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                                     RULE 11.6
                              REPORTS AND ENFORCEMENT


     (a) Reporting and Other Activities.

          (1)  Sponsor Reports.  The sponsor of each approved program (or each
          program for which approval is sought) must make available attendance
          reports to be completed by those lawyers in attendance to show the
          actual time spent by each lawyer in attendance.  The form of the
          reports will be determined by the MCLE Board.  The sponsor must send
          a report, consisting of a compilation of the information contained in
          these forms, to the Bar Association not later than 30 days after
          conclusion of the program.

          (2)  Other Activities.  Consistent with the provisions of Appendix
          APR 11 Regulations, in the case of some programs for which approval
          has not been sought or obtained by the sponsor, or for other
          activities which may qualify for CLE credit under these rules,
          individual lawyers may apply for credit by direct application to the
          MCLE Board, using the form or forms specified by the MCLE Board for
          that purpose.

          (3)  Member Credit Status Reports.

               (A)  Not later than July 1 of each year, the Bar Association
               shall advise each active member and other lawyers required to
               report in the current reporting cycle of the number of earned
               credit hours reflected in that lawyer's records with the Bar Association.

                    (i) If the lawyers do not request changes to their records
                    within forty-five days of the mailing of the report, the
                    reported credits will be deemed correct.

                    (ii) After 45 days, the records may be changed upon a
                    showing of good cause.

               (B)  By not later than December 15 of each year, a similar
               report shall be provided to all active members and other lawyers
               required to report continuing education credits.

     (b)  Compliance Certification.  Each active member or other lawyer
     required to complete and report continuing legal education requirements
     must submit an MCLE compliance certification form by February 1 following
     the end of the lawyer's three-year reporting period or as approved by the
     MCLE Board pursuant to rule 11.4.  If a lawyer has not completed the
     minimum education requirement for that lawyer's reporting period, the
     lawyer may complete and return to the MCLE Board a petition, which shall
     be accompanied by a declaration(s) or affidavit(s) in support of the
     request, for an extension of time to complete the requirements.  If the
     petition is approved, the lawyer shall make up the deficiency, file a
     supplemental report with the Bar Association, and pay a late filing fee by
     the date set forth in the agreement or order extending the time for compliance.

     (c)  Delinquency.  Any lawyer required to do so who has not complied by
     the certification deadline, or by the date set forth in an agreement or
     order extending the time for compliance, may be ordered suspended from the
     practice of law by the Supreme Court.

          (1)  Pendency Notice.  The MCLE Board shall send a written notice of
          the pendency of suspension proceedings by certified mail to any
          lawyer who has not complied with either the educational or
          certification requirements of APR 11 and the Appendix APR 11
          Regulations by the certification deadline for that lawyer's reporting
          period or extended deadline granted by the MCLE Board.  It will be
          sent to the lawyer's address of record with the Bar Association. The
          notice shall advise the member of the pendency of suspension
          proceedings and state that the MCLE Board will recommend suspension
          of the lawyer's license to practice law unless the lawyer becomes
          compliant or completes and returns to the MCLE Board a petition for
          extension of time, exemption from compliance, or ruling of complete
          compliance as set forth below.  The MCLE Board shall include with the
          pendency notice a copy of the form of petition to be used.

          (2)   Petition  for  extension, waiver, modification or finding of compliance.

               (A)  Timing.  Within 10 days of receipt of the pendency notice,
               a lawyer may complete and return to the MCLE Board a petition
               requesting an extension of time, a waiver of compliance,
               modifications to the requirements, or ruling by the MCLE Board
               of compliance with the standard requirements.

               (B)  Supporting documents. The petition may be accompanied by
               supporting affidavit(s) or declaration(s).

           (3)  No timely petition filed; suspension recommendation.  Unless
          such petition is filed, the noncompliance is deemed agreed.  The MCLE
          Board shall report the lawyer's noncompliance to the Supreme Court
          with its recommendations for appropriate action. The Supreme Court
          shall enter such order, as it deems appropriate.  The provisions of
          RAP 17.4 and RAP 17.5 shall apply to any motion for reconsideration
          of such order.

