Section13. Standards for Approved CLE Activities.
All CLE activities approved for credit shall meet the following standards:
(a) The activity shall have significant intellectual or practical content, the primary objective of which is to improve the participants’ professional competence and ethical behavior.
(b) The activity shall be an organized program of learning to deal with matters directly related to subjects which satisfy the objectives of the rules and these regulations.
(c) Each CLE activity shall be open to all lawyers thought to be interested in the subject matter and there shall be no attendance restrictions, except as may be permitted by the Board, upon application from a provider, where:
1. Attendance is restricted on objective criteria for a bona fide educational objective to enhance the CLE activity.
2. Attendance is restricted due to applicable State or federal law.
3. Membership in the provider organization is open to all interested lawyers, on reasonable non-discriminatory basis and cost.
(d) The program leaders or lecturers shall be qualified with the necessary practical and/or academic experience necessary to conduct the program effectively.
(e) Each attendee shall be provided with thorough, high quality and carefully prepared written course materials before or at the time of the activity. Although written materials may not be appropriate to all courses, they are expected to be utilized whenever possible.
(f) The activity must be presented in a suitable setting, conducive to a good educational environment, which provides attendees with adequate writing space or surface.
(g) Upon request by the Board, the provider shall submit to the Board information concerning the activity, including the brochure describing the activity and the qualifications of anticipated speakers, the method or manner of presentation of materials, and, if requested, a set of the materials, as required by Rule 106(c)(3)(b).
(h) The provider shall develop and implement methods to evaluate its course offerings to determine their effectiveness and the extent to which they meet the needs of lawyers and, upon a request from the Board, provide course evaluations by the attendees on such forms as the Board shall approve.
(i) The Board will take into consideration the special needs of handicapped and incapacitated lawyers in gaining access to and participation in CLE activities. The Board shall require providers to make reasonable accommodations for handicapped and incapacitated lawyers.
(j) Self study will not be approved for CLE credit.
(k) In-house activities will not be approved for CLE credit.
(l) Seminars viewed at remote sites by electronic transmission, will receive credit if a moderator is present by a telecommunication facility. The Board may approve CLE courses consisting solely of television viewing in the home, correspondence work or self study to accommodate the needs of the handicapped or incapacitated.
(m) The provider shall monitor the CLE activity for attendance and certify such attendance to the Board.
(n) Distance learning, computer based and teleconference programs may be approved for credit in accordance with standards determined by the Board:
1. Only distance learning courses conducted by Accredited Providers or Accredited Provider applicants may be taken for credit.
2. Courses must provide mechanisms to ensure interactivity and/or monitor course participation.
3. Participants must complete the program in such a manner that certification of attendance is controlled by the provider.
4. Course providers shall report course attendance and evaluation data in a format determined by the Board.
5. Credits earned via distance learning in excess of the annual credit limit, will not carry over into subsequent compliance periods.
(o) Credit for Pro Bono Legal Service may be approved for credit in accordance with standards determined by the Board:
a. Credit may only be earned for pro bono service that is assigned, verified and reported by an Accredited Pro Bono CLE Provider.
b. CLE credit may be received when services are performed for a person of limited means or charitable organization.
c. Credits earned through pro bono service in excess of the annual credit limit will not carry forward into subsequent compliance periods.
Source The provisions of this Section 13 amended March 8, 1996, effective March 9, 1996, 26 Pa.B. 984; amended April 9, 2021, effective March 8, 2021, 51 Pa.B. 1983; amended January 31, 2022, effective immediately, 52 Pa.B. 964. Immediately preceding text appears at serial pages (404505) to (404506).
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