Subchapter B. CONTINUING LEGAL EDUCATION BOARD REGULATIONS

 The public properly expects that lawyers, in the practice of the law, will maintain throughout their careers certain standards of professional competence and ethical behavior. These regulations prescribe the standards for the implementation of the Orders of the Supreme Court of Pennsylvania of January 7, 1992, July 1, 1992, August 21, 1992, November 29, 1993, February 1, 1994, June 22, 1994, March 7, 1995, and September 17, 1996, promulgating the Pennsylvania Rules for Continuing Legal Education and mandating continuing legal education requirements for Pennsylvania lawyers. These regulations have been amended several times. As of here and now, the following regulations are in effect.

 Lawyers who are or become registered to practice law in Pennsylvania on or after July 1, 1992, must complete a program of continuing legal education as provided by the rules and these regulations. There shall be no exemptions from this requirement under any circumstance except in the limited instances described in these regulations.

 Every active lawyer shall complete the following annual CLE minimum requirements:

 (a)  Commencing January 1, 1994, the CLE requirement for each compliance group shall be a minimum of one (1) hour of ethics, professionalism, or substance abuse and a minimum of five (5) hours of substantive law, practice and procedure.

 (b)  Commencing September 1, 1994, the CLE requirement for each compliance group shall be a minimum of one (1) hour of ethics, professionalism, or substance abuse and a minimum of eight (8) hours of substantive law, practice and procedure and shall be first applicable to the compliance groups as follows:

 Compliance Group II

August 31, 1995
 Compliance Group III

December 31, 1995
 Compliance Group I

April 30, 1996

 (c)  Commencing September 1, 1995, the CLE requirement shall be a minimum of one (1) hour of ethics, professionalism, or substance abuse and a minimum of eleven (11) hours of substantive law, practice and procedure and shall be first applicable to the compliance groups as follows:

 Group II

August 31, 1996
 Group III

December 31, 1996
 Group I

April 30, 1997

 (d)  CLE credits for ethics, professionalism, or substance abuse may be applied to any substantive law, practice and procedure requirement.

 All active lawyers shall have one (1) year compliance periods. To aid administration of the program, all active lawyers shall be divided into three (3) compliance groups (‘‘Compliance Groups’’).

 The Board will assign all active lawyers into one (1) of three (3) compliance groups by random selection utilizing the attorney identification number. Every lawyer will be notified by the Board following their assignment to a compliance group. The Board will assign newly registered lawyers to a compliance group on a random basis.

 Compliance Group 1 must complete the annual CLE requirement by April 30 of each year.

 Compliance Group 2 must complete the annual CLE requirement by August 31 of each year.

 Compliance Group 3 must complete the annual CLE requirement by December 31 of each year.

 Lawyers newly admitted to practice law in Pennsylvania, including lawyers admitted on motion from other states, shall be exempt from the requirements of these regulations for twelve (12) months but no more than twenty-four (24) months from the date of their Pennsylvania admission depending upon the compliance group to which the newly admitted lawyer is assigned and the compliance period for that group. Newly admitted lawyers shall complete their CLE requirement, including the Bridge the Gap program, by the end of their next succeeding compliance period.

 (a)  General Standards.

   1.  Credit will be given only for completion of CLE activities which are accredited by the Board.

   2.  One (1) hour of credit will be awarded for each sixty (60) minutes of instruction, not including introductory remarks, keynote speeches, luncheon speeches or breaks, but including question-and-answer periods.

   3.  No provider shall schedule a class for less than sixty (60) minutes, but one-half hour credit shall be awarded for attendance of at least thirty (30) minutes but less than sixty (60) minutes beyond the initial sixty (60) minutes.

   4.  Courses offered by an accredited continuing legal education provider shall be presumed to be accredited for the amount of time designated by the provider.

   5.  Courses offered by a provider which is not an accredited continuing legal education provider but which otherwise comply with the rules and these regulations shall be submitted to the Board pursuant to Section 12 of these regulations for review and may be given such credit, if any, as the Board deems appropriate.

