(a) Fulfilling the contract. The contract terminates when the Respondent fulfills the contract terms and gives the OPC an unsworn declaration demonstrating fulfillment. Upon receiving the unsworn declaration, the OPC must acknowledge receipt and dismiss any Complaint(s) deferred pending successful completion of the contract or notify the Respondent that fulfillment of the contract is terminated based on an OPC claim of material breach. Determinations under this rule are not subject to further review and are not reviewable in any proceeding. Successfully completing the contract is a bar to any further disciplinary proceedings based on the same allegations and successfully completing diversion may not constitute a form of discipline.
(b) Material breach. Materially breaching the contract is cause for terminating the contract. After a material breach, the OPC must notify the Respondent of the alleged breach and intent to terminate the diversion. Thereafter, disciplinary proceedings may be instituted, resumed, or reinstated.
Effective December 15, 2020