Rule 14-912. Processing claims.
(a) Whenever it appears that a claim is not eligible for reimbursementpursuant to these rules, the claimant shall be advised of the reasons why theclaim may not be eligible for reimbursement, and that unless additional factsto support eligibility are submitted to the Committee, the claim file shall beclosed. The chairperson of the Fund may appoint any member of the Committeeand/or his/herself to determine the eligibility of claims.
(b) A certified copy of an order disciplining a lawyer for the samedishonest act or conduct alleged in the claim, or a final judgment imposingcivil or criminal liability therefor, shall beevidence that a lawyer committed such dishonest act or conduct.
(c) The Bar's Office of Professional Conduct Senior Counsel shall bepromptly notified of each and every claim.
(d) The lawyer alleged to have engaged in dishonest conduct shall beprovided a copy of the claim and given an opportunity to respond in writingwithin 20 days of the receipt thereof to the Committee.
(e) The Committee may request that testimony be presented. The lawyeror lawyer's representative shall be given an opportunity to be heard if they sorequest within 20 days of receiving a notice from the Committee that theCommittee will process the claim.
(f) The Committee may make a finding of dishonest conduct for purposesof adjudicating a claim. Such a determination is not a finding of dishonestconduct for the purposes of professional discipline and further, representsonly a recommendation to the Board. A claim may only be considered if theindividual lawyer involved has been disciplined to a threshold level of apublic reprimand or is no longer in practice.
(g) The claim shall be determined on the basis of all availableevidence, and notice shall be given to the claimant and the lawyer of the finaldecision by the Board after a recommendation has been made by the Committee.The recommendation for approval or denial of a claim shall require theaffirmative votes of at least a majority of the Committee members and a quorumof the voting members of the Board.
(h) Any proceeding upon a claim shall not be conducted according totechnical rules relating to evidence, procedure and witnesses. Any relevantevidence shall be admitted if it is the sort of evidence on which responsiblepersons are accustomed to rely on in the conduct of serious affairs, regardlessof the existence of any common law or statutory rule which might make improperthe admission of such evidence over objection in court proceedings. Theclaimant shall have the duty to supply relevant evidence to support the claim.
(i) The Board shall determine the order andmanner of payment and pay those claims it deems meritorious, but unless theBoard directs otherwise, no claim should be approved during the pendency of adisciplinary proceeding involving the same act or conduct as alleged in theclaim; specifically, no determination and/or hearing shall take place untilsuch time that all disciplinary proceedings have, in fact, been completed.
(j) Both the claimant and the lawyer shall be advised of the status ofthe Board's consideration of the claim and after having received therecommendation of the Committee, also shall be informed of the finaldetermination.
(k) The claimant may request reconsideration within 30 days of thedenial or determination of the amount of the claim.