   6.  If a course does not bear entirely on any of the subjects of:

     (i)   substantive law, practice and procedure,

     (ii)   lawyer ethics and the rules of professional conduct,

     (iii)   professionalism,

     (iv)   substance abuse as it affects lawyers and the practice of law or the method of presenting the course is below minimum standards, the Board may determine that such course is entitled to no credit or may assign such partial credit as it deems appropriate.

 (b)  Teaching Activity. The Board may assign credit to teaching activities involving courses accredited under the rules and these regulations upon written application describing the teaching activity. The Board will provide forms to be submitted for the approval of teaching credits. Credit for teaching activities will be given on the basis of two hours credit for each hour of presentation where the applicant has prepared quality written materials for use in the presentation. Credit for repeat presentations or presentations without such materials will be given only for the actual time of presentation.

 (c)  Carry Forward Credits. A lawyer may carry forward a balance of credit hours in excess of the current annual CLE requirement for the next two (2) succeeding years. No more than two (2) times the current annual CLE requirement may be carried forward into the two (2) succeeding years. CLE credits for ethics, professionalism or substance abuse may be applied as provided in Section 3(d).

 (d)  In-House Activities. In-house activities will not be approved for CLE credit.

 (e)  Satellite Seminars and Electronic Presentations. Seminars viewed at remote sites by electronic transmission will receive credit if a moderator is present or available by a telecommunication facility. The Board may approve CLE courses consisting solely of television viewing in the home, correspondence work or self study to accommodate the needs of the handicapped or incapacitated.

 (f)  Law School Courses. Law school courses may qualify for CLE credit, computed in accordance with these standards, provided that:

   1.  They would otherwise qualify for credit under the rules and these regulations.

   2.  They [law school courses] are not required in order to qualify for the awarding of a basic law degree. Courses offered towards graduate or advance degrees may receive credit, upon submission of appropriate documentation to the Board. One (1) hour of CLE credit may be given for each approved graduate credit hour awarded by the law school.

   3.  The law school offering the course is a law school accredited by the American Bar Association.

 (g)  Continuing legal education activities conducted by a provider which has not been Accredited by the Board.

 All CLE activities conducted by a provider which has not been accredited by the Board must be individually approved by the Board for credit. A lawyer or non-accredited provider must request approval for such continuing legal education activity under Section 12 of these regulations.

 (h)  Self study. Self study will not be approved for credit.

 (a)  Waiver. The Board may waive the CLE requirements of the rules and these regulations for a period of not more than one (1) year upon a finding by the Board of:

   1.  Undue hardship.

   2.  Circumstances beyond the control of the lawyer which prevent him or her from complying in any reasonable manner with the CLE requirement.

 A waiver may be extended upon application to the Board and Board approval. Upon termination of the waiver, the Board may make such additional CLE requirements as it deems appropriate.

 (b)  Inactive Lawyers. A lawyer on voluntary inactive status shall have his or her compliance deferred while on inactive status. Upon return to active status the lawyer will have twelve (12) months to complete the deferred CLE requirements, not to exceed two (2) times the current annual requirement, in addition to the CLE credit required for the current year.

 (c)  Members of the Judiciary. A member of the judiciary return to active status shall have no deferred CLE requirement, but must complete the current year’s CLE requirement within twelve (12) months of returning to active status.

 (d)  Members of the Armed Forces. Compliance with these regulations shall be deferred for members of the Armed Forces on active duty outside of Pennsylvania during the period of their active duty. Within thirty (30) days after termination of active duty, the lawyer shall notify the Board. The lawyer will have twelve (12) months to complete the deferred CLE requirements, not to exceed two (2) times the current requirement, in addition to the CLE credit required for the current year.

 (e)  Non-Resident Active Lawyer. There shall be a subclassification of active lawyers available to those lawyers who comply with the following:

   1.  An active Pennsylvania lawyer may annually request non-resident active status if he or she neither resides nor practices law in the Commonwealth of Pennsylvania nor represents any Pennsylvania citizen as a client in any court in Pennsylvania at the time of requesting such status. Such request shall contain the lawyer’s agreement that the lawyer will not practice law in Pennsylvania nor represent a Pennsylvania citizen in any court in Pennsylvania so long as the lawyer has non-resident status. Such request shall be in writing on a form approved by the Board, be verified and submitted to the Board along with the applicable filing fee. This procedure and fee are in addition to those which must otherwise be followed and paid by active lawyers.

