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5. Sanctions

a. NON-COMPLIANCE

What constitutes non-compliance:

1) Failure to complete the education requirement within the compliance period;

2) Failure to provide attestation of compliance or exemption;

3) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period;

4) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of non-compliance notice;

5) Failure to pay non-compliance fee within the prescribed period;

6) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements. (Section 1, Rule 12, Ibid.)

b. NON-COMPLIANCE WITH NOTICE AND 60-DAY PERIOD TO COMPLY

Members failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to file a response clarifying the deficiency or otherwise showing compliance with the requirements. Such notice shall contain the following language near the beginning of the notice in capital letters: IF YOU FAIL TO PROVIDE ADEQUATE PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS FROM DATE OF NOTICE), YOU SHALL BE LISTED AS A DELINQUENT MEMBER AND SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL SUCH TIME AS ADEQUATE PROOF OF COMPLIANCE IS RECEIVED BY THE MCLE COMMITTEE. (Paragraph 1, Section 2, Rule 12, Ibid.)

Members given sixty (60) days to respond to a Non-Compliance Notice may use this period to attain the adequate number of credit units for compliance. Credit units earned during this period may only be counted toward compliance with the prior compliance period requirement unless units in excess of the requirement are earned, in which case the excess may be counted toward meeting the current compliance period requirement. (Paragraph 2, Section 2, Rule 12, Ibid.)

c. NON-COMPLIANCE FEE

A member who, for whatever reason, is in non-compliance at the end of the compliance period shall pay a non-compliance fee. (Section 1, Rule 13, Ibid.)

d. LISTING AS DELINQUENT MEMBER

A member who fails to comply with the requirements after the sixty (60) day period for compliance has expired, shall be listed as a delinquent member of the IBP upon the recommendation of the MCLE Committee. The investigation of a member for non-compliance shall be conducted by the IBP’s Commission on Bar Discipline as a fact-finding arm of the MCLE Committee. (Section 2, Rule 13, Ibid.)

e. ACCRUAL OF MEMBERSHIP FEE

Membership fees shall continue to accrue at the active rate against a member during the period he/she is listed as a delinquent member. (Section 3, Rule 13, Ibid.)

f. PROCESS

The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance with the MCLE requirement, including payment of non-compliance fee. A member may attain the necessary credit units to meet the requirement for the period of non-compliance during the period the member is on inactive status. These credit units may not be counted toward meeting the current compliance period requirement. Credit units earned during the period of non-compliance in excess of the number needed to satisfy the prior compliance period requirement may be counted toward meeting the current compliance period requirement. (Section 1, Rule 14, Ibid.)

g. TERMINATION OF DELINQUENT LISTING

The termination of listing as a delinquent member is administrative in nature AND it shall be made by the MCLE Committee. (Section 2, Rule 14, Ibid.)

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