Section 30 - Reinstatement30.1. No attorney disbarred; suspended under any section of this Rule or under Rule 21 or Rule 43 of the Rules of the Tennessee Supreme Court; on disability inactive status under Section 27 of this Rule; or who has remained on inactive status under Section 10.8 of this Rule for over five years before filing a petition for reinstatement to active status, may resume practice until reinstated by order of the Court.30.2. Individuals disbarred on or after July 1, 2020, are not eligible for reinstatement. Individuals disbarred under Rule 9 prior to July 1, 2020, may not apply for reinstatement until the expiration of at least five years from the effective date of the disbarment.30.3. Reinstatement from Administrative Suspension or Inactive Status.(a) Reinstatement from administrative suspension for non-payment of the Board's annual registration fee shall be pursuant to Section 10.6(d) of this Rule. (b) Reinstatement from administrative suspension for IOLTA non- compliance shall be pursuant to Sections 15 and 16 of Rule 43 of the Rules of the Tennessee Supreme Court.(c) Reinstatement from administrative suspension for failure to pay the Professional Privilege Tax shall be pursuant to Section 26.4(d) of this Rule.(d) Reinstatement from inactive status, other than disability inactive status, shall be pursuant to Section 10.8 of this Rule.(e) Reinstatement from disability inactive status shall be pursuant to Sections 27.7, 27.8 and 27.9 of this Rule.(f) Reinstatement from temporary suspension shall be pursuant to Section 12.3(d) of this Rule.(g) Reinstatement from administrative suspension for non-compliance with continuing legal education requirements shall be pursuant to Section 7 of Rule 21 of the Rules of the Tennessee Supreme Court.(h) Reinstatement from administrative suspension for default on student loan or service-conditional scholarship program shall be pursuant to Section 37 of this Rule. (i) The Court may require an attorney seeking reinstatement from suspension or inactive status under any of the foregoing provisions and who has remained suspended or inactive for more than five years before the filing of a petition for reinstatement and/or application for reinstatement to establish proof of competency and learning in law which proof may include certification by the Board of Law Examiners of the successful completion of an examination for admission to practice subsequent to the date of suspension or transfer to inactive status, and to establish proof of compliance with all other applicable rules and regulations.30.4. Reinstatement from Disbarment or Disciplinary Suspension.(a) Reinstatement other than as set forth in Section 30.3 of this Rule shall be pursuant to this Section, regardless of when or under what procedure the suspension or disbarment occurred. (b) No petition for reinstatement shall be filed more than ninety days prior to the time the attorney shall first be eligible for reinstatement.(c) An attorney who wishes to be reinstated, who has been suspended by the Court for a period of one year or less or for an indefinite period, and who has remained suspended for one year or less before the filing of a petition for reinstatement shall file with the Board and serve upon Disciplinary Counsel promptly a petition for reinstatement of the attorney's license to practice law demonstrating that the petitioning attorney has the moral qualifications, competency and learning in law required for admission to practice law in this state, that the resumption of the practice of law within the state will not be detrimental to the integrity and standing of the bar or the administration of justice, or subversive to the public interest, and that the petitioning attorney has satisfied all conditions set forth in the order imposing discipline, including the payment of costs incurred by the Board in the prosecution of the preceding disciplinary proceeding and any court costs assessed against the attorney in any appeal from such proceeding. If the petition is satisfactory to the Board and if the attorney otherwise is eligible for reinstatement, the Board, or the Chief Disciplinary Counsel acting on its behalf, shall promptly file in the Nashville office of the Clerk of the Supreme Court a Notice of Submission with an attached copy of a proposed Reinstatement Order . For purposes of this filing, the same appeal number shall be used as previously was assigned to the order which suspended the attorney. If the petition is unsatisfactory to the Board, Disciplinary Counsel shall file and serve upon the petitioning attorney a responsive pleading to the petition and the matter shall proceed as provided in Subsection (d).