Rule 1.3.9 - Failure to Comply - Sanctions(a) An Active Practitioner who fails to fulfill the educational requirements of MCLE shall correct the Active Practitioner's failure to comply with the requirements of this rule within ninety (90) days (Tier I) of the date of the notice of delinquency, or be subject to possible sanctions by the Supreme Court. A fee will be assessed for makeup filing or for late filing (see Appendix C, Schedule of Fees).(b) For any makeup credits received after the ninety (90) day makeup period has elapsed (Tier II), the Active Practitioner shall be assessed double the published makeup filing fee (Appendix C).(c) If an Active Practitioner does not correct the Active Practitioner's failure to comply with the requirements of MCLE within one hundred eighty (180) days of the date of the notice of delinquency (Tier III), the Active Practitioner shall be removed from the Master Roll of Attorneys without further notice. (1) An Active Practitioner whose name has been removed from the Master Roll for failure to comply with MCLE may be reinstated, upon completing and filing the courses, payment of the makeup or late filing fee, filing certification of proof with the MCLE Commission via the MCLE Portal, and payment of a reinstatement fee within six (6) months of the removal date.(2) An Active Practitioner whose name has been removed from the Master Roll for failure to comply with this rule for a period in excess of six (6) months shall file an application with the Supreme Court seeking reinstatement, in accordance with Article IV, Rule 1(e), and provide a copy to the Supreme Court's Disciplinary Counsel and the MCLE Commission. The applicant for reinstatement shall submit an affidavit with the application attesting that the applicant has not been disciplined in this or any other jurisdiction, that the applicant is not the subject of any pending disciplinary charges, and that the applicant is not aware of any reason why the application should not be granted. Disciplinary Counsel shall provide the Supreme Court with a Report and Recommendation on the application within thirty (30) days.(d) An Active Practitioner engaged in the practice of law in another jurisdiction who is removed from the Master Roll for failure to comply with this Regulation shall, in addition to the prerequisites contained in these Regulations, provide to the Supreme Court a certificate from the appropriate disciplinary tribunal of the jurisdiction in which the attorney has been practicing law that: (1) The Active Practitioner is a member in good standing of the bar in such jurisdiction; and(2) That no disciplinary action is pending against the Active Practitioner in the other jurisdiction.(e) An Active Practitioner aggrieved by the refusal of the MCLE Commission to approve the Active Practitioner's certification of proof may file a petition for review by the Supreme Court. Amended effective 7/1/2018; Revised 4/1/2024.