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Rule 14-415. Failure tosatisfy MCLE requirements; notice; appeal procedures; reinstatement; waiversand extensions; deferrals.

(a) Failure to comply;petition for suspension. A lawyer or paralegal practitioner who fails to complywith reporting provisions of Rule 14-414 will be assessed a late fee.

(a)(1) On September 15, alawyer who fails to comply with Rule 14-414 or who files a Certificate ofCompliance showing that the lawyer has failed to complete the required numberof hours of MCLE will be administratively suspended from the practice of law, beginningon October 1, and notified of the administrative suspension by certified mail,return receipt requested.

(a)(2) On September 15,failure of a paralegal practitioner to comply with Rule 14-414, or receipt of aCertificate of Compliance showing that the paralegal practitioner has failed tocomplete the required number of hours of MCLE, will result in administrativesuspension of the paralegal practitioner?s license, beginning on October 1, andnotification of the administrative suspension by certified mail, return receiptrequested.

(b) Reinstatement. A lawyeror paralegal practitioner suspended under the provisions of this rule may bereinstated by the Court upon motion of the Board showing that the lawyer orparalegal practitioner has cured the delinquency for which the lawyer orparalegal practitioner has been suspended and paid all required fees.

(c) Waivers and extensionsof time. For good cause shown, the Board may use its discretion in casesinvolving hardship or extenuating circumstances to grant waivers of the minimumMCLE requirements or extensions of time within which to fulfill therequirements. Active Utah lawyers will not be granted a waiver of the CLErequirements in Utah if they are living outside of Utah and practicing law inother jurisdictions. These Active Utah lawyers must comply with the Utah CLErequirements or change from active to inactive status. Active Utah paralegalpractitioners will not be granted a waiver of the CLE requirements in Utah ifthey are living outside of Utah and practicing in other jurisdictions. TheseActive Utah paralegal practitioners must comply with the Utah CLE requirementsor change from active to inactive status.

(d) Deferrals. The Board maydefer MCLE requirements in the event of the lawyer's or paralegalpractitioner?s serious illness.

(e) Petition to appeal. Anylawyer or paralegal practitioner who is aggrieved by any decision of the Boardunder 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 therelief sought along with the factual and legal basis. Unless a petition isfiled, the Board's decision is final.

(e)(1) The Board may approvea petition without hearing or may set a date for hearing. If the Boarddetermines to hold a hearing, the lawyer or paralegal practitioner will have atleast 10 days? notice of the time and place set for the hearing. Testimonytaken at the hearing will be under oath. The Board shall enter written findingsof fact, conclusions of law and the decision on each petition. A copy will besent by certified mail, return receipt requested, to the lawyer or paralegalpractitioner.

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

(e)(3) Decisions of theBoard are final and are not subject to further contest, unless the decision wasa denial of a request for a waiver or a recommendation of suspension of thelawyer's or paralegal practitioner?s license.

(f) Appeal to Supreme Court.A decision denying a request for waiver or a decision to suspend the lawyer orparalegal practitioner is final under paragraph (e)(3) unless within 30 daysafter service of the findings of fact, conclusions of law and decision, thelawyer or paralegal practitioner files a written notice of appeal with theSupreme Court.

(f)(1) Transcripts. Toperfect an appeal to the Supreme Court, the lawyer or paralegal practitionermust, at the lawyer's or paralegal practitioner?s expense, obtain a transcriptof the proceedings from the Board. If testimony was taken before the Board, theBoard will certify that the transcript contains a fair and accurate report ofthe proceedings. The Board will prepare and certify a transcript of all ordersand other documents pertinent to the proceeding before it and file thesepromptly with the clerk of the Supreme Court. The matter will be heard by theSupreme Court under this article and other applicable rules.

(f)(2) The time set forth inthis article 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 May 1, 2021