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Rule 15-415.Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement;waivers and extensions; deferrals.

(a) Failure to comply; petition forsuspension. A Licensed Paralegal Practitioner who fails to comply withreporting provisions of Rule 15-414 will be assessed a late fee. A LicensedParalegal Practitioner who fails to comply with Rule 15-414 or who files aCertificate of Compliance showing that he or she has failed to complete therequired number of hours of MCLE will be notified that a petition for theLicensed Paralegal Practitioner?s suspension of their license will be submittedto the Supreme Court unless all requirements are completed and reported within30 days.

(a)(1) The Licensed ParalegalPractitioner will have the opportunityduring the 30-day period to file an affidavit with the Board disclosing factsdemonstrating that the Licensed Paralegal Practitioner?s noncompliance was notwillful and to tendersuch documents that, if accepted, would cure the delinquency. A hearing beforethe Board will be granted if requested.

(a)(2) If, after a hearing or a failureto cure the delinquency by satisfactory affidavit and compliance, the LicensedParalegal Practitioner is suspended by the Supreme Court, the LicensedParalegal Practitioner will be notified by certified mail, return receiptrequested.

(b) Reinstatement. A Licensed ParalegalPractitioner suspended by the Supreme Court under the provisions of this rulemay be reinstated by the Court upon motion of the Board showing that theLicensed Paralegal Practitioner has cured the delinquency for which theLicensed Paralegal Practitioner has been suspended. If a Licensed ParalegalPractitioner has been suspended by the Supreme Court for non-compliance withthis article, the Licensed Paralegal Practitioner must then comply with allapplicable rules to be eligible to return to active or inactive status.

(c) Waivers and extensions of time. Forgood cause shown, the Board may use itsdiscretion in cases involving hardship or extenuating circumstances to grantwaivers of the minimum MCLE requirements or extensions of time within which tofulfill the requirements.

(d) Deferrals. The Board may defer MCLErequirements in the event of the Licensed Paralegal Practitioner?s seriousillness.

(e) Petition to appeal. Any LicensedParalegal Practitioner who is aggrieved by any decision of the Board under thisrule may, within 30 days from the date of the notice of decision, appeal to theBoard by filing a petition setting forth the decision and the relief soughtalong with the factual and legal basis. Unless a petition is filed, the Board'sdecision is final.

(e)(1) The Board may approve a petitionwithout hearing or may set a date for hearing. If the Board determines to holda hearing, the Licensed Paralegal Practitioner will have at least 10 daysnotice of the time and place set for the hearing. Testimony taken at the hearingwill be under oath. The Board shall enter written findings of fact, conclusionsof law and the decision on each petition. A copy will be sent by certifiedmail, return receipt requested, to the Licensed Paralegal Practitioner.

(e)(2) The Board may grant thepetitioner an extension of time within which to comply with this rule.

(e)(3) Decisions of the Board are final and are not subject to further contest, unlessthe decision was a denial of a request for a waiver or a recommendation ofsuspension of Licensed Paralegal Practitioner?s license.

(f) Appeal toSupreme Court. A decision denying a request for waiver or a decision to suspendthe Licensed Paralegal Practitioner is final under paragraph (e)(3) unlesswithin 30 days after service of the findings of fact, conclusions of law anddecision, the Licensed Paralegal Practitioner files a written notice of appealwith the Supreme Court.

(f)(1) Transcripts. To perfect an appealto the Supreme Court, the Licensed Paralegal Practitioner must, at the LicensedParalegal Practitioner?s expense, obtain a transcript of the proceedings fromthe Board. If testimony was taken before the Board, the Board will certify thatthe transcript contains a fair and accurate report of the proceedings. TheBoard will prepare and certify a transcript of all orders and other documentspertinent to the proceeding before it and file these promptly with the clerk ofthe Supreme Court. The matter will be heard by the Supreme Court under thisarticle and other applicable rules.

(f)(2) The time set forth in thisarticle for filing notices of appeal are jurisdictional. The Board or theSupreme Court, as to appeals pending before each such body, may, for good causeshown either extend the time for the filing or certification of any material ordismiss the appeal for failure to prosecute.

 

Effective November 1, 2018