(A) If the Association has the burden of proof, the hearing officer must hold a hearing and,
if presented with sufficient evidence to determine incapacity, order the respondent transferred to
disability inactive status. If there is insufficient evidence to determine incapacity, the hearing
officer must enter an order terminating the supplemental proceedings and reinstating the
disciplinary proceedings. A respondent who does not appear at the hearing may move to vacate
the order of transfer under rule 10.6(c).
(B) If the respondent has the burden of proof, the hearing officer must enter an order
terminating the supplemental proceedings and resuming the disciplinary proceedings.
fficer must enter an order terminating the supplemental proceedings and reinstating the
disciplinary proceedings. A respondent who does not appear at the hearing may move to vacate
the order of transfer under rule 10.6(c).
(B) If the respondent has the burden of proof, the hearing officer must enter an order
terminating the supplemental proceedings and resuming the disciplinary proceedings.
(7) Hearing Officer Decision.
(A) Capacity To Defend and practice as an LLLT. If the hearing officer or panel finds that
the respondent is capable of defending themself and has the mental and physical capacity to
practice as an LLLT, the disciplinary proceedings resume.
(B) Capacity To Defend with Counsel. If the hearing officer or panel finds that the
respondent is not capable of defending themself in the disciplinary proceedings but is capable of
adequately assisting counsel in the defense, the supplemental proceedings are dismissed and the
disciplinary proceedings resume. If counsel does not appear on behalf of the respondent within
20 days of service of the hearing officer’s decision, the Chair must appoint a member of the
Association as counsel for the respondent in the disciplinary proceeding.
(C) Finding of Incapacity. If the hearing officer or panel finds that the respondent either
does not have the mental or physical capacity to practice as an LLLT or is incapable of assisting
counsel in properly defending a disciplinary proceeding because of mental or physical
incapacity, the hearing officer or panel must recommend that the respondent be transferred to
disability inactive status. The procedures for appeal and review of suspension recommendations
apply to recommendations for transfer to disability inactive status.
to practice as an LLLT or is incapable of assisting
counsel in properly defending a disciplinary proceeding because of mental or physical
incapacity, the hearing officer or panel must recommend that the respondent be transferred to
disability inactive status. The procedures for appeal and review of suspension recommendations
apply to recommendations for transfer to disability inactive status.
(8) Transfer Following Board Review.
(A) The Board must enter an order immediately transferring the respondent to disability
inactive status if after review of a hearing officer’s or panel’s recommendation of transfer to
disability inactive status, the Board finds that the respondent:
(i) does not have the mental or physical capacity to practice as an LLLT; or
(ii) is incapable of assisting counsel in properly defending a disciplinary proceeding
because of mental or physical incapacity.
(B) The transfer is effective upon service of the order on the respondent under rule 4.1.
(e) Interim Suspension. When supplemental proceedings have been ordered, disciplinary
counsel must petition the Supreme Court for the respondent’s interim suspension under
rule 7.2(a)(1) or seek automatic suspension under rule 7.3 unless the respondent is already
suspended on an interim basis.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 8.4 APPEAL OF TRANSFER TO DISABILITY INACTIVE STATUS
The respondent LLLT may appeal an order of transfer to disability inactive status by filing
a request for the Court to review the record and order in the same manner as review by the Court
under rule 12.1. The Board’s order remains in effect, regardless of the pendency of an appeal,
unless and until reversed by the Supreme Court.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 8.5 STIPULATED TRANSFER TO DISABILITY INACTIVE STATUS
t to review the record and order in the same manner as review by the Court
under rule 12.1. The Board’s order remains in effect, regardless of the pendency of an appeal,
unless and until reversed by the Supreme Court.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 8.5 STIPULATED TRANSFER TO DISABILITY INACTIVE STATUS
(a) Requirements. At any time a respondent LLLT and disciplinary counsel may stipulate
to the transfer of the respondent to disability inactive status under this title. The respondent and
disciplinary counsel must sign the stipulation.
(b) Form. The stipulation must:
(1) state with particularity the nature of the respondent’s incapacity to practice as an LLLT
and the nature of any pending disciplinary proceedings that will be deferred as a result of the
respondent’s transfer to disability inactive status;
(2) state that it is not binding on the Association as a statement of all existing facts relating
to the professional conduct of the respondent and that any additional existing facts may be
proved in a subsequent disciplinary proceeding; and
(3) fix the amount of costs and expenses to be paid by the respondent.
(c) Approval. The stipulation must be presented to the Board. The Board reviews the
stipulation based solely on the record agreed to by the respondent and disciplinary counsel. The
Board may either approve the stipulation or reject it. Upon approval, the transfer to disability
inactive status is not subject to further review.
ix the amount of costs and expenses to be paid by the respondent.
(c) Approval. The stipulation must be presented to the Board. The Board reviews the
stipulation based solely on the record agreed to by the respondent and disciplinary counsel. The
Board may either approve the stipulation or reject it. Upon approval, the transfer to disability
inactive status is not subject to further review.
(d) Stipulation Not Approved. If the stipulation is rejected by the Board, the stipulation
has no force or effect and neither it nor the fact of its execution is admissible in any pending or
subsequent disciplinary proceeding or in any civil or criminal action.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 8.6 COSTS IN DISABILITY PROCEEDINGS
When reviewing a matter under this title, the Board may authorize disciplinary counsel to
seek assessment of the costs and expenses against the respondent LLLT. If the Board authorizes,
disciplinary counsel may file a statement of costs within 20 days of service of the Board’s order.
Rule 13.9 governs assessment of these costs and expenses. The respondent LLLT is not required
to pay the costs and expenses until 90 days after reinstatement to active status or as otherwise
approved by the Board.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 8.7 BURDEN AND STANDARD OF PROOF
In proceedings under rules 8.2 or 8.3, the party asserting or alleging the incapacity has the
burden of establishing it by a preponderance of the evidence. If the issue of incapacity is raised
by a hearing officer or panel, the Association has the burden of proof.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 8.8 REINSTATEMENT TO ACTIVE STATUS
.2 or 8.3, the party asserting or alleging the incapacity has the
burden of establishing it by a preponderance of the evidence. If the issue of incapacity is raised
by a hearing officer or panel, the Association has the burden of proof.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 8.8 REINSTATEMENT TO ACTIVE STATUS
(a) Right of Petition and Burden. A respondent LLLT transferred to disability inactive
status may resume active status only by Board or Supreme Court order. Any respondent
transferred to disability inactive status may petition the Board for transfer to active status. The
respondent has the burden of showing that the disability has been removed.