   2.  Non-resident active status must be renewed annually and will be effective only for the lawyer’s compliance period as designated by the Board. If the non-resident active lawyer shall choose to practice law in the Commonwealth of Pennsylvania or represent any Pennsylvania citizen in any court in Pennsylvania, he or she must immediately notify the Board and shall satisfy the CLE requirement for the lawyer’s current compliance period by attendance at approved CLE courses.

   3.  A violation of the statements in the request or the requirements of the rules or this regulation shall cause the lawyer to be not in compliance with the rules and regulations, and the lawyer shall be placed on inactive status in accordance with the procedures of Section 8 of these regulations.

   4.  During the period the lawyer is on non-resident active status his or her CLE requirements are deferred.

   5.  A lawyer who fails to timely reapply for non-resident active status shall be placed on regular active status by the Board, and the deferral of the CLE requirement shall be cancelled.

   6.  Upon return to active status from non-resident active, the lawyer will have twelve (12) months to complete the deferred CLE requirements, not to exceed two (2) times the current annual CLE requirement, in addition to the CLE credits required for the current year.

 The Board shall maintain current records of CLE attendance for each lawyer to whom the rules and these regulations apply. These records shall be made available as the Board shall determine.

 The Board will notify each lawyer of his or her CLE status prior to the final day of the compliance period to which the lawyer has been assigned and will provide a final compliance notice after the end of the compliance period. The CLE requirement must be completed by the final day of the compliance period to which the lawyer has been assigned. The final compliance notice shall include the hours earned during the compliance period which have been reported by providers and carryover hours.

 If a lawyer shall disagree with the final compliance notice, the lawyer shall within thirty (30) days of the date thereof notify the Board in writing setting forth the matter in dispute.

 Each active lawyer shall maintain records sufficient to establish compliance with the CLE requirement in the event of a dispute with the final compliance report.

 (a)  If a lawyer fails to comply with any requirement under the rules or these regulations, the Board will send the lawyer a notice of noncompliance.

 (b)  Such notice shall specify the nature of the lawyer’s noncompliance. Within thirty (30) days of the date of the notice, the lawyer shall either file evidence of compliance or request a hearing. The lawyer must within sixty (60) days from the date of the notice comply with the requirements of the rules and these regulations. In addition, the lawyer shall pay a late fee as required by the Board.

 (c)  If the lawyer fails to comply with the requirements of paragraph (b), the Board shall file a report of the lawyer’s noncompliance with the Supreme Court, recommending that the lawyer be placed on inactive status.

 (d)  If the lawyer is able to provide sufficient evidence to establish compliance, the Board may, nevertheless, assess the lawyer a late fee.

 (e)  Credit hours earned shall be first applied to satisfy the requirements of the compliance period which was the subject of the notice to the lawyer before any excess credits earned during the notice period may be applied to subsequent requirements.

 (f)  If, in response to the notice of noncompliance, the lawyer timely files a request for a hearing, the Board shall schedule a hearing. The hearing may be conducted by one (1) or more members of the Board or a hearing officer, who should be a lawyer appointed by the Chair of the Board. If the hearing is conducted by more than one (1) person, the Chair of the Board shall designate the person who will act as the presiding hearing officer. The hearing shall be held at least ten (10) days after written notice to the lawyer. Within thirty (30) days after the hearing, the hearing person or body shall submit to the Board findings of fact, conclusions of law and a recommendation which may be approved, modified or rejected by the Board, and no recommendation shall become the finding or determination of the Board until ordered by the Board. Regardless of who conducts the hearing, the findings and determination of the Board shall have the same effect as if the hearing had been conducted by the Board.

 (g)  The Board may engage special independent counsel to investigate and prosecute to conclusion charges of noncompliance by a lawyer. Fees and expenses of the special independent counsel shall be paid in the first instance by the Board but in cases of a finding of noncompliance, all or a portion of these fees may, at the discretion of the Board, be assessed to the noncomplying lawyer.

