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 .1500 - RULES GOVERNING THE ADMINISTRATION OF THE CONTINUING LEGAL EDUCATION PROGRAM › Section 01D .1523 - NONCOMPLIANCE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Failure to Comply with Rules May Result
				  in Suspension. A member who is required to file a report of CLE credits and
				  does not do so or who fails to meet the minimum requirements of these rules,
				  including the payment of duly assessed penalties and attendee fees, may be
				  suspended from the practice of law in the state of North Carolina.
(b) Notice of Failure to Comply. The board
				  shall notify a member who appears to have failed to meet the requirements of
				  these rules that the member will be suspended from the practice of law in this
				  state, unless the member shows good cause in writing why the suspension should
				  not be made or the member shows in writing that he or she has complied with the
				  requirements within the 30-day period after service of the notice. Notice shall
				  be served on the member by mailing a copy thereof by registered or certified
				  mail or designated delivery service (such as Federal Express or UPS), return
				  receipt requested, to the last known address of the member according to the
				  records of the North Carolina State Bar or such later address as may be known
				  to the person attempting service. Service of the notice may also be
				  accomplished by (i) personal service by a State Bar investigator or by any
				  person authorized by Rule 4 of the North Carolina Rules of Civil Procedure to
				  serve process, or (ii) email sent to the email address of the member contained
				  in the records of the North Carolina State Bar if the member sends an email
				  from that same email address to the State bar acknowledging such
				  service.
(c) Entry of Order of
				  Suspension Upon Failure to Respond to Notice to Show Cause. If a written
				  response attempting to show good cause is not postmarked or received by the
				  board by the last day of the 30-day period after the member was served with the
				  notice to show cause upon the recommendation of the board and the
				  Administrative Committee, the council may enter an order suspending the member
				  from the practice of law. The order shall be entered and served as set forth in
				  Rule .0903(d) of this Subchapter.
(d) Procedure Upon Submission of a Timely
				  Response to a Notice to Show Cause
(1)
				  Consideration by the Board. If the member files a timely written response to
				  the notice, the board shall consider the matter at its next regularly scheduled
				  meeting or may delegate consideration of the matter to a duly appointed
				  committee of the board. If the matter is delegated to a committee of the board
				  and the committee determines that good cause has not been shown, the member may
				  file an appeal to the board. The appeal must be filed within 30 calendar days
				  of the date of the letter notifying the member of the decision of the
				  committee. The board shall review all evidence presented by the member to
				  determine whether good cause has been shown or to determine whether the member
				  has complied with the requirements of these rules within the 30-day period
				  after service of the notice to show cause.
(2) Recommendation of the Board. The board
				  shall determine whether the member has shown good cause why the member should
				  not be suspended. If the board determines that good cause has not been shown or
				  that the member has not shown compliance with these rules within the 30-day
				  period after service of the notice to show cause, then the board shall refer
				  the matter to the Administrative Committee that the member be
				  suspended.
(3) Consideration by and
				  Recommendation of the Administrative Committee. The Administrative Committee
				  shall consider the matter at its next regularly scheduled meeting. The burden
				  of proof shall be upon the member to show cause by clear, cogent, and
				  convincing evidence why the member should not be suspended from the practice of
				  law for the apparent failure to comply with the rules governing the continuing
				  legal education program. Except as set forth above, the procedure for such
				  hearing shall be as set forth in Rule .0903(d)(1) and (2) of this
				  Subchapter.
(4) Order of
				  Suspension. Upon the recommendation of the Administrative Committee, the
				  council may determine that the member has not complied with these rules and may
				  enter an order suspending the member from the practice of law. The order shall
				  be entered and served as set forth in Rule .0903(d)(3) of this
				  Subchapter.