(b) Petition. The petition for reinstatement must:
(1) state facts demonstrating that the disability has been removed;
(2) include the name and address of each psychiatrist, psychologist, physician, or other
person and each hospital or other institution by whom or in which the respondent has been
examined or treated since the transfer to disability inactive status; and
(3) be filed with the Clerk and served on disciplinary counsel.
(c) Waiver of Privilege. The filing of a petition for reinstatement to active status by a
respondent transferred to disability inactive status waives any privilege as to treatment of any
medical, psychological, or psychiatric condition during the period of disability. The respondent
must furnish, if requested by the Board or disciplinary counsel, written consent to each treatment
provider to divulge information and records relating to the disability.
tatement to active status by a
respondent transferred to disability inactive status waives any privilege as to treatment of any
medical, psychological, or psychiatric condition during the period of disability. The respondent
must furnish, if requested by the Board or disciplinary counsel, written consent to each treatment
provider to divulge information and records relating to the disability.
(d) Initial Review by Chair. The Chair reviews the petition and any response by
disciplinary counsel and directs appropriate action to determine whether the disability has been
removed, including investigation by disciplinary counsel or any other person or an examination
by a physician of the respondent’s physical condition or by a mental health professional (as
defined by RCW 71.05.020) of the respondent’s mental condition.
(e) Board Review.
(1) The respondent must have a reasonable opportunity to review any reports of
investigations or examinations ordered by the Chair and submit additional materials before the
matter is submitted to the Board.
(2) On submission, the Board reviews the petition and any reports as expeditiously as
possible and takes one or more of the following actions:
(A) grants the petition;
(B) directs additional action as the Board deems necessary to determine whether the
disability has been removed;
(C) orders that a hearing be held before a hearing officer or panel under the procedural
rules for disciplinary proceedings;
(D) directs the respondent to establish proof of competence and learning in the practice of
an LLLT, which may include successful completion of the LLLT examination;
(E) denies the petition;
(F) directs the respondent to pay the costs of the reinstatement proceedings; or
(G) approves or rejects a stipulation to reinstatement between the respondent and
disciplinary counsel.
eedings;
(D) directs the respondent to establish proof of competence and learning in the practice of
an LLLT, which may include successful completion of the LLLT examination;
(E) denies the petition;
(F) directs the respondent to pay the costs of the reinstatement proceedings; or
(G) approves or rejects a stipulation to reinstatement between the respondent and
disciplinary counsel.
(3) The petition may be denied without the respondent having an opportunity for a hearing
before a hearing officer or panel only if the Board determines that a hearing is not necessary
because:
(A) the respondent fails to state a prima facie case for reinstatement in the petition; or
(B) the petition does not indicate a material change of circumstance since a previous denial
of a petition for reinstatement.
(f) Petition Granted. If the petition for reinstatement is granted, the Court immediately
restores the respondent to the respondent’s prior status. If a disciplinary proceeding has been
deferred because of the disability transfer, the proceeding resumes upon reinstatement.
(g) Review by Supreme Court. If the petition for reinstatement is not granted, the
respondent may appeal the Board’s decision to the Supreme Court, by filing a request for the
Court to review the record and order in the same manner as review by the Court under rule 12.1
within 15 days of service of the Board’s decision on the respondent. Title 12 applies to review
under this section.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 9—RESOLUTIONS WITHOUT HEARING
ELLLTC 9.1 STIPULATIONS
(a) Requirements. Any disciplinary matter or proceeding may be resolved by a stipulation
at any time. The stipulation must be signed by the respondent LLLT and approved by
disciplinary counsel or the Clerk. The stipulation may impose terms and conditions of probation
and contain any other appropriate provisions.
manent rule.]
TITLE 9—RESOLUTIONS WITHOUT HEARING
ELLLTC 9.1 STIPULATIONS
(a) Requirements. Any disciplinary matter or proceeding may be resolved by a stipulation
at any time. The stipulation must be signed by the respondent LLLT and approved by
disciplinary counsel or the Clerk. The stipulation may impose terms and conditions of probation
and contain any other appropriate provisions.
(b) Form. A stipulation must:
(1) provide sufficient detail regarding the particular acts or omissions of the respondent to
permit the Board or hearing officer to form an opinion as to the propriety of the proposed
resolution, and, if approved, to make the stipulation useful in any subsequent disciplinary
proceeding against the respondent;
(2) set forth the respondent’s prior disciplinary record or its absence;
(3) state that the stipulation is not binding on the Association as a statement of facts about
the respondent’s conduct, and that additional facts may be proved in a subsequent disciplinary
proceeding; and
(4) fix the amount of costs and expenses to be paid by the respondent.
(c) Approval.
(1) By Hearing Officer. A hearing officer or panel may approve a stipulation disposing of a
matter pending before the officer or panel, unless the stipulation requires the respondent’s license
suspension or revocation. This approval constitutes a final decision and is not subject to further
review.
(2) By Board. All other stipulations must be presented to the Board. The Board reviews a
stipulation based solely on the record agreed to by the respondent LLLT and disciplinary counsel
or the Clerk. All parties to the stipulation may jointly ask the Chair to permit them to address the
Board regarding a stipulation. Such presentations are at the Chair’s discretion. The Board may
approve, conditionally approve, or reject a stipulation. Regardless of the provisions of rule
3.3(a), the Board may direct that information or documents considered in reviewing a stipulation
be kept confidential.
All parties to the stipulation may jointly ask the Chair to permit them to address the
Board regarding a stipulation. Such presentations are at the Chair’s discretion. The Board may
approve, conditionally approve, or reject a stipulation. Regardless of the provisions of rule
3.3(a), the Board may direct that information or documents considered in reviewing a stipulation
be kept confidential.
(d) Conditional Approval. The Board may condition its approval of a stipulation on the
agreement by the respondent and disciplinary counsel or the clerk to a different disciplinary
action, probation, restitution, or other terms the Board deems necessary to accomplish the
purposes of LLLT discipline. If the Board conditions approval of a stipulation, the stipulation as
conditioned is deemed approved if, within 14 days of service of the order, or within additional
time granted by the Chair, all parties to the stipulation serve on the Clerk written consent to the
conditional terms in the Board’s order.
