Rule 11-532. Exceptions to screening paneldeterminations and recommendations.
(a) Time to file. Within28 days of the date of service of the screening panel?s determination orrecommendation:
(1) the OPC may file an exception to the determination orrecommendation and may request a hearing, and Respondent will have 28 days torespond, and
(2) the Respondent may file an exception to the determination orrecommendation and may request a hearing, and the OPC will have 28 days torespond.
(b) Reply. TheCommittee chair may allow a reply to any response.
(c) Actions. Noexception may be filed to a screening panel determination that an Action willbe filed against a Respondent.
(d) Requirements. Allexceptions must include a memorandum, not exceeding 20 pages, stating thegrounds for review, the relief requested, and the bases in law or in fact forthe exceptions. All exceptions, responses, and replies must be filed with theCommittee clerk.
(e) Procedure onexceptions.
(1) Hearing not requested. If no hearing isrequested, the Committee chair will review the record compiled before thescreening panel.
(2) Hearing requested. If a request for ahearing is made, the Committee chair or a screening panel chair designated bythe Committee chair will serve as the Exceptions Officer and hear the matter inan expeditious manner, with OPC Counsel and the Respondent having theopportunity to be present and give an oral presentation. The Complainant neednot appear personally.
(3) Transcript Request. Upon request, theCommittee chair must extend the deadlines for filing exceptions or responses nomore than 60 days to allow a party time to obtain a transcript of the screeningpanel proceedings, so long as the audio or video recording is requested within28 days. The requesting party will bear the costs of such transcript and mustfile the transcript with the Committee clerk at the time of or before filing anexception or response, together with an unsworn declaration establishing thetranscript?s chain of custody.
(4) Burden of proof. The party who files anexception has the burden of showing that the determination or recommendation ofthe screening panel is unsupported by substantial evidence or is arbitrary,capricious, legally insufficient, or otherwise clearly erroneous.
(5) Record on exceptions. The proceedingsof any hearing on an exception must be recorded at a level of audio qualitythat permits an accurate transcription of the proceedings.
Effective December 15,2020