As amended through November 4, 2024
Section 7 - Non-compliance and Sanctions7.01. By April 30 of each year, the Commission shall compile: (a) A list of those attorneys who did not timely file an Annual Report Statement for the preceding calendar year, including attorneys who failed to timely claim an exemption.(b) A list of those attorneys who have not complied with the requirements of Section 3.01 of this Rule for the preceding calendar year; and(c) A list of those attorneys who have not paid all fees due under Section 8.03 of this Rule.7.02. By April 30 of each year, the Commission shall serve each attorney listed on any of the three foregoing lists a Notice of Non-Compliance requiring the attorney to remedy his/her deficiencies on or before May 31 of that year. The notice shall be served upon the attorney by registered or certified mail, return receipt requested, at the address shown in the most recent registration statement filed by the attorney pursuant to Supreme Court Rule 9, Section 10.1 or to the attorney's last known address as shown in the MCLE database. Failure to receive the Notice of Non-Compliance, sent to the attorney's last known address, does not alleviate the attorney's obligation to satisfy the requirements set forth in this Rule, including the requirements of section 7.04.7.03. Each attorney who is subject to the Tennessee CLE requirements who does not satisfy the full number of required hours by December 31 of the previous compliance year shall be assessed an Initial Non-Compliance Fee of One Hundred Dollars ($100) on January 1 immediately following the end of the compliance year. Any Initial Non-Compliance Fee shall be paid on or before March 31 of that year. If any attorney shows to the satisfaction of the Executive Director of the Commission that the Notice of Non-Compliance was erroneously issued, the Initial Non-Compliance Fee shall not be due.7.04. Each attorney to whom a Notice of Non-Compliance is issued on April 30, who was not previously assessed the $100 non-compliance fee on January 1st, shall pay to the Commission a non-compliance fee of One Hundred Dollars ($100). Said fee shall be assessed on the Notice of Non-Compliance. In order to establish compliance, attorneys shall file a valid statement of exemption or an Affidavit of Compliance with the Commission on or before May 31 of that year showing that he or she has remedied his/her deficiencies. In addition, any attorney who receives a Notice of Non-Compliance showing a fee due to the Commission shall pay the full amount of the fee by May 31st as part of establishing his/her compliance. In the event an attorney fails to claim an exemption or remedy his/her deficiencies, by the May 31 deadline, fails to pay any fee owing to the Commission or fails to timely file an Affidavit of Compliance, the attorney shall pay to the Commission an additional Continuing Non-Compliance Fee of Two Hundred Dollars ($200). The Two Hundred Dollar Continuing Non-Compliance Fee shall be due and payable on June 1st.7.05. On or before July 1 of each year, the Commission shall prepare a draft Suspension Order listing all attorneys who were issued Notices of Non-Compliance and who failed to remedy their deficiencies by May 31. The Commission shall submit the draft Suspension Order to the Supreme Court for informational purposes. The Commission also shall mail a copy of the draft Suspension Order to each attorney named in the draft Suspension Order by registered or certified mail, return receipt requested, to the address shown in the most recent registration statement filed by the attorney pursuant to Supreme Court Rule 9, Section 10.1 or to the attorney's last known address as shown in the MCLE database. Failure to receive a copy of the draft Suspension Order, sent to the attorney's last known address, does not alleviate the attorney's obligation to satisfy the requirements set forth in this Rule.7.06. On or before August 10 of each year, each attorney listed in the draft Suspension Order shall file an Affidavit of Compliance in a form acceptable to the Commission showing compliance with Section 3 of this Rule for the preceding calendar year or a valid statement of exemption. Upon the Commission's approval of the Affidavit of Compliance and upon the attorney's payment of all outstanding fees, the Commission shall remove the attorney's name from the list of potential suspensions contained in the draft Suspension Order.7.07. On August 15 of each year, the Commission shall submit to the Supreme Court a final Suspension Order listing all attorneys with active Tennessee law licenses who failed to comply with this Rule for the preceding calendar year. Also by August 15, the Commission shall notify the Board of Professional Responsibility of the names of all licensed attorneys who have retired, taken inactive status, been suspended, or whose license to practice law in this state is otherwise inactive, and who failed to comply with the requirements of this Rule. The Supreme Court will review the final Suspension Order and, upon the Court's approval, shall enter the Suspension Order suspending the law license of each attorney listed in the order. The Board of Professional Responsibility shall not reactivate the license of any attorney whose license is suspended pursuant to this Rule until the Commission certifies completion of a program of remedial continuing legal education satisfactory to the Commission.7.08. Each attorney named in the final Suspension Order entered by the Court or whose name is submitted to the Board of Professional Responsibility as ineligible for reactivation for failure to meet the requirements of this Rule shall pay to the Commission a Five Hundred Dollar ($500) Suspension Fee as a condition of reinstatement of his or her law license. The Suspension Fee shall be paid in addition to the Initial Non-Compliance Fee ($100) and in addition to the Continuing Non-Compliance Fee ($200).7.09. Payment of all fees imposed in this section shall be a requirement for compliance with this Rule.7.10. An attorney suspended or made ineligible for reactivation by the Commission pursuant to this Rule may file with the Commission an application for reinstatement demonstrating compliance with Section 3.01 of this Rule. If the application is satisfactory to the Commission, if the attorney is otherwise eligible for reinstatement, and if the attorney has paid in full all fees due under this Rule, the Commission will recommend to the Supreme Court that the Court reinstate the attorney's law license.7.11. An attorney may address the Commission, by telephone during the Commission's scheduled monthly meeting, in regard to a recommendation of suspension or a recommendation against reinstatement. Additionally, any attorney not finding suitable relief before the Commission may petition the Supreme Court for modification or reversal of actions of the Commission. [Added by order filed March 21, 2002.]7.12. No attorney suspended under this Rule 21 may resume practice until reinstated by Order of the Supreme Court. [As amended by order filed December 16, 2014, effective January 1, 2016, Section 7 replaced in its entirety.]As amended by order filed December 16, 2014, effective 1/1/2016, Section 7 replaced in its entirety.