Rule 809: Annual Report and Noncompliance

(a)   Annual Report. Every August, OJA will notify each active attorney when the annual report for the preceding compliance period is available. If the report is accurate, the attorney is not required to respond; the report will be filed automatically as the attorney’s annual report. If the report is not accurate, the attorney must notify OJA no later than 30 days after the date of the report.

(b)   Notice of Noncompliance. If it appears an active attorney has not earned the minimum number of CLE credit hours required for a compliance period or has failed to meet the minimum requirements of these rules, OJA will send a notice of noncompliance to the attorney. OJA may send the notice electronically. 

(c)   Cure; Show Cause. No later than 30 days after the date of the notice of noncompliance, the attorney may cure the apparent noncompliance or show cause for an exception to avoid suspension from the practice of law under Rule 810.

(d)   Hearing. No later than 30 days after the date of the notice of noncompliance, an attorney may request a hearing before the Board. An attorney must submit the hearing request to OJA and state the issues the attorney raises. The Board must grant a timely request for a hearing. OJA must not submit the attorney’s name to the Supreme Court for suspension unless the Board recommends suspension after the hearing. If requested, OJA must provide and pay for a record of the hearing.

(e)   Noncompliance Fee. An attorney must pay a noncompliance fee of $75 if either of the following provisions apply:

(1)   report of attendance is electronically received by OJA after July 31 or submitted via U.S. mail postmarked after July 31; or

(2)   the attorney fails to complete the credit hours required under Rule 804(a) within the compliance period.

(f)   Change of Contact or Registration Information. No later than 30 days after a change occurs, an attorney must use the attorney registration portal to update any of the contact or registration information the attorney is required to provide under Rule 206(n).

[History: New rule adopted effective July 1, 2011; Am. (c) and (d) effective December 6, 2012; Am. effective July 1, 2017; Am. effective October 2, 2019; Rule 807 renumbered to Rule 808 and Am. effective April 2, 2021; Rule 808 renumbered to Rule 809 and Am. effective June 1, 2021; Am. effective July 1, 2022.]