ELC 8.8 REINSTATEMENT TO ACTIVE STATUS (a) Right of Petition and Burden. A respondent lawyer transferred to disability inactive status may resume active status only by Board or Supreme Court order. Any respondent transferred to disability inactive status may petition the Board for transfer to active status. The respondent has the burden of showing that the disability has been removed. (b) Petition. The petition for reinstatement must: (1) state facts demonstrating that the disability has been removed; (2) include the name and address of each psychiatrist, psychologist, physician, or other person and each hospital or other institution by whom or in which the respondent has been examined or treated since the transfer to disability inactive status; and (3) be filed with the Clerk and served on disciplinary counsel. (c) Waiver of Privilege. The filing of a petition for reinstatement to active status by a respondent transferred to disability inactive status waives any privilege as to treatment of any medical, psychological, or psychiatric condition during the period of disability. The respondent must furnish, if requested by the Board or disciplinary counsel, written consent to each treatment provider to divulge information and records relating to the disability. (d) Initial Review by Chair. The Chair reviews the petition and any response by disciplinary counsel and directs appropriate action to determine whether the disability has been removed, including investigation by disciplinary counsel or any other person or an examination by a physician of the respondent’s physical condition or by a mental health professional (as defined by RCW 71.05.020) of the respondent’s mental condition. (e) Board Review. (1) The respondent must have a reasonable opportunity to review any reports of investigations or examinations ordered by the Chair and submit additional materials before the matter is submitted to the Board. (2) On submission, the Board reviews the petition and any reports as expeditiously as possible and takes one or more of the following actions: (A) grants the petition; (B) directs additional action as the Board deems necessary to determine whether the disability has been removed; (C) orders that a hearing be held before a hearing officer or panel under the procedural rules for disciplinary proceedings; (D) directs the respondent to establish proof of competence and learning in the law, which may include certification by the bar examiners of successful completion of an examination for admission to practice; (E) denies the petition; (F) directs the respondent to pay the costs of the reinstatement proceedings; or (G) approves or rejects a stipulation to reinstatement between the respondent and the Association. (3) The petition may be denied without the respondent having an opportunity for a hearing before a hearing officer or panel only if the Board determines that a hearing is not necessary because: (A) the respondent fails to state a prima facie case for reinstatement in the petition; or (B) the petition does not indicate a material change of circumstance since a previous denial of a petition for reinstatement. (f) Petition Granted. If the petition for reinstatement is granted, the Association immediately restores the respondent to the respondent’s prior status and notifies the Supreme Court of the transfer. If a disciplinary proceeding has been deferred because of the disability transfer, the proceeding resumes upon reinstatement. (g) Review by Supreme Court. If the petition for reinstatement is not granted, the respondent may appeal the Board’s decision to the Supreme Court, by filing a notice of appeal with the Clerk within 15 days of service of the Board’s decision on the respondent. Title 12 applies to review under this section. [Adopted effective October 1, 2002.]
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