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Rule 15-717. Relicensure after resignation or delicensureof Utah licensed paralegal practitioners.

 

(a)Relicensure after resignation without disciplinepending. A Licensed Paralegal Practitioner who seeks relicensuresubsequent to resignation without discipline pending must submit a newapplication, payment of fees, and undergo a character and fitnessinvestigation. An Applicant is not required to retake the Licensed ParalegalPractitioner Examination(s), but must fully comply with the requirements ofRule 15-716 (fees and oath).

(b)Relicensure of delicensedLicensed Paralegal Practitioners. A Licensed Paralegal Practitioner who seeks relicensure after delicensureshall satisfy all requirements of this article, including Rules 15-703, 15-708and 15-716, and shall satisfy all other requirements imposed by Rule 15-525,the OPC, and Utah courts. A report and recommendationshall be filed by the LPP Admissions Committee in the District Court in whichthe Applicant has filed his or her petition for relicensure.The District Court must approve the Applicant's petition for relicensure under Rule 15-525 before an Applicant can beadmitted and licensed under Rule 15-716.

(c)A delicensed Licensed Paralegal Practitioner Applicant must undergo a formalhearing as set forth in Rule 15-708(c). A delicensed Licensed ParalegalPractitioner Applicant has the burden of proving rehabilitation by clear andconvincing evidence. No delicensed Licensed Paralegal Practitioner Applicantmay take the LPP Examination(s) prior to being approved by the LPP AdmissionsCommittee as provided in Rule 15-708(a). In addition to the requirements setforth in this rule and in conjunction with the application, an Applicant underthis rule must:

(c)(1)file an application for licensure in accordance withthe requirements and deadlines set forth in Rule 15-707(c);

(c)(2)provide a comprehensive written explanation of thecircumstances surrounding her or his delicensure orresignation;

(c)(3)provide copies of all relevant documents including, but not limited to, orderscontaining findings of fact and conclusions of law relating to delicensure or resignation; and

(c)(4)provide a comprehensive written account of conductevidencing rehabilitation.

(c)(5)To prove rehabilitation, the Applicant must demonstrate and provide evidence ofthe following:

(c)(5)(A)strict compliance with all disciplinary and judicialorders;

(c)(5)(B)full restitution of funds or property whereapplicable;

(c)(5)(C)a lack of malice toward those who instituted theoriginal proceeding against the Applicant;

(c)(5)(D)unimpeachable character and moral standing in thecommunity;

(c)(5)(E)acceptance of responsibility for the conduct leadingto the discipline;

(c)(5)(F)a desire and intent to conduct one's self in anexemplary fashion in the future;

(c)(5)(G)treatment for and current control of any substanceabuse problem and/or psychological condition, if such were factors contributingto the delicensure or resignation; and

(c)(5)(H)positive action showing rehabilitation by such thingsas a person's occupation, religion, or community or civic service. Merelyshowing that the Applicant is now living as and doing those things she or heshould have done throughout life, although necessary to prove rehabilitation,does not prove that the individual has undertaken a useful and constructiveplace in society.

 

Effective November 1, 2018