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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 withreporting provisions of Rule 14-414 will be assessed a late fee. A lawyer whofails to comply with Rule 14-414 or who files a Certificate of Complianceshowing that he or she has failed to complete the required number of hours ofMCLE will be notified that a petition for the lawyer's suspension from thepractice of law will be submitted to the Supreme Court unless all requirementsare completed and reported within 30 days.

(a)(1)The lawyer will have the opportunity duringthe 30-day period to file an affidavit with the Board disclosing facts demonstratingthat the lawyer's noncompliance was not willful andto tender such documents that, ifaccepted, would cure the delinquency. A hearing before the Board will begranted if requested.

(a)(2)If, after a hearing or a failure to cure the delinquency by satisfactoryaffidavit and compliance, the lawyer is suspended by the Supreme Court, thelawyer will be notified by certified mail, return receipt requested.

(b)Reinstatement. A lawyer suspended by the Supreme Court under the provisions ofthis rule may be reinstated by the Court upon motion of the Board showing thatthe 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 withthis article, the lawyer must then comply with allapplicable 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 orextenuating circumstances to grant waivers of the minimum MCLE requirements orextensions of time within which to fulfill the requirements. Active Utahlawyers will not be granted a waiver of the CLE requirements in Utah if theyare living outside of Utah and practicing law in other jurisdictions. TheseActive Utah lawyers must comply with the Utah CLE requirements or change fromactive to inactive status.

(d)Deferrals. The Board may defer MCLE requirements in the event of the lawyer'sserious illness.

(e)Petition to appeal. Any lawyer who is aggrieved by any decision of the Boardunder 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 therelief sought along with the factual and legal basis. Unless a petition isfiled, 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 10days notice of the time and place set for the hearing. Testimony taken at the hearing? will be underoath. The Board shall enter written findings of fact, conclusions of law andthe decision on each petition. A copy will be sent by certified mail, returnreceipt requested, to the lawyer.

(e)(2)The Board may grant the petitioner an extension of time within which to complywith this rule.

(e)(3)Decisions of the Board are final and are notsubject to further contest, unless the decision was a denial of a request for awaiver or a recommendation of suspension of lawyer's license to practice.

(f) Appeal to Supreme Court. A decision denying a request forwaiver 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 lawand decision, the lawyer files a written notice of appeal with the SupremeCourt.

(f)(1)Transcripts. To perfect an appeal to the Supreme Court, the lawyer must, at thelawyer's expense, obtain a transcript of the proceedings from the Board. Iftestimony was taken before the Board, the Board will certify that thetranscript contains a fair and accurate report of the proceedings. The Board willprepare and certify a transcript of all orders and other documents pertinent tothe proceeding before it and file these promptly with the clerk of the SupremeCourt. The matter will be heard by the Supreme Court under this article andother 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 toappeals pending before each such body,may, for good cause shown either extend the time forthe filing or certification of any material or dismiss the appeal for failureto prosecute.

EffectiveMay 1, 2016.