Section6. Waivers, Extensions and Deferrals.
(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.
Source The provisions of this Section 6 amended November 16, 1992, effective immediately, 22 Pa.B. 5756; amended March 8, 1996, effective March 9, 1996, 26 Pa.B. 984. Immediately preceding text appears at serial pages (177391) to (177392).
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