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Rule 15-525. Reinstatement following asuspension of more than six months; relicensure.

(a) Generally. A respondentsuspended for more than six months or a delicensed respondent shall bereinstated or relicensed only upon order of the district court. No respondentmay petition for reinstatement until three months before the period for suspensionhas expired. No respondent may petition for relicensureuntil five years after the effective date of delicensure.A respondent who has been placed on interim suspension and is then delicensedfor the same misconduct that was the ground for the interim suspension maypetition for relicensure at the expiration of fiveyears from the effective date of the interim suspension.

(b) Petition. A petition forreinstatement or relicensure shall be verified, filedwith the district court, and shall specify with particularity the manner inwhich the respondent meets each of the criteria specified in paragraph (e) or,if not, why there is otherwise good and sufficient reason for reinstatement or relicensure. With specific reference to paragraph (e)(4), prior to the filing of a petition for relicensure, the respondent must receive a report andrecommendation from the Bar's Character and Fitness Committee. In addition toreceiving the report and recommendation from the Character and FitnessCommittee, the respondent must satisfy all other requirements as set forth inArticle 7, Admissions. Prior to or as part of the respondent's petition, therespondent may request modification or abatement of conditions of discipline,reinstatement or relicensure.

(c) Service of petition. Therespondent shall serve a copy of the petition upon OPC counsel.

(d) Publication of notice ofpetition. At the time a respondent files a petition for reinstatement or relicensure,OPC counsel shall publish a notice of the petition in the Utah Bar Journal. Thenotice shall inform members of the Bar about the application for reinstatementor relicensure, and shall request that anyindividuals file notice of their opposition or concurrence with the districtcourt within 30 days of the date of publication. In addition, OPC counsel shallnotify each complainant in the disciplinary proceeding that led to therespondent's suspension or delicensure that therespondent is applying for reinstatement or relicensure,and shall inform each complainant that the complainant has 30 days from thedate of mailing to raise objections to or to support the respondent's petition.Notice shall be mailed to the last known address of each complainant in OPCcounsel's records.

(e) Criteria forreinstatement and relicensure. A respondent may bereinstated or relicensed only if the respondent meets each of the followingcriteria, or, if not, presents good and sufficient reason why the respondentshould nevertheless be reinstated or relicensed.

(e)(1) The respondent hasfully complied with the terms and conditions of all prior disciplinary ordersexcept to the extent they are abated by the district court.

(e)(2) The respondent hasnot engaged nor attempted to engage in the unauthorized practice of law duringthe period of suspension or delicensure.

(e)(3) If the respondent wassuffering from a physical or mental disability or impairment which was acausative factor of the respondent's misconduct, including substance abuse, thedisability or impairment has been removed. Where substance abuse was acausative factor in the respondent's misconduct, the respondent shall not bereinstated or relicensed unless:

(e)(3)(A) therespondent has recovered from the substance abuse as demonstrated by ameaningful and sustained period of successful rehabilitation;

(e)(3)(B) therespondent has abstained from the use of the abused substance and the unlawfuluse of controlled substances for the preceding six months; and

(e)(3)(C) therespondent is likely to continue to abstain from the substance abused and theunlawful use of controlled substances.

(e)(4) Notwithstanding theconduct for which the respondent was disciplined, the respondent has therequisite honesty and integrity to practice law as a licensed paralegalpractitioner. In relicensure cases, the respondentmust appear before the Bar's Character and Fitness Committee and cooperate inits investigation of the respondent. A copy of the Character and FitnessCommittee's report and recommendation shall be provided to the OPC andforwarded to the district court assigned to the petition after the respondentfiles a petition.

(e)(5) The respondent haskept informed about recent developments in the law and is competent to practiceas a licensed paralegal practitioner.

(e)(6) In cases ofsuspensions for one year or more, the respondent shall be required to pass theLicensed Paralegal Practitioner Professional Responsibility Exam.

(e)(7) In all cases of delicensure, the respondent shall be required to pass thestudent applicant Licensed Paralegal Practitioner Licensing Exam.

(e)(8) The respondent hasfully reimbursed the Bar's Licensed Paralegal Practitioners? Fund for ClientProtection for any amounts paid on account of the respondent's conduct.

(f) Review of petition.Within 60 days after receiving a respondent's petition for reinstatement or relicensure, OPC counsel shall either:

(f)(1) advisethe respondent and the district court that OPC counsel will not object to therespondent's reinstatement or relicensure; or

(f)(2) filea written objection to the petition.

(g) Hearing; report. If anobjection is filed by OPC counsel, the district court, as soon as reasonablypracticable and within a target date of 90 days of the filing of the petition,shall conduct a hearing at which the respondent shall have the burden ofdemonstrating by a preponderance of the evidence that the respondent has meteach of the criteria in paragraph (e) or, if not, that there is good andsufficient reason why the respondent should nevertheless be reinstated orrelicensed. The district court shall enter its findings and order. If noobjection is filed by OPC counsel, the district court shall review the petitionwithout a hearing and enter its findings and order.

(h) Successive petitions.Unless otherwise ordered by the district court, no respondent shall apply forreinstatement or relicensure within one yearfollowing an adverse judgment upon a petition for reinstatement or relicensure.

(i)Conditions of reinstatement or relicensure. Thedistrict court may impose conditions on a respondent's reinstatement or relicensure if the respondent has met the burden of proofjustifying reinstatement or relicensure, but thedistrict court reasonably believes that further precautions should be taken toensure that the public will be protected upon the respondent's return topractice.

(j) Reciprocal reinstatementor relicensure. If a respondent has been suspended ordelicensed solely on the basis of discipline imposed by another court, anotherjurisdiction, or a regulatory body having disciplinary jurisdiction, and if therespondent is later reinstated or relicensed by that court, jurisdiction orregulatory body, the respondent may petition for reciprocal reinstatement or relicensure in Utah. The respondent shall file with thedistrict court and serve upon OPC counsel a petition for reciprocalreinstatement or relicensure, as the case may be. Thepetition shall include a certified or otherwise authenticated copy of the orderof reinstatement or relicensure from the other court,jurisdiction or regulatory body. Within 20 days of service of the petition, OPCcounsel may file an objection thereto based solely upon substantial proceduralirregularities. If an objection is filed, the district court shall hold ahearing and enter its finding and order. If no objection is filed, the districtcourt shall enter its order based upon the petition.

 

Effective November 1, 2018