Rule 14-415. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals.
(a) Failure to comply; petition for suspension. A lawyer who fails to comply with reporting provisions of Rule 14-414 will 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 will be notified that a petition for the lawyer's suspension from the practice of law will be submitted to the Supreme Court unless all requirements are completed and reported within 30 days.
(a)(1) The lawyer will have 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 to tender such documents that, if accepted, would cure the delinquency. A hearing before the Board will be granted if requested.
(a)(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 will be notified by certified mail, return receipt requested.
(b) 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.
(c) Waivers and extensions of time. For good cause shown, the Board may use its discretion in cases involving hardship or extenuating circumstances to grant waivers of the minimum MCLE requirements or extensions of time within which to fulfill the requirements. Active Utah lawyers will not be granted a waiver of the CLE requirements in Utah if they are living outside of Utah and practicing law in other jurisdictions. These Active Utah lawyers must comply with the Utah CLE requirements or change from active to inactive status.
(d) Deferrals. The Board may defer MCLE requirements in the event of the lawyer's serious illness.
(e) 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 is final.
(e)(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 will have at least 10 days notice of the time and place set for the hearing. Testimony taken at the hearing will be under oath. The Board shall enter written findings of fact, conclusions of law and the decision on each petition. A copy will be sent by certified mail, return receipt requested, to the lawyer.
(e)(2) The Board may grant the petitioner an extension of time within which to comply with this rule.
(e)(3) Decisions of the Board are final and are not subject to further contest, unless the decision was a denial of a request for a waiver or a recommendation of suspension of lawyer's license to practice.
(f) 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.
(f)(1) Transcripts. To perfect an appeal to the Supreme Court, the lawyer must, at the lawyer's expense, obtain a transcript of the proceedings from the Board. If testimony was taken before the Board, the Board will certify that the transcript contains a fair and accurate report of the proceedings. The Board will 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 will be heard by the Supreme Court under this article and other applicable rules.
(f)(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.
Effective May 1, 2016.