7.1Reports. Every active member shall electronically certify and submit their completed compliance report on or before May 31 of the year the active member's reporting period ends.7.2 Recordkeeping.(a) Every active member shall maintain records of participation in CLE activities for use in completing a compliance report and shall retain these records for a period of twelve months after the end of the member's reporting period.(b) The MCLE Program Manager may maintain records of active members' participation in CLE activities as necessary to verify compliance with the MCLE requirement. 7.3Audits of Bar Members.(a) The MCLE Program Manager may audit compliance reports selected because of facial defects or by random selection or other appropriate method.(b) For the purpose of conducting audits, the MCLE Program Manager may request and review records of participation in CLE activities reported by active members.(c) Failure to substantiate participation in CLE activities in accordance with applicable rules and regulations after request by the MCLE Program Manager shall result in disallowance of credits for the reported activity and, in certain situations, assessment of the late filing fee specified in MCLE Regulation 7.200.(d) The MCLE Program Manager shall refer active members to the Oregon State Bar Disciplinary Counsel for further action where questions of dishonesty in reporting occur.7.4Suspension for Noncompliance.(a) Grounds. The following are considered grounds for a finding of noncompliance with the MCLE Rules and Regulations:(1) Failure to complete the MCLE requirement for the applicable reporting period.(2) Failure to electronically certify and submit a completed compliance report on time.(3) Failure to provide sufficient records of participation in CLE activities to substantiate credits reported, following request by the MCLE Program Manager.(b) Notice and Suspension. The Chief Executive Officer of the Oregon State Bar shall provide written notice to any member found noncompliant under subsection (a). The notice shall set out a reasonable time to either request review of the noncompliance determination or to cure the noncompliance. The notice shall be sent to the member's electronic mail address on file with the bar or, for any member not required to have an electronic mail address on file with the bar under the Rules of Procedure, to that member's mailing address on file with the bar. If the member fails to cure the noncompliance as required in MCLE Rule 7.5, and pay the late fee specified in MCLE Regulation 7.200 within the time allowed to cure as stated in the notice, the member is automatically suspended. The member may request review of the suspension under MCLE Rule 7.5(f) if the member believes the suspension is in error.(c) The Chief Executive Officer shall provide the names of all members suspended under this section to the State Court Administrator for forwarding to the judges of the Supreme Court, and also shall provide the names to each of the judges of the Court of Appeals, circuit and tax courts of the state. 7.5Cure and Review.(a) Noncompliance for failure to comply with the MCLE Rules and Regulations as described in MCLE Rule 7.4(a)(1) or (2) can be cured by performance of the following actions no later than the deadline set out in the notice of noncompliance:(1) Completing the credit hours necessary to satisfy the MCLE requirement for the applicable reporting period;(2) Electronically certifying and submitting the completed compliance report; and(3) Paying the late filing fee specified in MCLE Regulation 7.200.(b) Noncompliance for failure to comply with the MCLE Rules and Regulations as described in MCLE Rule 7.4(a)(3) can be cured by providing the MCLE Program Manager with the requested records, together with the late fee specified in MCLE Regulation 7.200, no later than the deadline set forth in the notice of noncompliance.(c) Credit hours applied to a previous reporting period for the purpose of curing noncompliance as provided in MCLE Rule 7.5(a) may be used for only that purpose and may not be used to satisfy the MCLE requirement for any other reporting period.(d) If the MCLE Program Manager determines that noncompliance has been cured, then the Manager shall notify the affected member that the member has complied with the MCLE Rules and Regulations for the applicable reporting period. Curing noncompliance does not prevent subsequent audit and action specified in MCLE Rule 7.3.(e) If a member believes that there is a factual error in a notice of noncompliance or an automatic suspension under MCLE Rule 7.4(b), the member may request a review by the Chief Executive Officer of the Oregon State Bar. To request review, the member shall submit a written letter to the MCLE Program Manager that states the decision to be reviewed and sets out the reasons for requesting review. The member also may submit additional materials as part of the request for review, establishing compliance with the MCLE Rules and Regulations. The Chief Executive Officer may vacate a notice of noncompliance or a suspension upon review of a member's request if clear and convincing evidence establishes that that the member complied with the MCLE Rules and MCLE requirements. The MCLE Program Manager shall provide the member with the Chief Executive Officer's decision on review.7.6Suspension. If the noncompliance is not cured within the deadline specified in the notice of noncompliance, the MCLE Program Manager shall recommend to the Supreme Court that the affected active member be suspended from membership in the bar.7.7Audits of Sponsors.(a) The MCLE Program Manager may audit sponsors of CLE activities for compliance with these MCLE Rules and Regulations.(b) The MCLE Program Manager may request materials and information related to the sponsor's CLE activities and accreditation application during an audit. If a sponsor declines to comply with the MCLE Program Manager's requests for materials and information during an audit, the MCLE Program Manager may revoke or withhold accreditation of the sponsor's CLE activities.(c) The MCLE Program Manager may revoke accreditation of any CLE activity or withhold accreditation of future CLE activities if the audit determines the sponsor is not compliant with the MCLE Rules and Regulations.(d) A sponsor may seek review of the MCLE Program Manager's decision to withhold or revoke accreditation under Rules 8.1. 7.8 Removal of NLMP Mentors(a) Within 14 days of receipt by OSB of notice of charges against an NLMP mentor pursuant to 2.4(d) or suspension of an NLMP mentor pursuant to BR 7.1, the NLMP Coordinator shall provide written notice by email to the NLMP mentor and new admittee that the NLMP mentor is removed from serving as a mentor pursuant to MCLE Rule 2.4(d).(b) Within 30 days, or as soon as reasonably practical, of removal of an NLMP mentor pursuant to Rule 2.4(d), the NLMP Coordinator shall select a new mentor for the new admittee pursuant to the criteria set forth in Regulation 3.700(b), and shall issue a notice to the new admittee and new NLMP mentor as soon as a new NLMP match is confirmed.Or. State. Bar. R. Regul. and Polic. Seven
As amended effective 11/1/2022.