Pennsylvania Code › Title 204 - JUDICIAL SYSTEM GENERAL PROVISIONS › Part V - PROFESSIONAL ETHICS AND CONDUCT › Subpart A - PROFESSIONAL RESPONSIBILITY › Chapter 82 - CONTINUING LEGAL EDUCATION › Subchapter B - CONTINUING LEGAL EDUCATION BOARD REGULATIONS › Section 8 - Compliance Procedures Applicable to Active Lawyers

Current through Register Vol. 54, No. 28, July 13, 2024
(a) If a lawyer fails to comply with any
					 requirement under the rules or these regulations, the Board will send the
					 lawyer a notice of noncompliance.
(b) Such notice shall specify the nature of
					 the lawyer's noncompliance. Within thirty (30) days of the date of the notice,
					 the lawyer shall either file evidence of compliance or request a hearing. The
					 lawyer must within sixty (60) days from the date of the notice comply with the
					 requirements of the rules and these regulations. In addition, the lawyer shall
					 pay a late fee as required by the Board.
(c) If the lawyer fails to comply with the
					 requirements of paragraph (b), the Board shall file a report of the lawyer's
					 noncompliance with the Supreme Court, recommending that the lawyer be placed on
					 inactive status.
(d) If the lawyer
					 is able to provide sufficient evidence to establish compliance, the Board may,
					 nevertheless, assess the lawyer a late fee.
(e) Credit hours earned shall be first
					 applied to satisfy the requirements of the compliance period which was the
					 subject of the notice to the lawyer before any excess credits earned during the
					 notice period may be applied to subsequent requirements.
(f) If, in response to the notice of
					 noncompliance, the lawyer timely files a request for a hearing, the Board shall
					 schedule a hearing. The hearing may be conducted by one (1) or more members of
					 the Board or a hearing officer, who should be a lawyer appointed by the Chair
					 of the Board. If the hearing is conducted by more than one (1) person, the
					 Chair of the Board shall designate the person who will act as the presiding
					 hearing officer. The hearing shall be held at least ten (10) days after written
					 notice to the lawyer. Within thirty (30) days after the hearing, the hearing
					 person or body shall submit to the Board findings of fact, conclusions of law
					 and a recommendation which may be approved, modified or rejected by the Board,
					 and no recommendation shall become the finding or determination of the Board
					 until ordered by the Board. Regardless of who conducts the hearing, the
					 findings and determination of the Board shall have the same effect as if the
					 hearing had been conducted by the Board.
(g) The Board may engage special independent
					 counsel to investigate and prosecute to conclusion charges of noncompliance by
					 a lawyer. Fees and expenses of the special independent counsel shall be paid in
					 the first instance by the Board but in cases of a finding of noncompliance, all
					 or a portion of these fees may, at the discretion of the Board, be assessed to
					 the noncomplying lawyer.
(h) If the
					 Board finds that the lawyer was in compliance with the requirements of the
					 rules and these regulations, the lawyer shall be notified and a late filing fee
					 may be assessed at the discretion of the Board.
(i) If the Board finds that the lawyer was
					 not in compliance with the requirements of the rules or these regulations, the
					 Board shall carry out the provisions of paragraph (c) if the requirements of
					 paragraph (b) are not complied with. The Board may assess the costs of the
					 hearing, including the compensation of the hearing officer, room rental,
					 depositions and other hearing expenses upon the lawyer.
(j) If the Board finds that the lawyer had
					 reasonable cause for noncompliance, the lawyer shall have sixty (60) days from
					 the date of notice of the Board's decision to correct the noncompliance. The
					 Board may waive the late filing fee if it so determines. If compliance is not
					 achieved within the sixty (60) day period, the Board shall proceed as provided
					 in paragraph (c).
(k) All hearings
					 shall be public. Witnesses shall be sworn and a complete electronic record or a
					 transcript may be made. The presiding hearing officer shall have authority to
					 rule on all motions, objections and other matters presented.
(l) In investigations and proceedings under
					 the rules and these regulations, the Board shall have power to issue subpoenas
					 and cause testimony to be taken under oath before the Board, Board member(s),
					 or hearing examiner appointed by the Board. All subpoenas shall be issued in
					 the name and under the seal of the Supreme Court and served as provided by the
					 Rules of Civil Procedure. Fees and costs of the subpoenas shall be paid from
					 the funds of the Board or taxed as costs, as determined by the Board.
(m) The Board may order the testimony of a
					 witness to be taken by deposition within or without this Commonwealth in the
					 manner prescribed for the taking of depositions in civil actions and the
					 depositions may be used to the same extent as permitted in civil
					 actions.
(n) The hearing shall
					 result in findings of fact, conclusions of law and recommendations for action
					 with respect to:
(1) The lawyer's compliance
					 or noncompliance with the requirements of the rules and these regulations,
					 and
(2) a determination of the
					 existence of reasonable cause in the event of a finding of noncompliance. A
					 copy of the same shall be sent to the lawyer.