 (h)  If the Board finds that the lawyer was in compliance with the requirements of the rules and these regulations, the lawyer shall be notified and a late filing fee may be assessed at the discretion of the Board.

 (i)  If the Board finds that the lawyer was not in compliance with the requirements of the rules or these regulations, the Board shall carry out the provisions of paragraph (c) if the requirements of paragraph (b) are not complied with. The Board may assess the costs of the hearing, including the compensation of the hearing officer, room rental, depositions and other hearing expenses upon the lawyer.

 (j)  If the Board finds that the lawyer had reasonable cause for noncompliance, the lawyer shall have sixty (60) days from the date of notice of the Board’s decision to correct the noncompliance. The Board may waive the late filing fee if it so determines. If compliance is not achieved within the sixty (60) day period, the Board shall proceed as provided in paragraph (c).

 (k)  All hearings shall be public. Witnesses shall be sworn and a complete electronic record or a transcript may be made. The presiding hearing officer shall have authority to rule on all motions, objections and other matters presented.

 (l)  In investigations and proceedings under the rules and these regulations, the Board shall have power to issue subpoenas and cause testimony to be taken under oath before the Board, Board member(s), or hearing examiner appointed by the Board. All subpoenas shall be issued in the name and under the seal of the Supreme Court and served as provided by the Rules of Civil Procedure. Fees and costs of the subpoenas shall be paid from the funds of the Board or taxed as costs, as determined by the Board.

 (m)  The Board may order the testimony of a witness to be taken by deposition within or without this Commonwealth in the manner prescribed for the taking of depositions in civil actions and the depositions may be used to the same extent as permitted in civil actions.

 (n)  The hearing shall result in findings of fact, conclusions of law and recommendations for action with respect to: (1) the lawyer’s compliance or noncompliance with the requirements of the rules and these regulations, and (2) a determination of the existence of reasonable cause in the event of a finding of noncompliance. A copy of the same shall be sent to the lawyer.

 (a)  A lawyer placed on inactive status for noncompliance under the rules and these regulations may petition the Disciplinary Board of the Supreme Court of Pennsylvania for reinstatement to active status pursuant to the Disciplinary Rules. Upon written request of the lawyer seeking reinstatement, the Board shall certify to the Disciplinary Board whether the lawyer is in compliance. Only verified attendance at sufficient hours of approved CLE activities for the current compliance year and the two most recent compliance years, plus payment of all fees, shall constitute compliance with the requirements of the rules and these regulations.

 (b)  Within thirty (30) days after service of the written request for certification, the Board shall make a determination regarding compliance and advise the Disciplinary Board and the lawyer in writing as to the determination.

 (c)  Upon reinstatement, the lawyer shall pay the Board’s reinstatement fee.

 The first compliance period for a lawyer who is reinstated as an active lawyer following an involuntary transfer from active status for noncompliance under the rules and these regulations or a suspension or disbarment or following resignation shall start on the date of reinstatement and shall end at the conclusion of the lawyer’s current compliance period.

 (a)  Application may be made for accreditation as an Accredited Continuing Legal Education Provider by submitting the appropriate form to the Board and paying the required fee.

 (b)  The grant of accreditation shall be effective for a period of two (2) years from date of the grant. The accreditation may be continued for an additional two (2) year period as follows:

   1.  The accredited status of a Certified Continuing Legal Education Provider may be continued by filing an application and paying the required fee with the Board before the end of the provider’s accreditation period.

   2.  The Board shall determine if there are pending or past breaches of the rules or these regulations, and the Board, at its discretion, may condition continuation upon the provider meeting additional requirements specified by the Board.

   3.  If an application for continuation is timely filed, the accredited status shall continue until the Board acts on the application for continuation.

   4.  If an application for continuation is not filed before the end of the provider’s accreditation period, the provider’s accredited status will terminate at the end of the period. Any application received thereafter shall be considered by the Board as an initial application for accredited provider status.

 (c)  Accredited Continuing Legal Education Provider status may be revoked by the Board if the reporting requirements of these regulations are not met or if, upon review of the provider’s performance, the Board determines that content of the course material or the quality of the CLE activities or provider’s performance does not meet the standards set forth in the rules and these regulations.

