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Rule 15-522. Reciprocal discipline.

(a) Duty to notify OPCcounsel of discipline. Upon being publicly disciplined by another court,another jurisdiction, or a regulatory body having disciplinary jurisdiction, alicensed paralegal practitioner licensed to practice in Utah shall within 30days inform the OPC of the discipline. Upon notification from any source that alicensed paralegal practitioner within the jurisdiction of the Supreme Courthas been publicly disciplined by another court, another jurisdiction, or aregulatory body having disciplinary jurisdiction, OPC counsel shall obtain acertified copy of the disciplinary order.

(b) Notice served uponlicensed paralegal practitioner. Upon receipt of a certified copy of an orderdemonstrating that a licensed paralegal practitioner licensed to practice inUtah has been publicly disciplined by another court, another jurisdiction, or aregulatory body having disciplinary jurisdiction, OPC counsel shall issue anotice directed to the licensed paralegal practitioner containing:

(b)(1) acopy of the order from the other court, jurisdiction or regulatory body; and

(b)(2) a notice giving thelicensed paralegal practitioner the right to inform OPC counsel, within 30 daysfrom service of the notice, of any claim by the licensed paralegal practitionerpredicated upon the grounds set forth in paragraph (d), that the imposition ofthe equivalent discipline in Utah would be unwarranted, and stating the reasonsfor that claim.

(c) Effect of stay ofdiscipline in other jurisdiction. If the discipline imposed in the other court,jurisdiction or regulatory body has been stayed, any reciprocal disciplineimposed in Utah shall be deferred until the stay expires.

(d) Discipline to beimposed. Upon the expiration of 30 days from service of the notice pursuant toparagraph (b), the district court shall take such action as may be appropriateto cause the equivalent discipline to be imposed in this jurisdiction, unlessit clearly appears upon the face of the record from which the discipline ispredicated that:

(d)(1) theprocedure was so lacking in notice or opportunity to be heard as to constitutea deprivation of due process;

(d)(2) theimposition of equivalent discipline would result in grave injustice; or

(d)(3) themisconduct established warrants substantially different discipline in Utah oris not misconduct in this jurisdiction.

If the district courtdetermines that any of these elements exist, it shall enter such other order asit deems appropriate. The burden is on the respondent to demonstrate that theimposition of equivalent discipline is not appropriate.

(e) Conclusiveness ofadjudication in other jurisdictions. Except as provided in paragraphs (c) and(d) above, a final adjudication of the other court, jurisdiction or regulatorybody that a respondent has been guilty of misconduct shall establishconclusively the misconduct for purposes of a disciplinary proceeding in Utah.

 

Effective November 1, 2018