ADKT 303.Supreme Court of Nevada.
December 21, 1999.
ORDER AMENDING SUPREME COURT RULES 208 (9), 212 (2), 213, AND 215.
Pursuant to a petition filed by the Board of Continuing Legal Education, and it appearing to the court that amendment of the Supreme Court Rules governing Continuing Legal Education is warranted,
IT IS HEREBY ORDERED that Rules 208 (9), 212 (2), 213, and 215 of the Supreme Court Rules be and hereby are amended as set forth in Exhibit A.
IT IS FURTHER ORDERED that the rules as amended shall become effective January 1, 2000. The clerk of this court shall cause a notice of entry of this order to be published in the official publication of the State Bar of Nevada. Publication of this order shall be accomplished by the clerk disseminating copies of this order to all subscribers of the advance sheets of the Nevada Reports and all persons and agencies listed in NRS 2.345, and to the executive director of the State Bar of Nevada. The certificate of the clerk of this court as to the accomplishment of the above-described publication of notice of entry and dissemination of this order shall be conclusive evidence of the adoption and publication of the foregoing amended rules.
DATED this 21st day of December, 1999.
BY THE COURT
ROBERT E. ROSE, Chief Justice, CLIFF YOUNG, Associate Justice, A. WILLIAM MAUPIN, Associate Justice, MIRIAM SHEARING, Associate Justice, DEBORAH A. AGOSTI, Associate Justice, MYRON E. LEAVITT Associate Justice, NANCY A. BECKER, Associate Justice.
EXHIBIT A AMENDMENTS TO RULES 208 (9), 212 (2), 213, AND 215 OF THE SUPREME COURT RULES Rule 208. Powers and duties of board. The board shall administer these Rules. Without limiting the generality of this duty the board has the following specific powers and duties:
1. To accredit individual courses and all or portions of programs of continuing legal education which, in the judgment of the board, will satisfy the educational requirements of these Rules, according to regulations adopted by the board.
2. To grant accredited sponsorship status to certain sponsors of continuing legal education courses or programs, on such terms or conditions as the board may deem appropriate, according to regulations adopted by the board.
3. To determine the number of hours of credit each participant shall be entitled to receive for attendance or participation in each accredited course or educational activity, according to regulations adopted by the board.
4. To discover and encourage the offering of courses and programs which will satisfy the educational requirements of these Rules, whether offered within or without the State of Nevada.
5. To adopt, publish and enforce regulations pertinent to these powers and duties.
6. To adopt bylaws to govern the internal conduct of its affairs.
7. With the approval of the board of governors, to establish its own offices and employ such persons as the board deems necessary for the proper administration of these Rules.
8. To report at least annually to the board of governors and to the court concerning its activities and, from time to time, to make recommendations to the board of governors or to the court concerning these Rules.
9. To collect an annual fee from each active member except from any active member entitled to an exemption under Rule 214 (1) or any active member serving in the state judiciary. The amount of the annual fee is [$30] $40, unless otherwise ordered by the court. The fee must be paid to the board on or before March 1st of the calendar year for which the fee is required to be paid. Failure to pay the fee when due subjects the delinquent member to the same sanctions as if the member failed to comply with Rule 210 or 211. The fee must be utilized for the cost of administration by the board of these Rules.
10. To sue and be sued in its own name, and to carry out and defend the purposes, duties and powers imposed upon or granted to the board in these Rules.
On the application of any member of the state bar or on its own motion, the court may disapprove or modify any regulations and bylaws adopted by the board and forms utilized by the board.
Rule 212. Procedure in event of noncompliance.
1. If an active member fails to file the report required under Rule 211, or the report filed by the member reveals that the member has not met the minimum requirements of continuing legal education set forth in Rule 210, the procedure set forth in subsections 2 to 5, inclusive, must be followed.
2. The board shall, on or before April 1, give written notice of noncompliance to the member, by certified or registered mail, at the member’s last known address as shown on the roll of membership of the state bar. The notice of noncompliance must contain:
(a) A statement of the manner in which the member has failed, or appears to have failed, to comply with Rule 210 or Rule 211 or both;
(b) A notice that the member must file with the board a report on or before June 1 of the year in which the notice is given, showing that the member has cured the failure specified, accompanied by a late fee of [$25] $30 made payable to the board; and
(c) A notice of the consequences provided in subsections 5 and 6.
3. At any time prior to 5 p.m. on the first Monday in June, of the year in which compliance is required, the member may request a hearing before the board. The request must be filed with the board in writing. The request shall be verified and must specify:
(a) That the member has in fact complied with Rules 210 and 211; or
(b) That the member is entitled to an exemption under Rule 214, and the nature of the exemption to which the member is entitled.
4. Within 30 days after receipt by the board of the request, the board, or a panel designated by the chairman of the board consisting of no less than three of its members, shall hold a hearing. The judicial member of the board shall sit on any hearing panel convened as a result of such a request by any member of the judiciary. At this hearing, the member has the burden to show by a preponderance of the evidence cause why the member’s status should not be changed from active to inactive. Within 30 days after the date of the hearing, the board shall make its findings of fact and conclusions of law, as well as proposed orders or recommendations pursuant to such findings and conclusions. If the board finds and concludes that the status of the member should be changed from active to inactive, the member may, within 30 days after service of such findings and conclusions by the board upon the member by mail, request the court to review the factual and legal sufficiency of the findings and conclusions. This request must be made by filing a verified petition for review with the clerk of the court, and service of the petition upon the board. The court, after its review, may change the status of the member from active to inactive, make such a change of status conditional as the court deems appropriate, or determine that no change of status is warranted.
5. If the member fails to comply as required in the notice within the time specified in the notice, or the member fails to file a report of compliance, or the member fails to pay the fee required concurrently with the filing of the report of compliance, and the member does not request a hearing pursuant to subsection 3, the board may, on notice to the member, move the court to place the member on inactive status.
6. A member whose status is changed from active to inactive pursuant to these Rules is not entitled to engage in the practice of law in the State of Nevada until such time as the member is reinstated to the status of an active member.
Rule 213. Reinstatement to active status. If an active member has become an inactive member as a result of noncompliance with all or any portion of these Rules, the member may be reinstated to the status of an active member by filing with the board a reinstatement application, properly verified, in a form approved by the board, stating that the inactive member has completed a minimum of 10 hours of accredited educational activity within the period of 12 months immediately preceding the filing of the application with the board. The reinstatement application must be accompanied by a fee of [$25] $250 in addition to the annual fee required to be paid for the year in which reinstatement is sought. If the reinstatement report appears satisfactory to the board, the board shall notify the clerk of the court and the state bar that the inactive member has completed the requirements for reinstatement, and, so long as the sole condition of reinstatement is compliance with Rule 213, the inactive member shall become automatically reinstated to the status of an active member upon receipt by the clerk of the court of the notice from the board stating that the member has complied with the requirements of this Rule.
Rule 215. Petitions for relief. Petitions for relief under these Rules shall conform, so far as practicable, to the procedure prescribed in N.R.A.P. 21. Should a member of the bar and the board consent to the dismissal of any petition to the court, the member shall pay to the board, in addition to any fees owed to the court, a fee of $100 to process a consent for the applicable year.