Rule 75-1 Review of Decisions; Hearings

(a) Request for Review by Applicant Following Admission Denial or Conditions.

(1) If the Board determines that the applicant shall not be certified as fit to practice law in the Commonwealth or recommends the imposition of conditions, the Board shall notify the applicant by email at the email address provided by the applicant in the application. The email shall appraise the applicant of the general areas or subject matters of the Board’s concern and reasons for its decision. The Board shall not be required to itemize each basis for its determination.

(2) The applicant may request a formal review hearing of the Board’s decision by serving a written request upon the Chairperson of the Board within fifteen (15) calendar days after the applicant has received email notice of the Board’s decision. The written request for a hearing shall advise the Board of the precise matters desired to be covered at the hearing, any affirmative defenses the applicant may have and any matters in mitigation the applicant may wish the Board to consider.

RULES OF ADMISSION AMENDED AUGUST 4, 2025

(3) Time for the Hearing. The time of the hearing shall not be less than twenty (20) calendar days nor more than forty (40) calendar days from the date of the receipt of the applicant’s request. The Chairperson may extend or shorten the time period for good cause shown.

(A) Any request for a continuance of a hearing by the applicant must comply with the following:

(i) The request must be made in writing and signed by the applicant or the applicant’s attorney;

(ii) The request must set forth with particularity the reasons for the extension sought and whether previous hearings have been continued at the request of the applicant; and

(iii) The request must be submitted to the Board as soon as practicable but, except in extraordinary circumstances, not later than seven days before the day upon which the hearing is scheduled.

(4) Hearing Process. The hearing process is not an adversarial proceeding but a fact finding process for the ultimate benefit of the public interest. No discovery is permitted and contentious or overbearing or hostile tactics and presentation are discouraged.

(A) Upon request of the applicant, the Board shall request that the Clerk of this Court issue a subpoena to a third person (other than the employees of the office of the clerk, members of the Board, or employees or agents of the members of the Board) to compel testimony or to produce documents. The written request must be received at least seven days before any scheduled hearing and must demonstrate that such testimony, evidence, and documents, as the case may be, are reasonably calculated to aid the inquiry.

(B) At the hearing, the Board may designate a lawyer to represent it and to present such evidence bearing on the lack of qualifications of the applicant. The applicant shall have the right to be represented by counsel and present evidence in support of his or her qualifications and shall have the right to cross-examine any witness who appears at the hearing.

(C) A record of the proceedings shall be made.

(D) At any hearing, the Board may take testimony by telephone.

(E) Prior to the hearing, written interrogatories may be served upon any witness not in the Commonwealth. The answers RULES OF ADMISSION AMENDED AUGUST 4, 2025 to the written interrogatories and any exhibits submitted with them shall be admissible as evidence at the hearing.

(5) Decision. The Board’s decisions following review under this Rule 75-1(a) shall be made in writing setting forth the reasons therefore, and a copy thereof shall be emailed to the applicant to the email provided by the applicant in the application within thirty (30) days after the conclusion of the hearing. The decision of the Board following any review hearing pursuant to this Rule 75-1(a) shall be final.

(b) Review of All Other Decisions. Any decisions by the Bar Administrator or by the Clerk of Court relating to the applications or other requirements of these Rules that are not tantamount to a denial of admission to the Bar, or do not relate to the imposition of conditions to admission, may be reviewed at the request of the applicant by the Chairperson of the Board or their designee. The applicant shall file a written request for review directly with the Chairperson within ten (10) days of the decision which is contested. The written request shall precisely advise the Chairperson of the decision that the applicant is contesting, when the applicant was notified of the decision, and why the decision should be reconsidered. If desired, the applicant may request an informal hearing before the Chairperson or their designee in their written request for review. If a hearing is requested, the Chairperson or their designee shall schedule the hearing within ten (10) business days of the request. A written decision shall be emailed to the email address provided by the applicant in the application within fourteen (14) calendar days after the filing of the written request or following the hearing, which ever is later. The decision of the Board following any review hearing pursuant to this Rule 75-1(b) shall be final.

(c) Burden of Proof on Applicant. The practice of law in the Commonwealth is a privilege. The burden of demonstrating that the requirements of these Rules have been met shall be upon the applicant.

(d) Hearing at the Request of the Board. In any investigation or determination, the Board may order a hearing on its own motion either before or after action on any application. The Board shall notify the applicant in writing of the general areas or subject matter of the hearing as well as the time, place and date of the hearing. Any request by the applicant for a continuance of the hearing shall be made in accordance with Rule 75-1(a)(3) herein. The notice of the hearing shall be emailed to the applicant to the email address provided by the applicant in the application. The hearing process shall be informal and the provisions of Rule 75-1(a) herein do not apply.

RULES OF ADMISSION AMENDED AUGUST 4, 2025