Section 3 - Standards for Approval of Accredited Organizations(A)Not-for-profit status An accredited organization shall be a not-for-profit organization. (B)Investigations An accredited organization shall investigate recommendations and obtain any data that may be required to ensure an attorney is in compliance with this rule. (C)Cooperation An accredited organization shall cooperate with the Commission and perform other duties as may be required by the Commission. (D)Filing of application An organization may file an application for accreditation with the Commission by completing an application provided by the Commission and paying the required application fee. An application for accreditation shall be accompanied by all of the following documents: (1) The organization's governing documents, including articles of incorporation, bylaws, resolutions, and other documents setting forth the standards, procedures, guidelines, or practices of the organization's certification program;(2) Documents demonstrating the financial stability of the organization and, if necessary, any supporting parent organization;(3) Biographical summaries of members of the governing board or governing committee of the organization, including specific information concerning the degree of involvement in the specialty area of persons who review and pass upon attorneys' applications for certification;(4) Materials furnished to the attorneys seeking certification, including application forms, booklets, or pamphlets describing the certification program, peer reference forms, rules and procedures, and evaluation guides;(5) Copies of examinations given by the organization in the past two years, or in the case of an organization with a new certification program, copies of proposed examinations. If an organization accepts examinations given by another entity, the organization shall provide copies of the examinations. The organization shall also provide evidence of the examination's validity and reliability; an explanation of how the examinations are developed, conducted, and reviewed; and an explanation of the standards employed for grading and evaluating the examinations. The factors used to judge the suitability and rigor of any examination shall include all of the following:(a) Evidence the method by which pass/fail levels are established is a true measure of expertise in the specialty area;(b) Evidence of both reliability and validity for each form of the examination;(c) Evidence of periodic review of the examination to ensure relevance to knowledge and skills needed in the specialty area as the law and practice methods develop over time;(d) Evidence the law of Ohio, when different from the general law, is a part of the examination;(e) Evidence effective measures are taken to protect the security of all examinations;(f) Evidence the written examination includes professional responsibility and ethics.(E)Organizational standard(1) An organization shall demonstrate it operates in accordance with the following standards: (a) Its primary purpose includes the identification of attorneys who possess an enhanced level of skill and expertise in the area of law or practice for which specialist certification is being issued;(b) Its certification program develops and improves the professional competence of attorneys;(c) It possesses and will continue to maintain the governance and organizational structures, a reliable source of adequate financial resources, and the established administrative processes needed to carry out a certification program in an unbiased, professional, and ethically responsible manner. The primary criteria for determining organizational capabilities are the following: (i) The existence of management, administrative, and business practices that allow the accredited organization to operate its certification program effectively and provide efficient service to attorneys who submit applications for certification. The processes and procedures used in the certification process should include safeguards to ensure unbiased consideration of attorneys seeking certification.(ii) A history of adequate financing during the three years preceding the filing of the application. If the accredited organization is newly formed, this criterion shall be applied to a parent or sponsoring organization or to the individual founders, if no founding organization is involved. (iii) The existence of a budget and financial plan for three years following a grant of accreditation should it be made. If an accredited organization has previously been accredited and has been in existence for at least five years, the existence of a budget and financial plan for the year following accreditation shall be sufficient.(iv) The presence of persons retained by or on the governing board, evaluation committees, or staff of the organization who are qualified by experience, education, and background to carry out the program of certification, including persons with a background in evaluating the validity and reliability of examinations and experienced practitioners in the areas of law in which the organization conducts certification programs. The majority of the persons who implement and supervise each specialty program shall be attorneys who have expertise in the area for which accreditation is sought.(v) The existence of a handbook, guide, or manual that outlines the standards, policies, procedures, guides for self-study, and application procedures;(vi) Evidence the accredited organization maintains and publishes a policy providing an appeal procedure for an attorney seeking certification to challenge the decision of the persons who review and pass upon the applications of attorneys seeking certification. The policy shall provide an attorney seeking certification with the opportunity to present an appeal to an impartial decision-maker in the event of denial of eligibility or denial of certification. Impartial decision-makers may include persons associated with the accredited organization.(vii) The existence of policies and procedures for the revocation of certification and specialization, including the mandatory requirement an attorney who is certified as a specialist shall immediately report the attorney's disbarment or suspension from the practice of law in any jurisdiction.(2) The materials published by the accredited organization shall not state or imply that membership in, or the completion of education programs offered by, any specific organization are required for certification. This prohibition does not apply to requirements relating to the practice of law that are set out in statutes, rules, and regulations promulgated by the government of the United States, by the government of any state or political subdivision thereof, or by any agency or instrumentality of any of the foregoing.