§ 31.12. Compliance.
(a) Records.
(i) Recordkeeping by the Board. The Board shall maintain current records of CJE attendance for each Judge to whom the rules and these regulations apply. These records shall be made available as the Board shall determine.
(ii) Recordkeeping by Judges. Each active Judge shall maintain records sufficient to establish compliance with the CJE requirement in the event of a dispute.
(b) Annual Status Notifications. The Board will notify each Judge of his or her CJE status three (3) months prior to the final day of the calendar year and will provide a final compliance notice within sixty (60) days after the end of the calendar year. The final compliance notice shall include the hours earned during the calendar year which have been reported and carryover hours if present.
(c) Noncompliance and Compliance Disputes.
(i) Notification. If a Judge shall fail to comply with these rules, or if a Judge is determined by the Board to be deficient in his or her CJE requirement, such Judge shall be so notified in writing by the Board of the nature of such noncompliance and shall be given one hundred eighty (180) days from the date of the notice to remedy such noncompliance.
(ii) Evidence of Compliance or Hearing Request. Within thirty (30) days of the date of the notice, the Judge shall either file evidence of compliance or request a hearing.
(iii) Hearing. If, in response to the notice of noncompliance, the Judge timely files a request for a hearing, the Board shall schedule a hearing. The hearing shall be held at least ten (10) days after written notice to the Judge.
(iv) Reasonable Cause for Noncompliance. If the Board finds that the Judge had reasonable cause for noncompliance, the Judge shall have one hundred eighty (180) days from the date of notice of the Board’s decision to correct the noncompliance. If compliance is not achieved within the one hundred eighty (180) day period, the Board shall proceed as provided.
(v) Report to Judicial Conduct Board. If a Judge shall fail to remedy non-compliance within one hundred eighty days after the later of the date of the notice of noncompliance or the date of a decision from the Board finding reasonable cause for noncompliance, the Board shall so report to the Judicial Conduct Board for their consideration.
(d) Crediting Pertaining to Periods of Noncompliance. Credit hours earned shall be first applied to satisfy the requirements of the compliance period which was the subject of the notice to the Judge before any excess credits earned during the notice period may be applied to subsequent requirements.
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