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 .0900 - PROCEDURES FOR THE ADMINISTRATIVE COMMITTEE › Section 01D .0902 - REINSTATEMENT FROM INACTIVE STATUS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Eligibility to Apply for Reinstatement
Any member who has been transferred to inactive status may
					 petition the council for an order reinstating the member as an active member of
					 the North Carolina State Bar.
(b) Definition of "Year"
As used in this rule, a year is a 365 day period of time
					 unless a calendar year is specified.
(c) Requirements for Reinstatement
(1) Completion of Petition.
The member must provide the information requested on a
					 petition form prescribed by the council and must sign the petition under
					 oath.
(2) CLE Requirements
				  Before Inactive.
Unless the member was exempt from such requirements
					 pursuant to Rule .1517 of this subchapter or is subject to the requirements in
					 paragraph (c)(5) of this rule, the member must satisfy the minimum continuing
					 legal education requirements, as set forth in Rule .1518 of this subchapter,
					 for the calendar year in which the member was transferred to inactive status
					 (the "subject year") if such transfer occurred on or after July 1 of the
					 subject year, including any deficit from a prior calendar year that was carried
					 forward and recorded in the member's CLE record for the subject year.
(3) Character and Fitness to
				  Practice.
The member must have the moral qualifications, competency
					 and learning in the law required for admission to practice law in the state of
					 North Carolina, and must show that the member's resumption of the practice of
					 law within this state will be neither detrimental to the integrity and standing
					 of the Bar or the administration of justice nor subversive of the public
					 interest.
(4) Additional
				  CLE Requirements.
If more than one year has elapsed between the date of the
					 entry of the order transferring the member to inactive status and the date that
					 the petition is filed, the member must complete 12 hours of approved CLE for
					 each year that the member was inactive up to a maximum of seven years. The CLE
					 hours must be completed within two years prior to filing the petition. For each
					 12-hour increment, 2 hours must be earned by attending courses in the areas of
					 professional responsibility and/or professionalism. If during the period of
					 inactivity the member complied with mandatory CLE requirements of another state
					 where the member is licensed, those CLE credit hours may be applied to the
					 requirements under this provision without regard to whether they were taken
					 during the two years prior to filing the petition.
(5) Bar Exam and MPRE Requirement If Inactive
				  Seven or More Years.
(A) If seven years or
				  more have elapsed between the date of the entry of the order transferring the
				  member to inactive status and the date that the petition is filed, the member
				  must satisfy the following requirements in lieu of the CLE requirements in
				  paragraphs (c)(2) and (c)(4):
(1) attainment
				  of a passing score, within nine months following an order conditionally
				  granting the petition, on a regularly-scheduled Uniform Bar Examination
				  prepared by the National Conference of Bar Examiners;
(2) successful completion, within nine months
				  following an order conditionally granting the petition, of the State-Specific
				  Component prescribed by the North Carolina Board of Law Examiners;
				  and
(3) attainment of a passing
				  score, within nine months following an order conditionally granting the
				  petition, on a regularly-scheduled Multistate Professional Responsibility
				  Examination administered by the National Conference of Bar Examiners.
(B) A member may offset the
				  inactive status period for the purpose of calculating the seven years necessary
				  to actuate the requirements of paragraph (A) as follows:
(1) Active Licensure in Another State. Each
				  year of active licensure in another state during the period of inactive status
				  shall offset one year of inactive status for the purpose of calculating the
				  seven years necessary to actuate the requirements of paragraph (A). If the
				  member is not required to satisfy the requirements of paragraph (A) as a
				  consequence of offsetting, the member shall satisfy the CLE requirements set
				  forth in paragraph (c)(4) for each year that the member was inactive up to a
				  maximum of seven years.
(2)
				  Military Service. Each calendar year in which an inactive member served on
				  full-time, active military duty, whether for the entire calendar year or some
				  portion thereof, shall offset one year of inactive status for the purpose of
				  calculating the seven years necessary to actuate the requirements of paragraph
				  (A). If the member is not required to satisfy the requirements of paragraph (A)
				  as a consequence of offsetting, the member shall satisfy the CLE requirements
				  set forth in paragraph (c)(4) for each year that the member was inactive up to
				  a maximum of seven years.
(6) Payment of Fees, Assessments and Costs.
The member must pay all of the following:
(A) a reinstatement fee in an amount to be
				  determined by the council;
(B) the
				  membership fee and the Client Security Fund assessment for the year in which
				  the application is filed;
(C) the
				  annual membership fee, if any, of the member's district bar for the year in
				  which the application is filed and any past due annual membership fees for any
				  district bar with which the member was affiliated prior to transferring to
				  inactive status;
(D) all attendee
				  fees owed the Board of Continuing Legal Education for CLE courses taken to
				  satisfy the requirements of paragraphs (c)(2), (4), and (5);
(E) any costs previously assessed against the
				  member by the chairperson of the Grievance Committee, the Disciplinary Hearing
				  Commission, and/or the secretary or council of the North Carolina State Bar;
				  and
(F) all costs incurred by the
				  North Carolina State Bar in investigating and processing the application for
				  reinstatement.