APR 12 - Limited Practice Rule for Limited Practice Officers

Comments for APR 12 must be received no later than April 30, 2015.


GR 9 COVER SHEET
Suggested Amendments

RULE 12 OF THE ADMISSION AND PRACTICE RULES (APR),
APPENDIX APR 12. REGULATIONS OF THE APR 12 LIMITED PRACTICE BOARD, RULES 15.5 AND 15.6 OF THE RULES FOR ENFORCEMENT OF LIMITED PRACTICE OFFICER CONDUCT, AND CONTINUING EDUCATION REGULATIONS OF THE LIMITED PRACTICE BOARD

Purpose: The primary purpose for the suggested amendments to the rules related to Limited Practice Officers (LPOs) is to improve the efficiency of the regulatory process, remove limitations related to the use of technology, and to improve the overall administration of the LPO program by the Washington State Bar Association. In addition, there are a few house-cleaning items and some minor adjustments to the substantive requirements. The proposed amendments are summarized as follows:

APR 12

  • Include fitness to act as an LPO in addition to good moral character, similar to what is required of lawyer applicants.
  • Update the language regarding submission of the application to allow for an online format of the application.
  • Change the continuing education reporting year to the “license year” (July through June) rather than the calendar year so that all parts of the license renewal process occur at the same time.
  • Include submission of a trust account declaration in the continuing certification requirements.
  • Reference and incorporate GR 12.4 for records disclosure and include in the rule instead of the regulations.
Appendix APR 12. Regulations of the APR 12 Limited Practice Board

  • Update the language regarding submission of the application to allow for an online format or submission of the application.
  • Remove the transfer process and supplemental application for simplicity.
  • Allow for modification of the application deadline by the Board.
  • Include government indemnity as a means of showing financial responsibility.
  • Change the deadline for the annual license renewal to provide 30 days before a late fee is assessed.
  • Establish a 30 day notice for suspension and revocation (no time frame currently).
  • Establish one annual deadline for continued financial responsibility reporting (currently different processes and dates for different methods).
  • Include requirement for filing a trust account declaration in the regulations and establish an administrative suspension for not filing the declaration (reserve disciplinary process for mishandling funds).
  • Change the continuing education reporting year to the “license year” (July through June) rather than the calendar year so that all parts of the license renewal process occur at the same time.
  • Remove requirement of BOG approval of amendments to the regulations to make rulemaking authority consistent with APR 12.
  • Delete records disclosure section from regulation and include in rule (see APR 12 above).
ELPOC 15.5 Trust Account Declaration

  • Simplify ELPOC 15.5(a) regarding filing a trust account declaration.
  • Modify 15.5(b) to remove disciplinary sanction for not filing the declaration and instead include an administrative suspension in the regulations for failure to file the trust account declaration. But if an audit of the account is needed, the Limited Practice Board retains that authority.
  • Remove requirement of BOG approval of amendments to the ELPOC to make rulemaking authority consistent with APR 12.
Continuing Education Regulations

  • Change the continuing education reporting year to the “license year” (July through June) rather than the calendar year so that all parts of the license renewal process occur at the same time.
  • Eliminate the hearing procedure which is not used and not practical for a one year reporting period.
 

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