Rule 3.9 - Failure to comply - Sanctions(a) Following the close of each MCLE reporting year, the MCLE Commission shall send a notice of delinquency to each attorney deemed not in compliance with the filing or educational requirements of this rule for that reporting year. If the attorney has failed to fulfill the educational requirements of this rule, the attorney shall correct the attorney's failure to comply with the requirements within ninety (90) days of the date of the notice of delinquency or the attorney shall be subject to possible sanction by the Supreme Court. A fee shall be assessed for makeup or late filing. For any makeup credits received after the ninety (90) day makeup period has elapsed, the attorney shall be assessed double the published makeup filing fee.(b) If an attorney does not correct the attorney's failure to comply with the requirements of this rule within one hundred eighty (180) days of the date of the notice of delinquency, the attorney shall be removed from the Master Roll without further notice.(c) An attorney 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, and payment of a reinstatement fee within six (6) months of the removal date.(d) An attorney 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 Rule 1(c), 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.(e) An attorney in the practice of law in another jurisdiction who is removed from the Master Roll for a period of six (6) months or more for failure to comply with this rule shall, in addition to any other prerequisite contained in these rules before being returned to the Master Roll, 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 attorney is a member in good standing of the bar in such jurisdiction; and(2) That no disciplinary action is pending against the attorney in the other jurisdiction.(f) An attorney removed from the Master Roll pursuant to this rule who thereafter comes into compliance shall file certification of proof with the MCLE Commission in such form as the Commission shall prescribe and shall also pay a reinstatement fee and a makeup or late filing fee. An attorney aggrieved by the refusal of the MCLE Commission to approve the attorney's certification of proof may file a petition for review with the Supreme Court.Amended May 31, 2018, effective 7/1/2018; amended April 24, 2024, effective 4/24/2024.