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Minimum Continuing Legal Education
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> Article 1: Committees Rules
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> Article 3: Reporting Rules
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MCLE Rules

ARTICLE 3. Reporting
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  • 18-301. Compliance; reporting
    • A. Initial compliance year. For members admitted on or after January 1, 1990 the initial compliance year shall be the first full compliance year following the date of admission.
    • B. Compliance year. For all active members not mentioned Paragraph A of this rule, the compliance year shall end December 31 of each year.
    • C. Credit reporting deadline. The deadline for reporting prior year credits earned is May 1 of each year following the December 31 compliance deadline. The May 1 reporting deadline:
      1. (1) does not relieve an active licensed member from the compliance deadlines set forth in Paragraphs A and B of this rule;
      2. (2) does not relieve an active licensed member from the procedures set forth in Paragraph B of Rule 18-202 NMRA for seeking an extension of time to complete the credit requirements of these rules or a waiver from the credit requirements of these rules;
      3. (3) does not preclude the Supreme Court from taking disciplinary action pursuant to Paragraph G of this rule; and
      4. (4) does not preclude sanctions for late compliance set forth in Paragraph H of this rule.
    • D. Annual report statement. The board shall prepare an annual report statement for each licensed active member of the state bar for the previous compliance year which shall be provided to each member no later than the last day of February of each year. This report shall include reference to hours earned during the compliance year that have been reported by active members and providers and any carryover hours from the previous compliance year. The annual report statement shall indicate whether the active member has completed credit requirements for the compliance year or whether the active member has a deficiency in credits. Any active member may notify the board of any errors or omission on their annual report statement.
    • E. Second notification of deficiency to active members. On or about April 1 of each year, the board shall prepare a letter for each active member of the state bar who continues to have a deficiency in credits for the previous compliance year. The letter will indicate that the active member has until April 30 of the present year to complete the necessary credit requirements for compliance.
    • F. Certification of deficiency. The board shall annually compile and certify to the Supreme Court a list of those members of the state bar who prior to May 1 following the December 31 compliance deadline have failed to comply with the requirements of these rules.
    • G. Citation to show cause. Whenever that board shall certify to the Supreme Court that any member of the state bar has failed or refused to comply with the provisions of these rules, the Clerk of the Supreme Court shall issue a citation to such member requiring the member to show cause before the court, within fifteen (15) days after service of such citation, why the member should not be suspended from the right to practice in the courts of this state. Service of such citation may be personal or by first class mail postage prepaid. The member's compliance with the provision of these rules on or before the return day of such citation shall be deemed sufficient showing of cause and shall serve to discharge the citation.
    • H. Sanctions. In addition to any disciplinary action taken by the Supreme Court pursuant to Paragraph G of this rule, each active member who fails to comply with the provisions of these rules is subject to monetary sanctions as follows:
      1. (1) Each active member who fails to complete the annual minimum educational requirements by December 31 of each year shall pay a fee of one hundred dollars ($100). The fee shall be assessed in the annual report statement provided to each member pursuant to Paragraph A of this rule, and shall be paid no later than March 31. Payment of the one hundred dollar ($100) fee does not eliminate compliance year credit requirements.
      2. (2) Each active member who, as of April 1, either continues to have deficiency in credits for the previous compliance year or fails to pay the fee assessed pursuant to Subparagraph (1) of this Paragraph shall pay an additional fee of two hundred and fifty dollars ($250). That fee shall be paid no later than April 30. Payment of the two hundred fifty dollar ($250) fee does not eliminate compliance year credit requirements.
      3. (3) The board shall include in the certifications to the Supreme Court, pursuant Paragraph F of this rule, any member who has failed to pay any assessed fees prior to May 1.
      4. (4) The board shall not waive any fees unless the member can prove that the member was in compliance with the minimum educational requirements prior to the applicable deadline.

    [As amended, effective January 1, 1990; November 1, 1991; July 18, 1994; September 4, 2001; October 30, 2002; November 29, 2006.]

  • 18-302. Review and appeal
    • A. Review by Board. An attorney, judge or provider who is aggrieved by a decision of the board and who is unable to resolve the disagreement informally may petition the board to review the decision. The petition must be in writing and filed with the board within thirty (30) days from the date the decision was mailed to the petitioner. The petition must state briefly the facts supporting the petitionerís claim and may be accompanied by supporting evidence or documentation. The board may, in its discretion, request that the petitioner appear before the board.
    • B. Decision. The board shall review the petition and shall notify the petitioner of its final decision. The decision shall be based on a review of the petition and the records of the board.
    • C. Appeal. An attorney, judge or provider may petition the Supreme Court for modification or reversal of the decision of the board. The petition must be filed with the Court within thirty (30) days after the date of mailing of the final decision by the board and must be accompanied by a certificate of service on the board. Unless otherwise directed by the Court, within thirty (30) days after service of the petition, the board shall file with the Court a response to the petition and shall deliver the record considered by the board in this matter.

    [As amended, effective January 1, 1990.]

  • 18-303. Reinstatement
    If an attorney whose license to practice law has been suspended pursuant to these rules thereafter files a report with the board showing compliance with the requirements of Rule 18-301 NMRA, the board shall promptly notify the Clerk of the Supreme Court, and recommend reinstatement.
    [As amended, effective January 1, 1990.]

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