(e) Reconsideration. Within 14 days of service of an order rejecting or conditionally
approving a stipulation, all parties to the stipulation may serve on the Clerk a joint motion for
reconsideration and may ask to address the Board on the motion.
(f) Stipulation Rejected. The Board’s order rejecting a stipulation must state the reasons
for the rejection. A rejected stipulation has no force or effect and neither it nor the fact of its
execution is admissible in evidence in any disciplinary, civil, or criminal proceeding.
(g) Failure To Comply. A respondent’s failure to comply with the terms of an approved
stipulation may be grounds for discipline.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 9.2 VOLUNTARY CANCELLATION IN LIEU OF REVOCATION
ts
execution is admissible in evidence in any disciplinary, civil, or criminal proceeding.
(g) Failure To Comply. A respondent’s failure to comply with the terms of an approved
stipulation may be grounds for discipline.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 9.2 VOLUNTARY CANCELLATION IN LIEU OF REVOCATION
(a) Grounds. A respondent LLLT who desires not to contest or defend against allegations
of misconduct may, at any time before the answer in any disciplinary proceeding is due,
voluntarily cancel their certification as an LLLT in lieu of further disciplinary proceedings.
(b) Process. The respondent first notifies the Clerk or disciplinary counsel that the
respondent intends to submit a voluntary cancellation request and asks the Clerk or disciplinary
counsel to prepare a statement of alleged misconduct and to provide a declaration of costs. After
receiving the statement and the declaration of costs, if any, the respondent may resign by
submitting to disciplinary counsel or the Clerk a signed voluntary cancellation, sworn to or
affirmed under oath and notarized, that:
(1) includes disciplinary counsel’s or the Clerk’s statement of the alleged misconduct and
either an admission of that misconduct or a statement that while not admitting the misconduct the
respondent agrees that the Board could prove by a clear preponderance of the evidence that the
respondent committed violations sufficient to result in the revocation of respondent’s LLLT
certification;
(1) includes disciplinary counsel’s or the Clerk’s statement of the alleged misconduct and
either an admission of that misconduct or a statement that while not admitting the misconduct the
respondent agrees that the Board could prove by a clear preponderance of the evidence that the
respondent committed violations sufficient to result in the revocation of respondent’s LLLT
certification;
(2) affirmatively acknowledges that the voluntary cancellation is permanent including the
statement:
“I understand that my voluntary cancellation is permanent and that any future application
by me for reinstatement as an LLLT is currently barred. If the Supreme Court changes this
rule or an application is otherwise permitted in the future, it will be treated as an
application by one whose certification has been revoked for ethical misconduct, and that, if
I file an application, I will not be entitled to a reconsideration or reexamination of the facts,
complaints, allegations, or instances of alleged misconduct on which this voluntary
cancellation was based.”;
(3) assures that the respondent will:
(A) notify all other professional licensing agencies in any jurisdiction from which the
respondent has a professional license of the voluntary cancellation in lieu of revocation;
(B) seek to resign permanently from any such license; and
(C) provide disciplinary counsel or the Clerk with copies of any of these notifications and
any responses;
(4) states that when applying for any employment or license the respondent agrees to
disclose the voluntary cancellation in lieu of revocation in response to any question regarding
disciplinary action or the status of the respondent’s limited license to practice law;
ch license; and
(C) provide disciplinary counsel or the Clerk with copies of any of these notifications and
any responses;
(4) states that when applying for any employment or license the respondent agrees to
disclose the voluntary cancellation in lieu of revocation in response to any question regarding
disciplinary action or the status of the respondent’s limited license to practice law;
(5) states that the respondent agrees to pay any restitution or additional costs and expenses
ordered by the discipline committee and attaches payment for costs as described in section (f)
below, or states that the respondent will execute a confession of judgment or deed of trust as
described in section (f); and
(6) states that when the voluntary cancellation becomes effective, the respondent will be
subject to all restrictions that apply to an LLLT whose certification has been revoked.
(c) Public Filing. Upon receipt of a voluntary cancellation meeting the requirements set
forth above, and any executed confession of judgment or deed of trust required under section (f),
disciplinary counsel promptly causes it to be filed with the Clerk as a public and permanent
record of the Board.
(d) Effect. A voluntary cancellation under this rule is effective upon its filing with the
Clerk. All disciplinary proceedings against the respondent terminate except the Clerk or
disciplinary counsel has the discretion to continue any investigations deemed appropriate under
the circumstances to create a record of the respondent’s actions. The Association immediately
notifies the Supreme Court of a voluntary cancellation under this rule and the respondent’s name
is forthwith stricken from the roll of LLLTs. Upon filing of the voluntary cancellation,
respondent must comply with the same duties under Title 14 as an LLLT whose license has been
revoked and comply with all restrictions that apply to an LLLT whose license has been revoked.
Notice is given of the voluntary cancellation in lieu of revocation under rule 3.5
this rule and the respondent’s name
is forthwith stricken from the roll of LLLTs. Upon filing of the voluntary cancellation,
respondent must comply with the same duties under Title 14 as an LLLT whose license has been
revoked and comply with all restrictions that apply to an LLLT whose license has been revoked.
Notice is given of the voluntary cancellation in lieu of revocation under rule 3.5.
(e) Voluntary Cancellation Is Permanent. Voluntary cancellation under this rule is
permanent. A respondent who has voluntarily cancelled under this rule will never be eligible to
apply and will not be considered for admission to the practice of law nor will the respondent be
eligible for admission or reinstatement for any limited practice of law.
(f) Costs and Expenses.
(1) If a respondent voluntarily cancels under this rule, the expenses under rule 13.9(c) are
$1,000 for any proceedings for which an answer was not due when the respondent notified
disciplinary counsel of the respondent’s intent to voluntarily cancel under section (b). With the
voluntary cancellation, the respondent must pay this $1,000 expense, plus all actual costs for
which disciplinary counsel or the Clerk provides documentation, up to an additional $1,000. If
the respondent demonstrates inability to pay these costs and expenses, instead of paying this
amount, the respondent must execute, in disciplinary counsel’s or the Clerk’s discretion, a
confession of judgment or a deed of trust for that amount. Disciplinary counsel may file a claim
under section (g) for costs not covered by the payment, confession of judgment, or deed of trust.
