Regulation 409 - Self-Study409.1(A) A Self-Study Activity may be approved for CLE Credit if it meets the requirements of this Regulation. The Self-Study Activity shall also meet the standards set forth in Regulation 406 to the extent they are applicable to a program of individualized learning.(B) Any Sponsor who has not been designated as an Established Self-Study Sponsor shall submit an application for approval in a manner authorized by the Commission no later than thirty days after the date of initial availability of the Self-Study Activity, together with the applicable fee. Only Sponsors may apply for accreditation of Self-Study Activities. Attorneys, Magistrates, and Judges may not apply on their own behalf for accreditation of Self-Study Activities.(C) An application shall contain each of the following:(1) A description of the subject matter of the Self-Study Activity and method of instruction;(2) The names and qualifications of the speakers, the agenda with a detailed time schedule and, if requested, a set of the materials;(3) Information on how and when the Self-Study Activity can be obtained;(4) The length of the Self-Study Activity and number of credit hours requested;(5) The date on which the Self-Study Activity was produced.(D) The Self-Study Activity shall include a minimum of thirty minutes of substantive legal instruction.(E) The Commission, upon such terms and conditions as it deems proper, may grant a variance from the provisions of Regulation 409.1 upon application in support of the variance.(F) Within thirty days, the Sponsor shall submit to the Commission in a manner authorized by the Commission a request for CLE Credit for each Attorney, Magistrate, or Judge who has successfully completed the Self-Study Activity. The Sponsor shall retain attendance records for two years following the completion of each Self-Study Activity.(G) The Sponsor shall notify the Commission within thirty days if a material change is made to the Self-Study Activity, including a change in delivery format. Upon notice of the change, the Secretary or Commission may reconsider accreditation of the Self-Study Activity and shall notify the Sponsor if accreditation of the Self-Study Activity is modified or revoked. An Attorney, Magistrate, or Judge who completed a Self-Study Activity for which accreditation is later modified or revoked shall receive credit that was originally awarded for the Self-Study Activity, provided completion of the Self-Study Activity occurred prior to notice of the modification or revocation.(H) The Sponsor shall demonstrate it can identify the Attorneys, Magistrates, or Judges who engaged in the Self-Study Activity using a minimum of two of the following methods of identification: email address and confidential password combinations, security or challenge questions, image and image phrases authentication, or other methods acceptable to the Commission. For an Electronic Interactive Skill-Based Activity, the Attorney, Magistrate, or Judge shall identify himself or herself to the qualified faculty member or Sponsor representative using reliable methods disclosed for approval by the Commission. The Sponsor of an Electronic Interactive Skill-Based Activity shall report completion of the activity by the Attorney, Magistrate, or Judge, including the appropriate time for credit hours.(I) The Sponsor shall certify that the Attorney, Magistrate, or Judge who engaged in the Self-Study Activity has obtained the minimum competency and has actively participated in the Self-Study Activity for an amount of time equivalent to the number of CLE Credit hours requested. Participation may be confirmed via polling, verification codes, completion of test questions demonstrating understanding of the material presented, or other methods acceptable to the Commission.(J) CLE Credit approved under this Regulation is Self-Study Credit.(K) The Sponsor of a Self-Study Activity shall provide to Attendees of Self-Study Activities evaluation forms to determine their effectiveness and the extent to which the activity meets the needs of Attorneys, Magistrates, and Judges.(L) The Sponsor of each Self-Study Activity shall provide a Certificate of Completion for each Attorney, Magistrate, or Judge who successfully completes the Self-Study Activity. The Certificate shall include the Ohio Activity Code, the title of the program, the name of the Sponsor, the number and type of CLE Credits earned, and the date upon which the Self-Study Activity was completed by the Attorney, Magistrate, or Judge.(M) The Sponsor shall provide the Self-Study Activity's approval status in Ohio and the name of the Sponsor to participants before they pay for the Self-Study Activity.(N) Self-study materials shall be current and, in any event, shall have been prepared no earlier than the calendar year immediately preceding the date the application for accreditation is filed.(O) Any violation of these Regulations shall subject the Established Sponsor or Sponsor to late fees established by the Commission. 409.2(A) An Electronic Interactive Skill-Based Activity shall be classified as a Self-Study Activity subject to the requirements of Regulation 409.(B) An Electronic Interactive Skill-Based Activity shall include each element in the following order: (1) One or more faculty lectures, demonstrations, or other instructional materials;(2) One or more skill-based performance exercises by the Attorney, Magistrate, or Judge;(3) Faculty feedback for that skill-based performance exercise;(4) Review of the faculty feedback by the Attorney, Magistrate, or Judge.(C) An Electronic Interactive Skill-Based Activity may permit the Attorney, Magistrate, or Judge to engage in internet communications for multi-phase training, at whatever times and places the Attorney, Magistrate, or Judge chooses, with intervals between retrieving and studying instructional materials, preparing and transmitting one or more skill-based exercise performances, and receiving and studying responsive faculty critiques.(D) An Electronic Skill-Based Activity may include more than one exercise, provided the Attorney, Magistrate, or Judge shall complete performance of each exercise within a reasonable time, as determined and disclosed ahead of time by the Sponsor, after the Attorney, Magistrate, or Judge receives initial instruction materials for that exercise.(E) Not all phases of an Electronic Interactive Skill-Based Activity can be measured for CLE Credit hours using the methods outlined in Regulation 409(I). The Sponsor shall provide and maintain reliable methods to confirm full participation and compliance by the Attorney or Judge in each phase of the activity and disclose to the Commission for approval the method used. A sponsor of an Electronic Interactive Skill-Based Activity shall preserve for a period of two years all recordings and materials generated by participants in the activity and make them available to the Commission.(F) The term for accreditation of an Electronic Skill-Based Activity shall be two years, subject to one or more renewals for additional two-year intervals if the Sponsor demonstrates to the Commission the activity's continuing educational value.(G) The faculty for an Electronic Interactive Skill-Based Activity utilizing a recorded lecture or demonstration shall satisfy the requirements of Regulation 406(C) and (F). Faculty who provide any performance critique shall have one or more of the following qualifications: (1) At least seven years of active professional experience that includes the skill involved in that exercise;(2) Specialist certification by an accredited professional organization that includes the skill involved in that exercise;(3) Faculty service at an American Bar Association accredited law school for one or more courses that covers the skill involved in that exercise;(4) Faculty service for at least two CLE programs conducted by an Ohio CLE Established Sponsor pursuant to Regulation 406 that covers the skill involved in that exercise;(5) Previous Ohio CLE Commission faculty approval for the same skill-based program.(H) Faculty who provide any performance feedback in an Electronic Skill-Based Activity shall complete live or recorded training on providing feedback for the skill-based performance, including general feedback methodology and specific topics that apply to the skill-based performance. The feedback training may be independently certified for CLE Credit if it otherwise complies with the requirements of these regulations.(I) The Sponsor of an Electronic Interactive Skill-Based Activity shall submit an evaluation questionnaire to each Attorney, Magistrate, or Judge who performed an exercise in the activity and shall retain their responses for the CLE Commission's review for two years.(J) Except as specifically provided in this regulation, an Electronic Interactive Skill-Based Activity shall comply with all other CLE Regulations, including Regulation 409.1(H).Ohio. Gov. Bar. R., reg. 409
Amended June 12, 2018, eff. 9/1/2018; amended January 29, 2019, effective 7/1/2019; amended July 12, 2022, effective 1/1/2023.