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PA Bulletin, Doc. No. 97-110

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

[204 PA. CODE CH. 82]

Changes to the Regulations of the Pennsylvania Continuing Legal Education Board

[27 Pa.B. 411]

Annex A

TITLE 204.  JUDICIAL SYSTEM GENERAL PROVISIONS

PART V.  PROFESSIONAL ETHICS AND CONDUCT

Subpart A.  PROFESSIONAL RESPONSIBILITY

CHAPTER 82.  CONTINUING LEGAL EDUCATION

Subchapter B.  CONTINUING LEGAL EDUCATION BOARD REGULATIONS

Preamble.  Statement of Purpose.

   The public properly expects that lawyers, in the practice of the law, will maintain throughout their careers certain standards of professional competence and ethical behavior. These regulations prescribe the standards for the implementation of the Orders of the Supreme Court of Pennsylvania of January 7, 1992, July 1, 1992, August 21, 1992, November 29, 1993, February 1, 1994, June 22, 1994, [and] March 7, 1995, and September 17, 1996 promulgating the Pennsylvania Rules for Continuing Legal Education and mandating continuing legal education requirements for Pennsylvania lawyers. These regulations have been amended several times. As of here and now, the following regulations are in effect.

Section 1.  Definitions.

*      *      *      *      *

   CLE--Continuing legal education to be provided under the rules [of] and these regulations.

*      *      *      *      *

Section 9.  Reinstatement.

   (a)  A lawyer placed on inactive status for noncompliance under the rules and these regulations may petition the Disciplinary Board of the Supreme Court of Pennsylvania for reinstatement to active status pursuant to the Disciplinary Rules. Upon written request of the lawyer seeking reinstatement, the Board shall certify to the Disciplinary Board whether the lawyer is in compliance. Only verified attendance at sufficient hours of approved CLE activities for [all reporting periods from period of noncompliance to the date of the petition for reinstatement] the current compliance year and the two most recent compliance years, plus payment of all fees, shall constitute [be deemed in full] compliance with the requirements of the rules and these regulations.

*      *      *      *      *

Section 11.  Accreditation of Accredited Continuing Legal Education Providers.

*      *      *      *      *

   (d)  Accredited Continuing Legal Education Provider status may be granted at the discretion of the Board to applicants satisfying the following requirements:

   1.  The provider has presented, within the past two (2) years, five (5) separate programs of CLE which meet the standards of quality set forth in the rules and these regulations, or

   2.  The provider has demonstrated to the Board that its CLE activities have consistently met the standards of quality set forth in the rules and these regulations, or

   3.  Is an American Bar Association accredited law school.

   4.  The person or persons responsible for provider's compliance with the Pennsylvania CLE requirements shall successfully complete a course of training established by the Board and administered by the Board staff.

   Training by the CLE Board staff will include: Rules and Regulations, provider reporting requirements, accreditation standards, compliance groups, deadlines, requirements for compliance, fee payment, and record keeping requirements.

   The Board may require Accredited Providers to complete a course of training prior to continuation of the provider's accredited status.

*      *      *      *      *

Section 18.  Board Fee Schedule.

   Following is a schedule of fees established by the Board to be paid by providers and lawyers. This schedule will be reviewed annually by the Board and may be modified at any time upon approval by the Pennsylvania Supreme Court.

Fee to accompany application for designation as
Accredited Continuing Legal Education Provider
$25.00
Fee to accompany application for continuation
as an Accredited Provider
$25.00
Fee per credit hour to be paid by provider
with attendance certification
[$2.50] $1.50*
Fee per credit hour to be paid by lawyer
for certification when fee not paid by
provider
[$2.00] $1.50*
Fee per credit hour when lawyer requests
CLE credit for teaching course
[$2.00] $1.50*
Fee to accompany request by lawyer for certified
copy of lawyer's record with the Board
$25.00
Filing fee to accompany request for hearing
concerning dispute of Board's determination
of lawyer's CLE credit
$25.00
Filing fee to accompany request for hearing
concerning lawyers noncompliance
$25.00
Filing fee to accompany application for waiver
of CLE requirement
$25.00
Filing fee to accompany application for
extension to complete CLE requirement
$50.00
Reinstatement fee$100.00
Filing fee to accompany request for hearing
upon denial of reinstatement
$25.00
Fee for late compliance with CLE
requirement
$100.00
Fee to accompany application to accredit
single CLE activity*
$25.00
Fee to accompany application for non-resident
active status
$25.00

Charges to be paid by a provider for failure to comply with the rules or these regulations:

First non-compliance                                    $100.00

Second non-compliance                                 $200.00

Third non-compliance                                    $300.00

Fourth non-compliance                                   $400.00

Fifth and succeeding non-compliance               $500.00

   *Reduction to $1.50 effective May 1, 1997

[Pa.B. Doc. No. 97-110. Filed for public inspection January 24, 1997, 9:00 a.m.]



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