(2) If at the time respondent serves the notice of intent to voluntarily cancel, an additional
proceeding is pending against the respondent for which an answer has been filed or is due,
disciplinary counsel may also file a claim under section (g) for costs and expenses for that
proceeding.
aim
under section (g) for costs not covered by the payment, confession of judgment, or deed of trust.
(2) If at the time respondent serves the notice of intent to voluntarily cancel, an additional
proceeding is pending against the respondent for which an answer has been filed or is due,
disciplinary counsel may also file a claim under section (g) for costs and expenses for that
proceeding.
(g) Review of Costs, Expenses, and Restitution. Any claims for restitution or for costs
and expenses not resolved by agreement between the Clerk or disciplinary counsel and the
respondent may be submitted at any time, including after the voluntary cancellation, to the
discipline committee in writing for the determination of appropriate restitution or costs and
expenses. The discipline committee’s order is not subject to further review and is the final
assessment of restitution or costs and expenses for the purposes of rule 13.9 and may be enforced
as any other order for restitution or costs and expenses. The record before the discipline
committee and the discipline committee’s order is public information under rule 3.1(b).
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
TITLE 10—HEARING PROCEDURES
ELLLTC 10.1 GENERAL PROCEDURE
(a) Applicability of Civil Rules. The civil rules for the superior courts of the State of
Washington serve as guidance in proceedings under this title and, where indicated, apply
directly. A party may not move for summary judgment, but either party may move at any time
for an order determining the collateral estoppel effect of a judgment in another proceeding.
Motions for judgment on the pleadings and motions to dismiss based on the pleadings are
available only to the extent permitted in rule 10.10.
guidance in proceedings under this title and, where indicated, apply
directly. A party may not move for summary judgment, but either party may move at any time
for an order determining the collateral estoppel effect of a judgment in another proceeding.
Motions for judgment on the pleadings and motions to dismiss based on the pleadings are
available only to the extent permitted in rule 10.10.
(b) Meaning of Terms in Civil Rules. In applying the civil rules to proceedings under
these rules, terms have the following meanings:
(1) "Court" or "judge” means the hearing officer or hearing panel or its chair, as
appropriate; and
(2) "Parties” means the respondent LLLT and disciplinary counsel.
(c) Hearing Officer Authority. In addition to the powers specifically provided in these
rules, the hearing officer may make any ruling that appears necessary and appropriate to ensure a
fair and orderly proceeding.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.2 HEARING OFFICER OR PANEL
(a) Assignment.
(1) Hearing Officer. The chief hearing officer, as defined in ELC 2.5(e), ordinarily assigns
a single hearing officer, from those eligible under rule 2.5, to hear a matter ordered to hearing.
(2) Hearing Panel. On either party’s motion, or when otherwise deemed advisable, the
chief hearing officer may assign a hearing panel. In determining whether to assign a hearing
panel, the chief hearing officer considers whether public interest in the proceeding or other
considerations makes a panel advisable. When a panel is assigned, the chief hearing officer
designates one member as panel chair. The chief hearing officer’s ruling on assigning a hearing
panel is not subject to interim review. The chief hearing officer makes an assignment to fill any
hearing officer or panel member vacancy.
officer considers whether public interest in the proceeding or other
considerations makes a panel advisable. When a panel is assigned, the chief hearing officer
designates one member as panel chair. The chief hearing officer’s ruling on assigning a hearing
panel is not subject to interim review. The chief hearing officer makes an assignment to fill any
hearing officer or panel member vacancy.
(b) Disqualification and Removal.
(1) Removal Without Cause. Either party may have an assigned hearing officer or hearing
panel member removed, without establishing cause for the removal, by filing a written request
with the chief hearing officer within 10 days of service on the moving party of that officer or
panel member’s assignment. A party may request removal only once without cause in any
proceeding.
(2) Disqualification for Cause. Either party may seek to disqualify any assigned hearing
officer or hearing panel member for good cause. A motion under this subsection must be filed
promptly after the party knows, or in the exercise of due diligence should have known, of the
basis for the disqualification.
(3) Removal. The chief hearing officer decides all requests for removal and
disqualification motions, except the Chair decides a request to remove or disqualify the chief
hearing officer. The decision of the chief hearing officer or Chair on a request for removal or a
motion to disqualify is not subject to interim review. Upon removal or disqualification of an
assigned hearing officer or hearing panel member, the chief hearing officer assigns a
replacement.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.3 COMMENCEMENT OF PROCEEDINGS
ficer or Chair on a request for removal or a
motion to disqualify is not subject to interim review. Upon removal or disqualification of an
assigned hearing officer or hearing panel member, the chief hearing officer assigns a
replacement.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.3 COMMENCEMENT OF PROCEEDINGS
(a) Formal Complaint.
(1) Filing. After a matter is ordered to hearing, disciplinary counsel files a formal
complaint with the Clerk.
(2) Service. After the formal complaint is filed, it must be personally served on the
respondent LLLT, with a notice to answer.
(3) Content. The formal complaint must state the respondent LLLT’s acts or omissions in
sufficient detail to inform the respondent of the nature of the allegations of misconduct.
Disciplinary counsel must sign the formal complaint, but it need not be verified.
(4) Prior Discipline. Prior disciplinary action against the respondent may be described in a
separate count of the formal complaint if the respondent is charged with conduct demonstrating
unfitness to practice as an LLLT.
(b) Filing Commences Proceedings. A disciplinary proceeding commences when the
formal complaint is filed.