          (4)  Petition Filed.  If such petition is filed, in its consideration
          of the petition, the MCLE Board shall consider factors of undue
          hardship, age, or disability.  One of the following shall result from
          consideration of a petition:

               (A)  Approval without hearing.  The MCLE Board may, in its
               discretion, approve the petition without hearing, or

               (B)  Agreement with lawyer. The MCLE Board may enter into
               agreement on terms with such lawyer as to time and requirements
               for achieving compliance with the provisions of APR 11.2(a) and
               APR 11.6(b) or

               (C) Hearing on petition. If the MCLE Board does not approve such
               petition or enter into an agreement with terms, the MCLE Board
               (or a subcommittee of one or more MCLE Board members) shall hold
               a hearing upon the petition.

                    (i)  The Board shall give the lawyer at least 10 days
                    notice of the time and place thereof.

                    (ii)  Testimony taken at the hearing shall be under oath,
                    and an audio or stenographic record will be made at the
                    request and expense of the lawyer.  The oath shall be
                    administered by the chairperson of the MCLE Board or the
                    chairperson of the subcommittee.

                    (iii)  For good cause shown the MCLE Board may rule that
                    the lawyer has substantially complied with these rules for
                    the reporting period in question or, if he or she has not
                    done so, it may grant the lawyer an extension of time
                    within which to comply upon terms deems appropriate.

                    (iv)  For each hearing, the MCLE Board shall enter written
                    findings of fact and an appropriate order. The MCLE Board
                    shall mail a copy of the findings and order forthwith to
                    the lawyer at the address on file with the Bar Association.

                    (v)  The MCLE Board's order is final unless within 10 days
                    from the date thereof the lawyer files a written notice of
                    appeal with the Supreme Court and serves a copy of on the
                    Washington State Bar Association.  The lawyer shall pay to
                    the Clerk of the Supreme Court a docket fee of $250.00.

     (d)  Review by the Supreme Court.  Within 15 days of filing  a notice with
     the Supreme Court for review of the MCLE Board's findings and order, after
     a non-compliance petition hearing, the lawyer shall cause the record or a
     narrative report in compliance with RAP 9.3 to be transcribed and filed
     with the Bar Association.

          (1)  The MCLE Board chairperson or chairperson of the subcommittee
          shall certify that any such record or narrative report of proceedings
          contains a fair and accurate report of the occurrences in and
          evidence introduced in the cause.

          (2)  The MCLE Board shall prepare a transcript of all orders,
          findings, and other documents pertinent to the proceeding, before the
          MCLE Board, which must be certified by the MCLE Board chairperson or
          chairperson of the subcommittee.

          (3)  The MCLE Board shall then file promptly with the Clerk of the
          Supreme Court the record or narrative report of proceedings and the
          transcripts pertinent to the proceedings before the MCLE Board.

          (4)  The matter shall be heard in the Supreme Court pursuant to
          procedures established by order of the Court.

     (e)  Time. The times set forth in this rule for filing notices of appeal
     are jurisdictional. The Supreme Court, as to appeals pending before it,
     may, for good cause shown:

          (1)  Extend the time for the filing or certification of said record
          or narrative report of proceedings and transcripts; or

          (2)  Dismiss the appeal for failure to prosecute the same diligently.

     (f)  Costs. If the lawyer prevails in his or her appeal before the Supreme
     Court, the lawyer shall be awarded costs against the Bar Association in an
     amount equal to his or her reasonable expenditures for the preparation of
     the record or narrative report of proceedings.

     (g)  Change of Status. Once a lawyer has been ordered suspended from
     practice for noncompliance with these rules, the lawyer affected must
     comply with the then applicable regulations of the MCLE Board and the WSBA
     Bylaws in order to return to active status.


[Amended effective May 14, 1982; September 1, 1992; January 1, 2001; January 1, 2009.]
	

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