Utah Courts
UCJA Rule 11-615 (Code of Judicial Administration)
UCJA Rule 11-615 (Code of Judicial Administration)
Rule 11-615. Failure to satisfy MCLE requirements; notice; appeal procedures; reinstatement; waivers and extensions; deferrals.
(a) Failure to comply; petition for suspension. A lawyer or paralegal practitioner who fails to comply with reporting provisions of Rule 11-614 will be assessed a late fee.
(1) On September 15, a lawyer who fails to comply with Rule 11-614 or who files a Certificate of Compliance showing that the lawyer has failed to complete the required number of hours of MCLE will be administratively suspended from the practice of law, beginning on October 1, and notified of the administrative suspension by certified mail, return receipt requested.
(2) On September 15, failure of a paralegal practitioner to comply with Rule 11-614, or receipt of a Certificate of Compliance showing that the paralegal practitioner has failed to complete the required number of hours of MCLE, will result in administrative suspension of the paralegal practitioner’s license, beginning on October 1, and notification of the administrative suspension by certified mail, return receipt requested.
(b) Reinstatement. The Supreme Court may reinstate a lawyer or paralegal practitioner suspended under the provisions of this rule upon motion of the Board showing that the lawyer or paralegal practitioner has cured the delinquency for which the lawyer or paralegal practitioner has been suspended and paid all required fees.
(c) Waivers and extensions of time. For good cause shown, the Board may use its discretion in cases involving hardship or extenuating circumstances to grant waivers of the minimum MCLE requirements or extensions of time within which to fulfill the requirements. Active Utah lawyers will not be granted a waiver of the CLE requirements in Utah if they are living outside of Utah and practicing law in other jurisdictions. These Active Utah lawyers must comply with the Utah CLE requirements or change from active to inactive status. Active Utah paralegal practitioners will not be granted a waiver of the CLE requirements in Utah if they are living outside of Utah and practicing in other jurisdictions. These Active Utah paralegal practitioners must comply with the Utah CLE requirements or change from active to inactive status.
(d) Deferrals. The Board may defer MCLE requirements in the event of the lawyer's or paralegal practitioner’s serious illness.
(e) Petition to appeal. Any lawyer or paralegal practitioner who is aggrieved by any Board decision under this rule may, within 30 days from the date of the notice of decision, appeal to the Board by filing a petition setting forth the decision and the relief sought along with the factual and legal basis. Unless a petition is timely filed, the Board's decision is final.
(1) The Board may approve a petition without hearing or may set a date for hearing. If the Board determines to hold a hearing, the Board will provide the lawyer or paralegal practitioner at least ten days’ notice of the time and place set for the hearing. Testimony taken at the hearing will be under oath. The Board will enter written findings of fact, conclusions of law, and a decision on each petition. The Board will send a copy of its findings of fact, conclusions of law, and decision by certified mail, return receipt requested, to the lawyer or paralegal practitioner.
(2) The Board may grant the petitioner an extension of time within which to comply with this rule.
(3) Except as provided in paragraph (f), the Board's decisions are final and are not subject to further review.
(f) Appeal to Supreme Court. A Board decision denying a request for waiver or a Board decision to suspend the lawyer or paralegal practitioner is final and not subject to further review unless within 30 days from the date of the notice of decision, the lawyer or paralegal practitioner files a written notice of appeal with the Supreme Court.
(1) Transcripts. To perfect an appeal to the Supreme Court, the lawyer or paralegal practitioner must, at the lawyer's or paralegal practitioner’s expense, obtain a transcript of the proceedings from the Board. If testimony was taken before the Board, the Board will certify that the transcript contains a fair and accurate report of the proceedings. The Board will prepare and certify a transcript of all orders and other documents pertinent to the proceeding before it and file them promptly with the Supreme Court clerk. The Supreme Court will hear the appeal under this article and other applicable rules.
(2) The time set forth in this article for filing notices of appeal are jurisdictional. The Board or the Supreme Court, as to appeals pending before each such body may, for good cause shown either extend the time for the filing or certification of any material or dismiss the appeal for failure to prosecute.
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