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Q & A
WHAT ARE THE MCLE RULES
ON DELINQUENCY?
Under Supreme Court Bar Matter No. 850:
"SECTION 1. What constitutes non-compliance. - The following shall constitute non-compliance:
"SEC. 2. Non-compliance notice and 60-day period to attain compliance. - Members failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to file a response clarifying the deficiency or otherwise showing compliance with the requirements. Such notice shall contain the following language near the beginning of the notice in capital letters:
"Members given sixty (60) days to respond to a Non-Compliance Notice may use this period to attain the adequate number of credit units for compliance. Credit units earned during this period may only be counted toward compliance with the prior compliance period requirement unless units in excess of the requirement are earned, in which case the excess may be counted toward meeting the current compliance period requirement.
"SEC. 2. Listing as delinquent member. - A member who fails to comply with the requirements after the sixty (60) day period for compliance has expired, shall be listed as a delinquent member of the IBP upon the recommendation of the MCLE Committee. The investigation of a member for non-compliance shall be conducted by the IBP's Commission on Bar Discipline as a fact-finding arm of the MCLE Committee.
SECTION 1. Process. - The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance with the MCLE requirement, including payment of non-compliance fee. A member may attain the necessary credit units to meet the requirement for the period of non-compliance during the period the member is on inactive status. These credit units may not be counted toward meeting the current compliance period requirement. Credit units earned during the period of non-compliance in excess of the number needed to satisfy the prior compliance period requirement may be counted toward meeting the current compliance period requirement.
SEC. 2. Termination of delinquent listing is an administrative process. - The termination of listing as a delinquent member is administrative in nature AND it shall be made by the MCLE Committee."
FOR ANY FURTHER QUERIES, PLEASE FEEL FREE TO CONTACT US.
Under Supreme Court Bar Matter No. 850:
"RULE
12
NON-COMPLIANCE PROCEDURES
NON-COMPLIANCE PROCEDURES
"SECTION 1. What constitutes non-compliance. - The following shall constitute non-compliance:
(a) Failure to complete the
education requirement within the compliance period;
(b) Failure to provide attestation of compliance or exemption;
(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period;chan robles virtual law library
(d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of non-compliance notice;
(e) Failure to pay non-compliance fee within the prescribed period;
(f) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements.
(b) Failure to provide attestation of compliance or exemption;
(c) Failure to provide satisfactory evidence of compliance (including evidence of exempt status) within the prescribed period;chan robles virtual law library
(d) Failure to satisfy the education requirement and furnish evidence of such compliance within sixty (60) days from receipt of non-compliance notice;
(e) Failure to pay non-compliance fee within the prescribed period;
(f) Any other act or omission analogous to any of the foregoing or intended to circumvent or evade compliance with the MCLE requirements.
"SEC. 2. Non-compliance notice and 60-day period to attain compliance. - Members failing to comply will receive a Non-Compliance Notice stating the specific deficiency and will be given sixty (60) days from the date of notification to file a response clarifying the deficiency or otherwise showing compliance with the requirements. Such notice shall contain the following language near the beginning of the notice in capital letters:
IF YOU FAIL TO PROVIDE ADEQUATE
PROOF OF COMPLIANCE WITH THE MCLE REQUIREMENT BY (INSERT DATE 60 DAYS
FROM DATE OF NOTICE), YOU SHALL BE LISTED AS A DELINQUENT MEMBER AND
SHALL NOT BE PERMITTED TO PRACTICE LAW UNTIL SUCH TIME AS ADEQUATE
PROOF OF COMPLIANCE IS RECEIVED BY THE MCLE COMMITTEE.
"Members given sixty (60) days to respond to a Non-Compliance Notice may use this period to attain the adequate number of credit units for compliance. Credit units earned during this period may only be counted toward compliance with the prior compliance period requirement unless units in excess of the requirement are earned, in which case the excess may be counted toward meeting the current compliance period requirement.
"RULE
13
CONSEQUENCES OF NON-COMPLIANCE
"SECTION 1. Non-compliance fee. - A member who, for whatever
reason, is in non-compliance at the end of the compliance period shall
pay a non-compliance fee. CONSEQUENCES OF NON-COMPLIANCE
"SEC. 2. Listing as delinquent member. - A member who fails to comply with the requirements after the sixty (60) day period for compliance has expired, shall be listed as a delinquent member of the IBP upon the recommendation of the MCLE Committee. The investigation of a member for non-compliance shall be conducted by the IBP's Commission on Bar Discipline as a fact-finding arm of the MCLE Committee.
"RULE 14
REINSTATEMENT
REINSTATEMENT
SECTION 1. Process. - The involuntary listing as a delinquent member shall be terminated when the member provides proof of compliance with the MCLE requirement, including payment of non-compliance fee. A member may attain the necessary credit units to meet the requirement for the period of non-compliance during the period the member is on inactive status. These credit units may not be counted toward meeting the current compliance period requirement. Credit units earned during the period of non-compliance in excess of the number needed to satisfy the prior compliance period requirement may be counted toward meeting the current compliance period requirement.
SEC. 2. Termination of delinquent listing is an administrative process. - The termination of listing as a delinquent member is administrative in nature AND it shall be made by the MCLE Committee."
FOR ANY FURTHER QUERIES, PLEASE FEEL FREE TO CONTACT US.