North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .2700 - CERTIFICATION STANDARDS FOR THE WORKERS' COMPENSATION SPECIALTY › Section 01D .2706 - STANDARDS FOR CONTINUED CERTIFICATION AS A SPECIALIST

Current through Register Vol. 39, No. 2, July 15, 2024
The period of certification is five years. Prior to the
					 expiration of the certification period, a certified specialist who desires
					 continued certification must apply for continued certification within the time
					 limit described in Rule .2706(d) below. No examination will be required for
					 continued certification. However, each applicant for continued certification as
					 a specialist shall comply with the specific requirements set forth below in
					 addition to any general standards required by the board of all applicants for
					 continued certification.
(a)
				  Substantial Involvement - The specialist must demonstrate that, for each of the
				  five years preceding application, he or she has had substantial involvement in
				  the specialty as defined in Rule .2705(b) of this subchapter, provided,
				  however, that a specialist who served on the Industrial Commission as a full
				  time commissioner or deputy commissioner during the five years preceding
				  application may substitute each year of service on the Industrial Commission
				  for one year of practice.
(b)
				  Continuing Legal Education - The specialist must earn no less than 60 hours of
				  accredited continuing legal education (CLE) credits in workers' compensation
				  law and related fields during the five years preceding application. Of the 60
				  hours of CLE, at least 30 hours shall be in workers' compensation law, and the
				  balance may be in the following related fields: civil trial practice and
				  procedure; evidence; insurance; mediation; medical injuries, medicine, or
				  anatomy; labor and employment law; Social Security disability law; and the law
				  relating to long-term disability or Medicaid/Medicare claims. The specialist
				  must earn not less than six credits in courses on workers' compensation law
				  each year and the balance of credits may be earned in courses on workers'
				  compensation law or any of the related fields previously listed.
(c) Peer Review - The applicant must provide,
				  as references, the names of at least six lawyers, commissioners or deputy
				  commissioners of the North Carolina Industrial Commission, or judges, all of
				  whom are licensed and currently in good standing to practice law in this state
				  and familiar with the competence and qualification of the applicant as a
				  specialist. For an application to be considered, completed peer reference forms
				  must be received from at least three of the references. All other requirements
				  relative to peer review set forth in Rule .2705(d) of this subchapter apply to
				  this standard.
(d) Time for
				  Application - Application for continued certification shall be made not more
				  than 180 days nor less than ninety days prior to the expiration of the prior
				  period of certification.
(e) Lapse
				  of Certification - Failure of a specialist to apply for continued certification
				  in a timely fashion will result in a lapse of certification. Following such
				  lapse, recertification will require compliance with all requirements of Rule
				  .2705 of this subchapter, including the examination.
(f) Suspension or Revocation of Certification
				  - If an applicant's certification has been suspended or revoked during the
				  period of certification, then the application shall be treated as if it were
				  for initial certification under Rule .2705 of this subchapter.
Statutory Authority
					 G.S.
					 84-23;
Adopted by the Supreme
					 Court May 4, 2000;
Amendments Approved by the Supreme Court: March
					 10, 2011; March 5, 2015; September 22, 2016; March 27,
					 2019.