Rule 14-415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals.
(a) Exceptions. Rule 14-415 does not apply to a lawyer who is required under Rule 14-808 to complete NLTP requirements in a timely manner and fails to do so.
(b) Failure to comply; petition for suspension. A lawyer who fails to comply with reporting provisions of Rule 14-414 shall be assessed a late fee . A lawyer who fails to comply with Rule 14-414 or who files a certificate of compliance showing that he or she has failed to complete the required number of hours of MCLE shall be notified that unless all requirements are completed and reported within 30 days, a petition for the lawyer's suspension from the practice of law will be submitted to the Supreme Court.
(b)(1) The lawyer shall be given the opportunity during the 30-day period to file an affidavit with the Board, disclosing facts demonstrating that the lawyer's noncompliance was not willful and tendering such documents, which, if accepted, would cure the delinquency. A hearing before the Board shall be granted if requested.
(b)(2) If, after a hearing, or a failure to cure the delinquency by satisfactory affidavit and compliance, the lawyer is suspended by the Supreme Court, the lawyer shall be notified by certified mail, return receipt requested.
(c) Reinstatement. A lawyer suspended by the Supreme Court under the provisions of this rule may be reinstated by the Court upon motion of the Board showing that the lawyer has cured the delinquency for which the lawyer has been suspended. If a lawyer has been suspended by the Supreme Court for non-compliance with this article, the lawyer must then comply with all applicable rules to be eligible to return to active or inactive status.
(d) Waivers and extensions of time. For good cause shown, the Board may, in its discretion in cases involving hardship or extenuating circumstances, grant waivers of the minimum MCLE requirements or extensions of time within which to fulfill the requirements.
(e) Deferrals. The Board may in its discretion defer MCLE requirements in the event of the lawyer's serious illness.
(f) Petition to appeal. Any lawyer who is aggrieved by any decision of the Board under this rule may, within 30 days from the date of the notice of decision, appeal to the Board by filing a petition setting forth the decision and the relief sought along with the factual and legal basis. Unless a petition is filed, the Board's decision shall be final.
(f)(1) The Board may approve a petition without hearing, or may set a date for hearing. If the Board determines to hold a hearing, the lawyer shall be given at least 10 days notice of the time and place set for the hearing. Testimony taken at the hearing shall be under oath. The Board shall enter written findings of fact, conclusions of law and the decision on each petition. A copy shall be sent by certified mail, return receipt requested, to the lawyer.
(f)(2) The Board may grant the petitioner an extension of time within which to comply with this rule as the Board considers appropriate.
(f)(3) Decisions of the Board, other than a denial of a request for a waiver or a recommendation of suspension of lawyer's license to practice, are final and are not subject to further contest.
(g) Appeal to Supreme Court. A decision denying a request for waiver or a decision to suspend the lawyer is final under paragraph (e)(3) unless within 30 days after service of the findings of fact, conclusions of law and decision, the lawyer files a written notice of appeal with the Supreme Court.
(g)(1) Transcripts. To perfect an appeal to the Supreme Court, if testimony was taken before the Board, the lawyer shall, at the lawyer's expense, obtain a transcript of the proceedings from the Board. The Board shall certify that the transcript contains a fair and accurate report of the proceedings. The Board shall prepare and certify a transcript of all orders and other documents pertinent to the proceeding before it, and file these promptly with the clerk of the Supreme Court. The matter shall be heard by the Supreme Court under this article and other applicable rules.
(g)(2) The time set forth in this article for filing notices of appeal are jurisdictional. The Board or the Supreme Court, as to appeals pending before each such body may, for good cause shown either extend the time for the filing or certification of any material or dismiss the appeal for failure to prosecute.