(c) Joinder. The body ordering a hearing on alleged misconduct or the hearing officer or
panel may in its discretion consolidate for hearing two or more charges against the same
respondent or may join charges against two or more respondents in one formal complaint.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.4 NOTICE TO ANSWER
body ordering a hearing on alleged misconduct or the hearing officer or
panel may in its discretion consolidate for hearing two or more charges against the same
respondent or may join charges against two or more respondents in one formal complaint.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.4 NOTICE TO ANSWER
(a) Content. The notice to answer must be substantially in the following form:
BEFORE THE LIMITED LICENSE LEGAL TECHNICIAN BOARD OF
WASHINGTON STATE
In re
)
NOTICE TO ANSWER;
)
NOTICE OF HEARING OFFICER [OR PANEL];
____________, )
NOTICE OF DEFAULT PROCEDURE
LLLT, )
To: The abovenamed LLLT:
A formal complaint has been filed against you, a copy of which is served on you with this
notice. You are notified that you must file your answer to the complaint within 20 days of
the date of service on you, by filing the original of your answer with the Clerk to the
Limited License Legal Technician Board, care of the Washington State Bar Association,
[insert address], and by serving one copy [on the hearing officer] [on each member of the
hearing panel] if one has been assigned and one copy on disciplinary counsel at the
address[es] given below. Failure to file an answer may result in the imposition of a
disciplinary sanction against you and the entry of an order of default under rule 10.6 of the
Rules for Enforcement of Limited License Legal Technician Conduct.
Notice of default procedure: Your default may be entered for failure to file a written
answer to this formal complaint within 20 days of service as required by rule 10.6 of
the Rules for Enforcement of Limited License Legal Technician Conduct. The entry
of an order of default may result in the charges of misconduct in the formal complaint
being admitted and discipline being imposed or recommended based on the admitted
charges of misconduct. If an order of default is entered, you will lose the opportunity
aint within 20 days of service as required by rule 10.6 of
the Rules for Enforcement of Limited License Legal Technician Conduct. The entry
of an order of default may result in the charges of misconduct in the formal complaint
being admitted and discipline being imposed or recommended based on the admitted
charges of misconduct. If an order of default is entered, you will lose the opportunity
to participate further in these proceedings unless and until the order of default is
vacated on motion timely made under rule 10.6(c) of the Rules for Enforcement of
Limited License Legal Technician Conduct. The entry of an order of default means
that you will receive no further notices regarding these proceedings except those
required by rule 10.6(b)(2).
The [hearing officer] [hearing panel] assigned to this proceeding is: [insert name, address,
and telephone number of hearing officer, or name, address, and telephone number of each
hearing panel member with an indication of the chair of the panel].
Dated this day of , 20 .
WASHINGTON STATE BAR ASSOCIATION
By
Disciplinary Counsel, Bar No.
Address:
Telephone:
(b) Notice When Hearing Officer or Panel Not Assigned. If no hearing officer or panel
has been assigned when a formal complaint is served, disciplinary counsel serves the formal
complaint and a notice to answer as in section (a) but without reference to the hearing officer or
panel.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.5 ANSWER
(a) Time To Answer. Within 20 days of service of the formal complaint and notice to
answer, the respondent LLLT must file and serve an answer. Failure to file an answer as
required may be grounds for discipline and for an order of default under rule 10.6. The filing of
a motion to dismiss for failure to state a claim stays the time for filing an answer during the
pendency of the motion.
ER
(a) Time To Answer. Within 20 days of service of the formal complaint and notice to
answer, the respondent LLLT must file and serve an answer. Failure to file an answer as
required may be grounds for discipline and for an order of default under rule 10.6. The filing of
a motion to dismiss for failure to state a claim stays the time for filing an answer during the
pendency of the motion.
(b) Content. The answer must contain:
(1) a specific denial or admission of each fact or claim asserted in the formal complaint in
accordance with CR 8(b);
(2) a statement of any matter or facts constituting a defense, affirmative defense, or
justification, in ordinary and concise language without repetition; and
(3) an address at which all further pleadings, notices, and other documents in the
proceeding may be served on the respondent.
(c) Filing and Service. The answer must be filed and served under rules 4.1 and 4.2. If a
hearing panel has been assigned to hear a matter, the respondent must serve each member with a
copy of the answer.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.6 DEFAULT PROCEEDINGS
(a) Entry of Default.
(1) Timing. If a respondent LLLT, after being served with a notice to answer as provided
in rule 10.4, fails to file an answer to a formal complaint or to an amendment to a formal
complaint within the time provided by these rules, disciplinary counsel may serve the respondent
with a written motion for an order of default.
t rule.]
ELLLTC 10.6 DEFAULT PROCEEDINGS
(a) Entry of Default.
(1) Timing. If a respondent LLLT, after being served with a notice to answer as provided
in rule 10.4, fails to file an answer to a formal complaint or to an amendment to a formal
complaint within the time provided by these rules, disciplinary counsel may serve the respondent
with a written motion for an order of default.
(2) Motion. Disciplinary counsel must serve the respondent with a written motion for an
order of default and a copy of this rule at least five days before entry of the order of default. The
motion for an order of default must include the following:
(A) the dates of filing and service of the notice to answer, formal complaint, and any
amendments to the complaint; and
(B) disciplinary counsel’s statement that the respondent has not timely filed an answer as
required by rule 10.5 and that disciplinary counsel seeks an order of default under this rule.
(3) Entry of Order of Default. If the respondent fails to file a written answer with the Clerk
within five days of service of the motion for entry of an order of default, the hearing officer, or if
no hearing officer or panel has been assigned, the chief hearing officer, on proof of proper
service of the motion, enters an order finding the respondent in default.
(4) Effect of Order of Default. Upon entry of an order of default, the allegations and
violations in the formal complaint and any amendments to the complaint are deemed admitted
and established for the purpose of imposing discipline and the respondent may not participate
further in the proceedings unless the order of default is vacated under this rule.
der finding the respondent in default.
(4) Effect of Order of Default. Upon entry of an order of default, the allegations and
violations in the formal complaint and any amendments to the complaint are deemed admitted
and established for the purpose of imposing discipline and the respondent may not participate
further in the proceedings unless the order of default is vacated under this rule.
(b) Proceedings After Entry of an Order of Default.
(1) Service. The Clerk serves the order of default and a copy of this rule under rule 4.2(b).
(2) No Further Notices. After entry of an order of default, no further notices must be
served on the respondent except for copies of the decisions of the hearing officer or hearing
panel and the Board.
(3) Disciplinary Proceeding. Within 60 days of the filing of the order of default, the
hearing officer must conduct a disciplinary proceeding to recommend disciplinary action based
on the allegations and violations established under section (a). At the discretion of the hearing
officer or panel, these proceedings may be conducted by formal hearing, written submissions,
telephone hearing, or other electronic means. Disciplinary counsel may present additional
evidence including, but not limited to, requests for admission under rule 10.11(b), and
depositions, affidavits, and declarations regardless of the witness’s availability.
