ELC 5.7 DISPOSITION OF GRIEVANCE (a) Dismissal by Disciplinary Counsel. Disciplinary counsel may dismiss grievances with or without investigation. On dismissal, disciplinary counsel must notify the grievant of the procedure for review in this rule. (b) Review of Dismissal. A grievant may request review of dismissal of the grievance by delivering or depositing in the mail a request for review to disciplinary counsel no later than 45 days after disciplinary counsel mails the notice of dismissal. Mailing requires postage prepaid first class mail. If review is requested, disciplinary counsel may either reopen the matter for investigation or refer it to a review committee. If no timely request for review is made, the dismissal is final and may not be reviewed. Disputes regarding timeliness may be submitted to a review committee. A grievant may withdraw in writing a request for review, but thereafter the request may not be revived. (c) Report in Other Cases. Disciplinary counsel must report to a review committee the results of investigations except those dismissed or diverted. The report may include a recommendation that the committee order a hearing or issue an advisory letter or admonition. (d) Authority on Review. In reviewing grievances under this rule, a review committee may: (1) dismiss the grievance; (2) affirm the dismissal; (3) dismiss the grievance and issue an advisory letter under rule 5.8; (4) issue an admonition under rule 13.5; (5) order a hearing on the alleged misconduct; or (6) order further investigation as may appear appropriate. (e) Issuing Admonition or Ordering Hearing without Recommendation from Disciplinary Counsel. When the review committee decides to issue an admonition or order a matter to hearing, and such action has not been recommended by disciplinary counsel, the committee shall issue notice of its intended action and state the reasons therefor. The matter shall be set for reconsideration by a review committee. The grievant, the respondent lawyer, and the disciplinary counsel may submit additional materials. On reconsideration, the committee may take any action authorized by subsection (d) of this rule. (f) Action Final. Except as provided in subsection (e), a review committee's action under this rule is final and not subject to further review. [Adopted effective January 1, 2014.]
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