 (d)  Accredited Continuing Legal Education Provider status may be granted at the discretion of the Board to applicants satisfying the following requirements:

   1.  The provider has presented, within the past two (2) years, five (5) separate programs of CLE which meets the standards of quality set forth in the rules and these regulations, or

   2.  The provider has demonstrated to the Board that its CLE activities have consistently met the standards of quality set forth in the rules and these regulations, or

   3.  Is an American Bar Association accredited law school.

   4.  The person or persons responsible for provider’s compliance with the Pennsylvania CLE requirements shall successfully complete a course of training established by the Board and administered by the Board staff.

   Training by the CLE Board staff will include: Rules and Regulations, provider reporting requirements, accreditation standards, compliance groups, deadlines, requirements for compliance, fee payment, and record keeping requirements.

   The Board may require Accredited Providers to complete a course of training prior to continuation of the provider’s accredited status.

 (e)  Providers granted such status shall file two (2) written reports with the Board each year at times fixed by the Board. These reports shall describe the CLE activities conducted during the prior six (6) months and shall be in such detail and form as required by the Board.

 (f)  Providers shall file with the Board an announcement of each CLE activity on a form provided by the Board prior to the presentation of a CLE activity.

 (g)  The Board shall accredit for profit corporations and associations as CLE providers in accordance with the rules and these regulations. Such accreditation of a for profit provider shall be effective on and after January 1, 1997. CLE credit will only be given for CLE courses offered and conducted outside the territory of Pennsylvania by accredited for profit corporations or associations. On and after September 1, 2000, CLE credit can be given for CLE courses offered by accredited for profit corporations or associations without regard to the geographic location of the course.

 (h)  The provider shall have available a financial hardship policy for attorneys who wish to attend its courses, but for whom the cost of such courses would be a financial hardship. Upon request by the Board, the provider must produce the detailed financial hardship policy. The policy may be in the form of scholarships, waivers of course fees, reduced fees, or discounts.

 A provider of CLE activities which has not qualified as an Accredited Continuing Legal Education Provider or a lawyer may apply for accreditation of a single CLE activity on a form provided by the Board. The Board may require submission of a detailed description of the provider, the course, the course materials and the lectures.

 (a)  Application for accreditation of a single CLE activity should be submitted prior to the date of presentation of the activity if possible. Application for retroactive approval must be made within two (2) years of the date of presentation. CLE activities held before January 1, 1994 will not be approved.

 (b)  Publication that the CLE activity has been accredited is prohibited unless prior written approval is granted by the Board.

 (c)  The CLE activity must meet the standards set forth in the rules and these regulations.

 (d)  The Board shall accredit courses offered and conducted outside the territory of the Commonwealth of Pennsylvania by for profit corporations or associations where such courses meet the requirements of the rules and these regulations. Such accreditation shall apply to courses to be conducted on and after January 1, 1997. The Board shall accredit courses offered on and after September 1, 2000 without regard to the geographic location of the course when such courses otherwise meet the requirements of the rules and these regulations.

 All CLE activities approved for credit shall meet the following standards:

 (a)  The activity shall have significant intellectual or practical content, the primary objective of which is to improve the participants’ professional competence and ethical behavior.

 (b)  The activity shall be an organized program of learning to deal with matters directly related to subjects which satisfy the objectives of the rules and these regulations.

 (c)  Each CLE activity shall be open to all lawyers thought to be interested in the subject matter and there shall be no attendance restrictions, except as may be permitted by the Board, upon application from a provider, where:

   1.  Attendance is restricted on objective criteria for a bona fide educational objective to enhance the CLE activity.

   2.  Attendance is restricted due to applicable State or federal law.

   3.  Membership in the provider organization is open to all interested lawyers, on reasonable non-discriminatory basis and cost.

 (d)  The program leaders or lecturers shall be qualified with the necessary practical and/or academic experience necessary to conduct the program effectively.

 (e)  Each attendee shall be provided with thorough, high quality and carefully prepared written course materials before or at the time of the activity. Although written materials may not be appropriate to all courses, they are expected to be utilized whenever possible.

 (f)  The activity must be presented in a suitable setting, conducive to a good educational environment, which provides attendees with adequate writing space or surface.

