§ 81.109. Requests for Exemptions and Reconsideration.

 (a)  If the Board denies a lawyer’s request for an exemption from maintenance of an IOLTA Account, the lawyer may, within 30 days of written notice of denial from the Board, request in writing a reconsideration of the Board’s decision. All requests for reconsideration shall set forth in detail additional facts, if any, not brought before the Board in the request for exemption, as well as the reasons, if any, why an exemption should be granted.

 (b)  If the Board has determined that a lawyer is exempt from the requirement of maintaining an IOLTA Account, the lawyer may, within 30 days of written notice from the Board that the lawyer is exempt, request in writing a reconsideration of the Board’s decision. All requests for reconsideration shall set forth in detail facts, if any, why the lawyer should maintain an IOLTA Account, and the manner, if any, in which the Board and the purposes of the IOLTA program will be furthered by the lawyer’s maintenance of an IOLTA Account.

 (c)  Notice shall be deemed to have been given to a lawyer under the provisions of subsections (a) and (b) of this Section 81.109 upon the deposit by the Board, postage prepaid, with the United States Postal Service of its written determination regarding the exemption, if any, of the lawyer from IOLTA.

 (d)  The Board may delegate to its staff or to a committee of the Board the authority to determine exemptions from IOLTA or to reconsider exemption denials or determinations.