(a)Whenever it appears that a claim is not eligible for reimbursement pursuant tothese rules, the claimant must be advised of the reasons why the claim may notbe eligible for reimbursement, and that unless additional facts to supporteligibility are submitted to the Committee, the claim file will be closed. TheFund chair may appoint themselves or any Committee member to determine theeligibility of claims.
(b) Acertified copy of an order disciplining a lawyer for the same dishonest act orconduct alleged in the claim, or a final judgment imposing civil or criminalliability therefor, is evidence that a lawyer committed such dishonest actor conduct.
(c) TheOffice of Professional Conduct must be promptly notified of each and everyclaim.
(d) Thelawyer alleged to have engaged in dishonest conduct must be provided a copy ofthe claim and given an opportunity to respond to the Committee in writingwithin 21 days of receiving the claim.
(e) TheCommittee may request that testimony be presented. If desired, the lawyer orlawyer?s representative must request an opportunity to be heard within 21 daysof receiving a notice from the Committee that the Committee will process theclaim.
(f) TheCommittee may make a finding of dishonest conduct for purposes of adjudicatinga claim. Such a determination is not a finding of dishonest conduct for thepurposes of professional discipline and further, represents only arecommendation to the Board. A claim may only be considered if the individuallawyer involved has been disciplined to a threshold level of a public reprimandor is no longer in practice.
(g) Theclaim will be determined on the basis of all available evidence, and noticemust be given to the claimant and the lawyer of the final decision by the Boardafter a recommendation has been made by the Committee. The recommendation forapproving or denying a claim requires the affirmative votes of a majority ofthe Committee members and a quorum of the voting Board members.
(h) Anyproceeding on a claim will not be conducted according to technical rulesrelating to evidence, procedure, and witnesses. Any relevant evidence must beadmitted if it is the sort of evidence on which responsible persons areaccustomed to rely in the conduct of serious affairs, regardless of any commonlaw or statutory rule that may make improper the admission of such evidenceover objection in court proceedings. The claimant has the duty to supplyrelevant evidence to support the claim.
(i) TheBoard must determine the order and manner of payment and pay those claims itdeems meritorious. Unless the Board directs otherwise, no claim will beapproved during a pending disciplinary proceeding involving the same act orconduct as alleged in the claim. No determination or hearing will take placeuntil all disciplinary proceedings are complete.
(j) TheBoard must advise both the claimant and the lawyer of the status of the Board?sconsideration of the claim and after having received the recommendation of theCommittee, must also be informed of the final determination.
(k) Theclaimant may request reconsideration within 28 days of the denial ordetermination of the amount of the claim.
Effective December 15, 2020