 (g)  Upon request by the Board, the provider shall submit to the Board information concerning the activity, including the brochure describing the activity and the qualifications of anticipated speakers, the method or manner of presentation of materials, and, if requested, a set of the materials, as required by Rule 106(c)(3)(b).

 (h)  The provider shall develop and implement methods to evaluate its course offerings to determine their effectiveness and the extent to which they meet the needs of lawyers and, upon a request from the Board, provide course evaluations by the attendees on such forms as the Board shall approve.

 (i)  The Board will take into consideration the special needs of handicapped and incapacitated lawyers in gaining access to and participation in CLE activities. The Board shall require providers to make reasonable accommodations for handicapped and incapacitated lawyers.

 (j)  Self study will not be approved for CLE credit.

 (k)  In-house activities will not be approved for CLE credit.

 (l)  Seminars viewed at remote sites by electronic transmission, will receive credit if a moderator is present by a telecommunication facility. The Board may approve CLE courses consisting solely of television viewing in the home, correspondence work or self study to accommodate the needs of the handicapped or incapacitated.

 (m)  The provider shall monitor the CLE activity for attendance and certify such attendance to the Board.

 Accredited Continuing Legal Education Providers and providers of CLE activities which are accredited in accordance with the rules and these regulations are required to take attendance and to report attendance at each accredited activity to the Board and pay the fees required by Section 18 within thirty (30) days of the completion of the accredited course or activity. This report will be on a form prescribed by the Board. The procedure for completing and filing such reports shall be determined by the Board.

 (a)  Accreditation. Where a CLE activity has been accredited or the activity is offered by an Accredited Continuing Legal Education Provider, the provider shall announce, in its brochures and/or registration materials: ‘‘This program has been approved by the Pennsylvania Continuing Legal Education Board for [applicable] hours of substantive law, practice and procedure CLE credit and [applicable] hours of ethics, professionalism or substance abuse CLE credit.’’

 (b)  CLE Activities. Providers are encouraged to widely advertise CLE activities. The Board will make mailing lists of lawyers and its automated telephone service of upcoming CLE activities available to Accredited Continuing Legal Education Providers. The Board may impose a charge for such services.

 (a)  All providers of CLE activities, including Accredited Continuing Legal Education Providers, shall, as a condition of accreditation, agree to remit a fee for each active lawyer attending the activity. The fee shall be remitted within thirty (30) days after the activity is held, together with the attendance report required by Section 14. The amount of the fee shall be fixed annually by the Board.

 (b)  The Board may impose late charges on providers for failure to meet the requirements of the rules or these regulations.

 (c)  If a provider shall fail to pay any fee or cost established by the Board when due, upon ten (10) days written notice from the Board to the provider, the Board may suspend or terminate the accreditation of the provider or cancel accreditation of any or all of the provider’s CLE activities.

 (d)  If a provider fails to pay to the Board the provider fees required by the Board, the lawyers who attended these accredited activities and who are seeking credit for such attendance, may, in the discretion of the Board, be required to pay the designated fee before receiving such credit.

 The files, records and proceedings of the Board as they relate to or arise out of any alleged failure of a lawyer to satisfy the requirements of the rules or these regulations shall be deemed confidential and shall not be disclosed except in furtherance of the duties of the Board or upon the request of the lawyer affected or as they may be introduced in evidence or otherwise produced in proceedings under these regulations.

 Following is a schedule of fees established by the Board to be paid by providers and lawyers. This schedule will be reviewed annually by the Board and may be modified at any time upon approval by the Pennsylvania Supreme Court.

   The provisions of this Section 18 amended November 16, 1992, effective immediately, 22 Pa.B. 5756; amended March 8, 1996, effective March 9, 1996, 26 Pa.B. 984; amended August 2, 1996, effective August 3, 1996, 26 Pa.B. 3624; amended January 24, 1997, effective January 25, 1997, 27 Pa.B. 411; amended October 12, 2000, effective immediately, 30 Pa.B. 5527; amended June 5, 2001, effective immediately, 31 Pa.B. 3305. Immediately preceding text appears at serial pages (269441) to (269442).