Rule 11-550. Diversion referrals, authority, and responsibilities.

(a) Referral to diversion. In a matter involving lessserious misconduct under Rule 11-551, upon receiving a Complaint and before the matter is submitted to ascreening panel, the Respondent may have the optionof electing to have the matter referred to diversion, the appropriateness ofwhich the OPC will determine.

(b) Authority and responsibility.The OPC may negotiate and execute diversion contracts, assign monitoring to aLawyer or assistance program, determine if the Lawyer complied with thediversion contract, determine if the Lawyer fulfilled or materially breachedthe diversion contract, and adopt such policies and procedures as may beappropriate to accomplish its duties. The OPC has authority to establishcommittees of volunteer attorneys and other professionals for the specificpurpose of monitoring the compliance of any attorney under diversion andreporting compliance to the OPC.

(c) Notice to Complainant. The OPCwill notify the Complainant, if any, of the proposed decision to refer theRespondent to diversion, and the Complainant may submit written comments. TheComplainant will be notified when the Complaint is diverted and when theComplaint is dismissed. All notices will be sent to the Complainant?s addressaccording to the OPC?s records. Such decision to divert or dismiss is notappealable.

(d) Effect of not participating in diversion. TheRespondent has the right to decline to participate in diversion. If theRespondent chooses not to participate in diversion, the matter proceeds underthese rules.

Effective December15, 2020