Regulation UPL 500 - Biennial Review and Recertification of Certified Unauthorized Practice of Law Committees(A)Biennial review. In each even-numbered year, the Board shall conduct a review of compliance by each certified unauthorized-practice-of-law committee with the requirements of Gov. Bar R. VII and this regulation. The Board chair may designate the responsibility for conducting the biennial review to a standing or ad hoc committee of the Board. Any committee designated by the Board chair shall present its recommendations to the Board at a regular or special meeting of the Board, and the Board may accept, reject, or modify the recommendations of the committee.(B)Standards for review and recertification.(1) The secretary shall prepare a written report for the Board or a committee of the Board that details the compliance by each certified unauthorized-practice-of-law committee with the requirements of Gov. Bar R. VII. The report shall include all of the following: (a) Any specific failure by the certified unauthorized-practice-of-law committee to prosecute in a timely manner a matter pending before the Board to which the certified unauthorized-practice-of-law committee is a party or to respond in a timely manner to any order from the Board, provided that the certified unauthorized-practice-of-law committee was notified in writing of such failure and provided an opportunity to rectify the failure;(b) The certified unauthorized-practice-of-law committee's compliance with each of the following requirements set forth in Gov. Bar R. VII, Sec. 3(D) and (E): (i) Timely filing in each of the two immediately preceding years of a complete annual report of the activity of the certified unauthorized-practice-of-law committee;(ii) Reporting of compliance by bar counsel with the education requirements set forth in Gov. Bar R. VII, Sec. 4(C)(4);(iii) Compliance with the requirement of Gov. Bar R. VII, Sec. 3(D)(1)(h) to file quarterly case-activity reports with the Board, including any issues regarding the timeliness and accuracy of those reports;(c) Compliance with the minimum standards for each certified unauthorized-practice-of-law committee as established by the Supreme Court in Gov. Bar R. VII, Sec. 3(D);(d) Any other information considered necessary to enable the Board to ascertain compliance by a certified unauthorized-practice-of-law committee with the standards set forth in Gov. Bar R. VII. Sec. 3.(2) In any instance in which the secretary identifies a failure to comply with these standards, the secretary shall detail the efforts made to address noncompliance with the chair or bar counsel for the certified unauthorized-practice-of-law committee.(C)Request for Information. To facilitate the review-and-recertification process, the secretary may request that a certified unauthorized-practice-of-law committee provide additional information to the Board. The Board may consider the failure of a certified unauthorized-practice-of-law committee to respond to a request for additional information in determining whether to recertify the unauthorized-practice-of-law committee.(D)Recertification. The Board shall recertify each unauthorized-practice-of-law committee that is in substantial compliance with the requirements of Gov. Bar R. VII and this regulation. Written notice of recertification shall be provided to the certified unauthorized-practice-of-law committee on or before the first day of June in each even-numbered year.(E)Deferral of Recertification.(1) Except as otherwise provided in Gov. Bar R. VII or division (G) of this regulation, the Board may defer the recertification of a certified unauthorized-practice-of-law committee based on the failure of that committee to comply substantially with the requirements of Gov. Bar R. VII or this regulation. The Board shall provide written notice to the certified unauthorized-practice-of-law committee of the deferral of recertification. The written notice shall include all of the following: (a) The specific instances of noncompliance cited by the Board, including reference to applicable rules or regulations;(b) The steps necessary to remedy each instance of noncompliance, including any deadlines for remedying a particular instance of noncompliance;(c) A statement that the Board will defer recertification of the certified unauthorized-practice-of-law committee until each instance of noncompliance cited in the notice is addressed to its satisfaction;(d) A statement that the Board may initiate proceedings to decertify the unauthorized-practice-of-law committee if it fails to timely rectify the instances of noncompliance cited in the notice.(2) The Board may impose any conditions on the deferral of recertification that it deems necessary, including, but not limited to, denying the request for reimbursement of any indirect expense that is incurred or submitted by the certified unauthorized-practice-of-law committee during the deferral period.(3) Notwithstanding the Board's deferral of recertification, a certified unauthorized-practice-of-law committee may continue to exercise authority pursuant to Gov. Bar R. VII and this regulation. The deferral of recertification shall not be cited as a basis for refusing to cooperate with an investigation or as a defense in any unauthorized-practice-of-law proceeding.(4) On proof that the certified unauthorized-practice-of-law committee has rectified all issues of noncompliance identified in the notice of deferral, the Board may recertify the committee. The Board may impose any conditions on the recertification that it deems necessary to prevent future instances of noncompliance. Written notice of recertification and any conditions imposed by the Board shall be provided to the certified unauthorized-practice-of-law committee.(F)Decertification. If a certified unauthorized-practice-of-law committee fails to timely address instances of noncompliance identified in the written notice of deferral of recertification, the Board shall initiate decertification proceedings. Decertification proceedings shall be conducted as provided in Gov. Bar R. VII, Sec. 3(F).(G)Immediate decertification. If the Board determines that a certified unauthorized-practice-of-law committee has substantially failed to execute its responsibilities pursuant to Gov. Bar R. VII or this regulation and that such failure appears to have substantially compromised the investigation or prosecution of one or more unauthorized-practice-of-law matters, the Board may bypass the deferral-and-notification process and initiate decertification proceedings. Decertification proceedings shall be conducted as provided in Gov. Bar R. VII, Sec. 3(F).(H)Authority. The failure of the Board to provide timely notice of recertification or decertification shall not deprive a certified unauthorized-practice-of-law committee of the authority to investigate or prosecute unauthorized-practice-of-law matters and may not be cited as a basis for refusing to cooperate with an investigation or as a defense in any unauthorized-practice-of-law proceeding.(I)Notice. Any notice required by this regulation to a certified unauthorized-practice-of-law committee shall be provided by regular mail to the president of the sponsoring bar association, chair of the certified unauthorized-practice-of-law committee, and bar counsel. A copy of each notice shall be provided to the Office of Disciplinary Counsel.Amended June 5, 2023, effective 7/1/2023.