(c) Setting Aside Default.
hearing
officer or panel, these proceedings may be conducted by formal hearing, written submissions,
telephone hearing, or other electronic means. Disciplinary counsel may present additional
evidence including, but not limited to, requests for admission under rule 10.11(b), and
depositions, affidavits, and declarations regardless of the witness’s availability.
(c) Setting Aside Default.
(1) Motion To Vacate Order of Default. A respondent may move to vacate the order of
default and any decision of the hearing officer or panel or Board arising from the default on the
following grounds:
(A) mistake, inadvertence, surprise, excusable neglect, or irregularity in obtaining the
default;
(B) erroneous proceedings against a respondent who was, at the time of the default,
incapable of conducting a defense;
(C) newly discovered evidence that by due diligence could not have been previously
discovered;
(D) fraud, misrepresentation, or other misconduct of an adverse party;
(E) the order of default is void;
(F) unavoidable casualty or misfortune preventing the respondent from defending; or
(G) any other reason justifying relief from the operation of the default.
(2) Time. The motion must be made within a reasonable time and for grounds (A) and (C)
within one year after entry of the default. If the respondent's motion is based on allegations of
incapability of conducting a defense, the motion must be made within one year after the
disability ceases.
(3) Burden of Proof. The respondent bears the burden of proving the grounds for setting
aside the default. If the respondent proves that the default was entered as a result of a disability
that made the respondent incapable of conducting a defense, the default must be set aside.
ns of
incapability of conducting a defense, the motion must be made within one year after the
disability ceases.
(3) Burden of Proof. The respondent bears the burden of proving the grounds for setting
aside the default. If the respondent proves that the default was entered as a result of a disability
that made the respondent incapable of conducting a defense, the default must be set aside.
(4) Service and Contents of Motion. The motion must be filed and served under rules 4.1
and 4.2 and be accompanied by a copy of respondent's proposed answer to each formal
complaint for which an order of default has been entered. The proposed answer must state with
specificity the respondent's asserted defenses and any facts that respondent asserts as mitigation.
The motion to vacate the order of default must be supported by an affidavit showing:
(A) the date on which the respondent first learned of the entry of the order of default;
(B) the grounds for setting aside the order of default; and
(C) an offer of proof of the facts that the respondent expects to establish if the order of
default is vacated.
(5) Response to Motion. Within 10 days of filing and service of the motion to vacate,
disciplinary counsel may file and serve a written response.
(6) Decision. The hearing officer or panel decides a motion to vacate the order of default
on the written record without oral argument. If the proceedings have been concluded, the chief
hearing officer assigns a hearing officer or panel to decide the motion. Pending a ruling on the
motion, the hearing officer or panel may order a stay of proceedings not to exceed 30 days. In
granting a motion to vacate an order of default, the hearing officer or panel has discretion to
order appropriate conditions.
cord without oral argument. If the proceedings have been concluded, the chief
hearing officer assigns a hearing officer or panel to decide the motion. Pending a ruling on the
motion, the hearing officer or panel may order a stay of proceedings not to exceed 30 days. In
granting a motion to vacate an order of default, the hearing officer or panel has discretion to
order appropriate conditions.
(7) Appeal of Denial of Motion. A respondent may appeal to the Chair a denial of a motion
to vacate an order of default by filing and serving a written notice of appeal stating the
arguments against the hearing officer’s or panel's decision. The respondent must file the notice
of appeal within 10 days of service on the respondent of the order denying the motion. The
appeal is decided on the written record without oral argument. Pending a ruling on the appeal,
the Chair may order a stay of proceedings not to exceed 30 days. In granting a motion to vacate
an order of default, the Chair has discretion to order appropriate conditions.
(8) Decision To Vacate Is Not Subject to Interim Review. An order setting aside an order of
default is not subject to interim review.
(d) Order of Default Not Authorized in Certain Proceedings. The default procedure in
this rule does not apply to a proceeding to inquire into an LLLT’s capacity to practice as an
LLLT under Title 8 except as provided in that title.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.7 AMENDMENT OF FORMAL COMPLAINT
(a) Right To Amend. Disciplinary counsel may, without discipline committee
authorization, amend a formal complaint at any time to add facts or charges that relate to matters
in the formal complaint or to the respondent LLLT’s conduct regarding the pending proceedings.
16 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.7 AMENDMENT OF FORMAL COMPLAINT
(a) Right To Amend. Disciplinary counsel may, without discipline committee
authorization, amend a formal complaint at any time to add facts or charges that relate to matters
in the formal complaint or to the respondent LLLT’s conduct regarding the pending proceedings.
(b) Amendment with Authorization. Disciplinary counsel must seek discipline
committee authorization for amendments other than those under section (a). The discipline
committee may authorize the amendment or may require that the additional facts or charges be
the subject of a separate formal complaint. The Chair, with the consent of the respondent, and
after consultation with the hearing officer on the previously filed matter, may consolidate the
hearing on the separate formal complaint with the hearing on the other pending formal complaint
against the respondent.
(c) Service and Answer. Disciplinary counsel serves an amendment to a formal complaint
on the respondent as provided in rule 4.1 but need not serve a notice to answer with the
amendment. Rule 10.5 governs the answer to an amendment except that any part of a previous
answer may be incorporated by reference.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.8 MOTIONS
(a) Filing and Service. Motions to the hearing officer, except motions that may be made
ex parte or motions at hearing, must be in writing and filed and served as required by rules 4.1
and 4.2.
(b) Response. The opposing party has five days from service of a motion to respond,
unless the time is shortened by the hearing officer for good cause. A request to shorten time for
response to a motion may be made ex parte.
tions to the hearing officer, except motions that may be made
ex parte or motions at hearing, must be in writing and filed and served as required by rules 4.1
and 4.2.
(b) Response. The opposing party has five days from service of a motion to respond,
unless the time is shortened by the hearing officer for good cause. A request to shorten time for
response to a motion may be made ex parte.
(c) Consideration of Motion. Upon expiration of the time for response, the hearing
officer should promptly rule on the motion, with or without argument as may appear appropriate.