(3) The description of the program shall indicate the accredited organization does not discriminate against attorneys seeking certification on the basis of race, color, national origin, religion, gender, sexual orientation, disability, or age. Experience requirements for attorneys seeking certification or recertification that may indirectly have an effect on a particular age group shall be reasonable.(F)Review and decision An application for accreditation shall be reviewed and decided as follows: (1) Upon receipt of an application for accreditation, the secretary for the Commission shall review materials submitted by the accredited organization for conformance with this rule. If an application is incomplete or if other documents or information are required, the secretary shall notify the accredited organization. The accredited organization shall comply with the request within sixty days from the receipt of the notice or request an extension. If the application is not completed within this period, and if no extension is granted, the application shall be considered lapsed and ineligible for consideration. The secretary shall give notice to the accredited organization once an application is complete. Withdrawal of an application does not preclude a subsequent application by the accredited organization.(2) After review by the secretary for the Commission, the Commission chairperson shall designate a review panel of not fewer than three members of the Commission for each completed application. The application and supporting materials shall be provided to the review panel for independent review and consideration. The review panel may seek comment and information from whatever sources it deems appropriate, including other attorneys admitted to practice in Ohio and professionals who practice in or are knowledgeable concerning the specialty. The review panel shall prepare a written report to the Commission concerning the application. The written report shall recommend the application be approved, denied, or deferred and shall state the reasons for the recommendation.(3) If the Commission determines the accredited organization and its application satisfy all criteria required for the certification of specialists in an area of specialization included in the application, the accredited organization shall be designated an accredited organization.(4) If the Commission determines the accredited organization or the application do not satisfy all criteria required for the certification of specialists in an area of specialization, the application shall be denied for that specific area. When an application is denied by the Commission, the accredited organization may request reconsideration of the denial within thirty days following its receipt of the Commission's decision. Requests for reconsideration shall be made in writing to the Commission and should demonstrate why the Commission's denial was unreasonable.(5) The Commission shall not approve or deny an application until a written report from the review panel for that application has been presented to the Commission.(6) In making a final decision regarding an application, the Commission shall consider all materials relating to an application. These materials include the final report of the review panel, copies of the application and supporting documents originally submitted by the accredited organization, and any further materials the accredited organization has submitted for consideration.(7) The Commission shall review and make a decision on an application for accreditation as expeditiously as possible.(8) The Commission shall promptly notify the accredited organization in writing of the decision of the Commission regarding an application for accreditation or a request for reconsideration.(9) The Commission may revoke an accredited organization's accreditation upon a determination the organization has ceased to exist; has failed to operate its certification program in compliance with this rule; or has materially changed its structure, operating standards, guidelines, or criteria for certification or recertification. The Commission, on its own or acting upon a complaint from a third party, may determine reasonable grounds exist for considering the revocation of accreditation. The Commission shall schedule the matter for deliberation at one of the Commission's regularly scheduled meetings and promptly shall provide the accredited organization with written notice of the meeting and an opportunity to be heard at that meeting.(10) An organization whose accreditation has been revoked may reapply for accreditation in accordance with the Commission decision revoking accreditation and as set forth in this rule.(11) An accredited organization may request its accreditation be withdrawn by providing written notice to the secretary for the Commission.(G)Annual reporting An accredited organization shall annually report the following in writing to the Commission in accordance with a schedule as set by the Commission: (1) The current status of each area of specialization with information on the names, attorney registration numbers, and current addresses of Ohio attorneys certified or recertified as specialists by the accredited organization on a form promulgated by the Commission;(2) Any proposed material changes in the accredited organization's structure, operating standards, guidelines, or criteria for certification or recertification, at least sixty days before those changes are to become effective;(3) Any additional information as requested by the Commission, including but not limited to the information set forth in divisions (D) and (E) of this section.(H)Additional areas of specialization requested by an accredited organization For any new areas of specialization offered by the accredited organization not previously included in the organization's initial application, the organization shall demonstrate the organization meets the requirements of this rule for the specialty area on an application form promulgated by the Commission consistent with Section 3 of this rule. The application shall include the names, attorney registration numbers, and current addresses of Ohio attorneys certified as a specialist in the new area. For any new areas of specialization, the accredited organization shall also propose a definition for the new specialization area which the Commission may adopt, modify, or reject.Amended February 27, 2024, effective 4/15/2024