Rule 14-912. Processing claims.
(a) Whenever it appearsthat a claim is not eligible for reimbursement pursuant to these rules, theclaimant shall be advised of the reasons why the claim may not be eligible forreimbursement, and that unless additional facts to support eligibility aresubmitted to the Committee, the claim file shall be closed. The chairperson ofthe Fund may appoint any member of the Committee and/or his/herself todetermine the eligibility of claims.
(b) A certified copy ofan order disciplining a lawyer or licensed paralegal practitioner for the samedishonest act or conduct alleged in the claim, or a final judgment imposingcivil or criminal liability therefor, shall be evidence that a lawyer orlicensed paralegal practitioner committed such dishonest act or conduct.
(c) The Bar's Office ofProfessional Conduct Senior Counsel shall be promptly notified of each claim.
(d) The lawyer orlicensed paralegal practitioner alleged to have engaged in dishonest conductshall be provided a copy of the claim and given an opportunity to respond inwriting within 20 days of the receipt thereof to the Committee.
(e) The Committee mayrequest that testimony be presented. The lawyer, licensed paralegalpractitioner or his or her representative shall be given an opportunity to beheard if they so request within 20 days of receiving a notice from theCommittee that the Committee will process the claim.
(f) The Committee maymake a finding of dishonest conduct for purposes of adjudicating a claim. Sucha determination is not a finding of dishonest conduct for the purposes ofprofessional discipline and further, represents only a recommendation to theBoard. A claim may only be considered if the individual lawyer or licensedparalegal practitioner involved has been disciplined to a threshold level of apublic reprimand or is no longer in practice.
(g) The claim shall bedetermined based on all available evidence, and notice shall be given to theclaimant and the lawyer or licensed paralegal practitioner 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 upona claim shall not be conducted according to technical rules relating toevidence, procedure and witnesses. Any relevant evidence shall be admitted ifit is the sort of evidence on which responsible persons are accustomed to relyingon in the conduct of serious affairs, regardless of the existence of any commonlaw or statutory rule which might make improper the admission of such evidenceover objection in court proceedings. The claimant shall have the duty to supplyrelevant evidence to support the claim.
(i) The Board shalldetermine the order and manner of payment and pay those claims it deemsmeritorious, but unless the Board directs otherwise, no claim should beapproved during the pendency of a disciplinary proceeding involving the sameact or conduct as alleged in the claim; specifically, no determination and/orhearing shall take place until such time that all disciplinary proceedingshave, in fact, been completed.
(j) Both the claimantand the lawyer or licensed paralegal practitioner shall be advised of thestatus of the Board's consideration of the claim and after having received therecommendation of the Committee, also shall be informed of the finaldetermination.
(k) The claimant mayrequest reconsideration within 30 days of the denial or determination of theamount of the claim.
Effective May 1, 2019