Argument on a motion may be heard by conference telephone call.
(d) Ruling. A ruling on a written motion must be in writing and filed with the Clerk.
(e) Minor Matters. Alternatively, motions on minor matters may be made by letter to the
hearing officer, with a copy to the opposing party and to the Clerk. The provisions of sections
(b) and (c) apply to these motions. A ruling on such motion may also be by letter to each party
with a copy to the Clerk.
(f) Chief Hearing Officer Authority. Before the assignment of a hearing officer or panel,
the chief hearing officer, as defined in ELC 2.5(e), may rule on any prehearing motion.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.9 INTERIM REVIEW
Unless these rules provide otherwise, the Board may review any interim ruling on request
for review by either party if the Chair determines that review is necessary and appropriate and
will serve the ends of justice.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.10 PREHEARING DISPOSITIVE MOTIONS
(a) Respondent Motion. A respondent LLLT may move for dismissal of all or any portion
of one or more counts of a formal complaint for failure to state a claim upon which relief can be
granted.
e and
will serve the ends of justice.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.10 PREHEARING DISPOSITIVE MOTIONS
(a) Respondent Motion. A respondent LLLT may move for dismissal of all or any portion
of one or more counts of a formal complaint for failure to state a claim upon which relief can be
granted.
(b) Disciplinary Counsel Motion. Disciplinary counsel may move for an order finding
misconduct based on the pleadings. In ruling on this motion, the hearing officer or panel may
find that all or some of the misconduct as alleged in the formal complaint is established but will
determine the sanction after a hearing.
(c) Time for Motion. A motion under this rule must be filed within 30 days of the filing of
the answer to a formal complaint or amended formal complaint. A respondent may, within the
time provided for filing an answer, instead file a motion under this rule. If the motion does not
result in the dismissal of the entire formal complaint, the respondent must file and serve an
answer to the remaining allegations within 10 days of service of the ruling on the motion.
(d) Procedure. Rule 10.8 and CR 12 apply to motions under this rule. No factual
materials outside the answer and complaint may be presented. If the motion results in dismissal
of part but not all of a formal complaint, the Board must hear an interlocutory appeal of the order
by either party. The appeal must be filed within 15 days of service of the order.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.11 DISCOVERY AND PREHEARING PROCEDURES
(a) General. The parties should cooperate in mutual informal exchange of relevant
nonprivileged information to facilitate expeditious, economical, and fair resolution of the case.
e filed within 15 days of service of the order.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.11 DISCOVERY AND PREHEARING PROCEDURES
(a) General. The parties should cooperate in mutual informal exchange of relevant
nonprivileged information to facilitate expeditious, economical, and fair resolution of the case.
(b) Requests for Admission. After a formal complaint is filed, the parties may request
admissions under CR 36. Under appropriate circumstances, the hearing officer may apply the
sanctions in CR 37(c) for improper denial of requests for admission.
(c) Other Discovery. After a formal complaint is filed, the parties have the right to other
discovery under the Superior Court Civil Rules, including under CR 27-31 and 33-35, only on
motion and under terms and limitations the hearing officer deems just or on the parties’
stipulation.
(d) Limitations on Discovery. The hearing officer may exercise discretion in imposing
terms or limitations on the exercise of discovery to assure an expeditious, economical, and fair
proceeding, considering all relevant factors, including necessity and unavailability by other
means, the nature and complexity of the case, seriousness of charges, the formal and informal
discovery that has already occurred, the burdens on the party from whom discovery is sought,
and the possibility of unfair surprise.
(e) Deposition Procedure.
(1) Subpoenas for depositions may be issued under CR 45. Subpoenas may be enforced
under rule 4.6.
(2) For a deposition outside Washington State, a commission need not issue, but a copy of
the order of the chief hearing officer or hearing officer, certified by the officer, is sufficient to
authorize the deposition.
(f) CR 16 Orders. The hearing officer may enter orders under CR 16.
e.
(1) Subpoenas for depositions may be issued under CR 45. Subpoenas may be enforced
under rule 4.6.
(2) For a deposition outside Washington State, a commission need not issue, but a copy of
the order of the chief hearing officer or hearing officer, certified by the officer, is sufficient to
authorize the deposition.
(f) CR 16 Orders. The hearing officer may enter orders under CR 16.
(g) Duty To Cooperate. A respondent LLLT who has been served with a formal
complaint must respond to discovery requests and comply with all lawful orders made by the
hearing officer. The hearing officer or panel may draw adverse inferences as appear warranted
by the failure of either the Board or the respondent to respond to discovery.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.12 SCHEDULING HEARING
(a) Where Held. All disciplinary hearings must be held in Washington State, unless the
respondent LLLT is not a resident of the state or cannot be found in the state.
(b) Scheduling of Hearing. If possible, the parties should arrange a date, time, and place
for the hearing by agreement among themselves and the hearing officer or panel members.
Alternatively, at any time after the respondent has filed an answer to the formal complaint, or
after the time to file the answer has expired, either party may move for an order setting a date,
time, and place for the hearing. Rule 10.8 applies to this motion. The motion must state:
•
the requested date or dates for the hearing;
•
other dates that are available to the requesting party;
•
the expected duration of the hearing;
•
discovery and anything else that must be completed before the hearing; and
•
the requested time and place for the hearing.
A response to the motion must contain the same information.
pplies to this motion. The motion must state:
•
the requested date or dates for the hearing;
•
other dates that are available to the requesting party;
•
the expected duration of the hearing;
•
discovery and anything else that must be completed before the hearing; and
•
the requested time and place for the hearing.
A response to the motion must contain the same information.
(c) Scheduling Order. The hearing officer must enter an order setting the date and place
of the hearing. This order may include any prehearing deadlines the hearing officer deems
required by the complexity of the case and may be in the following form with the following
timelines:
IT IS ORDERED that the hearing is set and the parties must comply with prehearing
deadlines as follows:
1. Witnesses. A list of intended witnesses, including addresses and phone numbers, must
be filed and served by [Hearing Date (H)-8 weeks].