(d) An attorney who wishes to be reinstated and who has been disbarred by the Court, or who has been suspended by the Court for a period of more than one year, or who has been suspended by the Court for a period of one year or less or an indefinite period but has remained suspended for more than one year before the filing of a petition for reinstatement, shall file with the Board and serve upon Disciplinary Counsel promptly a petition for reinstatement. Upon receipt of the petition, Disciplinary Counsel shall investigate the matter and file and serve upon the petitioning attorney a responsive pleading to the petition. The Board shall promptly refer the petition to a hearing panel in the disciplinary district in which the petitioning attorney maintained an office at the time of the disbarment or suspension. Individuals disbarred on or after July 1, 2020, are not eligible for reinstatement.(1) The hearing panel shall schedule a hearing at which the petitioning attorney shall have the burden of demonstrating by clear and convincing evidence that the petitioning attorney has the moral qualifications, competency and learning in law required for admission to practice law in this state, that the resumption of the practice of law within the state will not be detrimental to the integrity and standing of the bar or the administration of justice, or subversive to the public interest, and that the petitioning attorney has satisfied all conditions set forth in the order imposing discipline, including the payment of costs incurred by the Board in the prosecution of the preceding disciplinary proceeding and any court costs assessed against the attorney in any appeal from such proceeding. (2) In all proceedings upon a petition for reinstatement, cross-examination of the petitioning attorney's witnesses and the submission of evidence, if any, in opposition to the petition shall be conducted by Disciplinary Counsel.(3) If the petitioning attorney is found unfit to resume the practice of law, the decision of the hearing panel shall dismiss the petition. If the petitioning attorney is found fit to resume the practice of law, the decision of the hearing panel shall reinstate the petitioning attorney.(4) The hearing panel shall within thirty days file a report containing its findings and decision and transmit its report, together with the record, to the Board.(5) There shall be no petition for rehearing. Either party dissatisfied with the hearing panel's decision may appeal as provided in Section 33.(6) If neither party appeals as provided in Section 33, the Board shall file in the Nashville office of the Clerk of the Supreme Court a Notice of Submission with an attached copy of the record of the proceedings before the hearing panel together with its report approving same. The Court will take such action upon the record so transmitted as it deems appropriate.(7) With respect to suspended or disbarred attorneys, the hearing panel or reviewing court may impose conditions on the petitioning attorney's reinstatement, including, without limitation, certification by the Board of Law Examiners of the successful completion of an examination for admission to practice; the assignment of a practice monitor for the purposes and pursuant to the procedures set forth in Section 12.9; the completion of a practice and professionalism enhancement program; the making of restitution required pursuant to Section 12.7; and, the payment of all or part of the costs of the proceeding.(8) The petitioning attorney shall pay the costs associated with the conditions of reinstatement, including without limitation a reasonable fee to the practice monitor pursuant to the procedures in Section 12.9(d).(9) Petitions for reinstatement under this Section shall be accompanied by an advance cost deposit in an amount to be set from time-to-time by the Board to cover anticipated costs of the reinstatement proceeding. All advance cost deposits collected hereunder shall be deposited by the Board with the State Treasurer; all such funds including earnings on investments and all interest and proceeds from said funds, if any, are deemed to be, and shall be designated as, funds belonging solely to the Board. Withdrawals from those funds shall only be made by the Board to cover costs of reinstatement proceedings, and reimbursement of advance cost deposits not expended. Such advance cost deposit funds shall be maintained, managed, and administered solely and exclusively by the Board.30.5. Successive Petitions. No petition for reinstatement under this Rule, except for petitions for reinstatement under Section 27, shall be filed within two years following an adverse judgment upon a petition for reinstatement filed by or on behalf of the same person, unless otherwise ordered by the Court in denying the petition for reinstatement.30.6. After the effective date of an order accepting the surrender of a license to practice law pursuant to Article XV of Rule 7 of the Rules of the Tennessee Supreme Court, the license shall not be reinstated, and the attorney may not be licensed to practice law in Tennessee until he or she applies for a license in Tennessee and meets the requirements of Rule 7 of the Rules of the Tennessee Supreme Court.Amended by Order filed and effective 1/23/2020.