2. Discovery. Discovery cutoff is [H-6 weeks].
3. Motions. Prehearing motions, other than motions to bifurcate, must be served by
[H-4 weeks]. An exhibit not ordered or stipulated admitted may not be attached to a
motion or otherwise transmitted to the hearing officer unless the motion concerns the
exhibit’s admissibility. The hearing officer will advise counsel whether oral argument is
necessary, and, if so, the date and time, and whether it will be heard by telephone.
(Rule 10.15 provides the deadline for a motion to bifurcate.)
4. Exhibits. A list of proposed exhibits must be filed and served by [H-3 weeks].
5. Service of Exhibits/Summary. Copies of proposed exhibits and a summary of the
expected testimony of each witness must be served on the opposing counsel by [H-2
weeks].
6. Objections. Objections to proposed exhibits, including grounds, must be exchanged by
[H-1 week].
7. Briefs. Any hearing brief must be served and filed by [H-1 week]
exhibits must be filed and served by [H-3 weeks].
5. Service of Exhibits/Summary. Copies of proposed exhibits and a summary of the
expected testimony of each witness must be served on the opposing counsel by [H-2
weeks].
6. Objections. Objections to proposed exhibits, including grounds, must be exchanged by
[H-1 week].
7. Briefs. Any hearing brief must be served and filed by [H-1 week]. Exhibits not ordered
or stipulated admitted may not be attached to a hearing brief or otherwise transmitted to
the hearing officer before the hearing.
8. Hearing. The hearing is set for [H] and each day thereafter until recessed by the hearing
officer, at [location].
(d) Motion for Hearing Within 120 Days. A respondent’s motion under section (b) for a
hearing within 120 days must be granted, unless disciplinary counsel shows good cause for
setting the hearing at a later date.
(e) Notice. Service of a copy of an order or ruling of the hearing officer setting a date,
time, and place for the hearing constitutes notice of the hearing. The respondent must be given
at least 10 days’ notice of the hearing absent consent.
(f) Continuance. Either party may move for a continuance of the hearing date. The
hearing officer has discretion to grant the motion for good cause shown.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.13 DISCIPLINARY HEARING
(a) Representation. The Board is represented at the hearing by disciplinary counsel. The
respondent LLLT may be represented by counsel.
inuance of the hearing date. The
hearing officer has discretion to grant the motion for good cause shown.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.13 DISCIPLINARY HEARING
(a) Representation. The Board is represented at the hearing by disciplinary counsel. The
respondent LLLT may be represented by counsel.
(b) Respondent Must Attend. A respondent given notice of a hearing must attend the
hearing. Failure to attend the hearing, without good cause, may be grounds for discipline. If,
after proper notice, the respondent fails to attend the hearing, the hearing officer or panel:
(1) may draw an adverse inference from the respondent's failure to attend as to any
questions that might have been asked the respondent at the hearing; and
(2) must admit testimony by deposition regardless of the deponent’s availability. An
affidavit or declaration is also admissible, if:
(A) the facts stated are within the witness’s personal knowledge;
(B) the facts are set forth with particularity; and
(C) it shows affirmatively that the witness could testify competently to the stated facts.
(c) Respondent Must Bring Requested Materials. Disciplinary counsel may request in
writing, served on the respondent at least three days before the hearing, that the respondent bring
to the hearing any documents, files, records, or other written materials or things. The respondent
must comply with this request and failure to bring requested materials, without good cause, may
be grounds for discipline.
(d) Witnesses. Except as provided in subsection (b)(2) and rule 10.6, witnesses must
testify under oath. Testimony may also be submitted by deposition as permitted by CR 32.
Testimony must be recorded by a court reporter or, if allowed by the hearing officer, by tape
recording. The parties have the right to cross-examine witnesses who testify and to submit
rebuttal evidence.
or discipline.
(d) Witnesses. Except as provided in subsection (b)(2) and rule 10.6, witnesses must
testify under oath. Testimony may also be submitted by deposition as permitted by CR 32.
Testimony must be recorded by a court reporter or, if allowed by the hearing officer, by tape
recording. The parties have the right to cross-examine witnesses who testify and to submit
rebuttal evidence.
(e) Subpoenas. The parties may subpoena witnesses, documents, or things under the terms
of CR 45. A witness must promptly comply with all subpoenas issued under this rule and with
all lawful orders made by the hearing officer under this rule. Subpoenas may be enforced under
rule 4.6. The hearing officer or panel may additionally draw adverse inferences as appear
warranted by the respondent’s failure to respond.
(f) Prior Disciplinary Record. The respondent’s record of prior disciplinary action, or the
fact that the respondent has no prior disciplinary action, must be made a part of the hearing
record before the hearing officer or panel files a decision.
[Adopted effective January 7, 2016 as an interim rule; Adopted effective October 28, 2025 as a
permanent rule.]
ELLLTC 10.14 EVIDENCE AND BURDEN OF PROOF
(a) Proceedings Not Civil or Criminal. Hearing officers should be guided in their
evidentiary and procedural rulings by the principle that disciplinary proceedings are neither civil
nor criminal but are sui generis hearings to determine if an LLLT’s conduct should have an
impact on their license to practice as an LLLT.
(b) Burden of Proof. Disciplinary counsel has the burden of establishing an act of
misconduct by a clear preponderance of the evidence.
e guided in their
evidentiary and procedural rulings by the principle that disciplinary proceedings are neither civil
nor criminal but are sui generis hearings to determine if an LLLT’s conduct should have an
impact on their license to practice as an LLLT.
(b) Burden of Proof. Disciplinary counsel has the burden of establishing an act of
misconduct by a clear preponderance of the evidence.
(c) Proceeding Based on Criminal Conviction. If a formal complaint charges a
respondent LLLT with an act of misconduct for which the respondent has been convicted in a
criminal proceeding, the court record of the conviction is conclusive evidence at the disciplinary
hearing of the respondent’s guilt of the crime and violation of the statute on which the conviction
was based.
(d) Rules of Evidence. Consistent with section (a) of this rule, the following rules of
evidence apply during disciplinary hearings:
(1) evidence, including hearsay evidence, is admissible if in the hearing officer’s judgment
it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the
conduct of their affairs. The hearing officer may exclude evidence that is irrelevant, immaterial,
or unduly repetitious;
(2) if not inconsistent with subsection (1), the hearing officer shall refer to the Washington
Rules of Evidence as guidelines for evidentiary rulings;
(3) documents may be admitted in the form of copies or
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