On a former day, to wit October 6, 2005, the Court published the proposed amendments for comment thereon. No comments were received.
On this day came the court on its own motion and proceeded to consider the proposed amendments to the Rules and Regulations to Govern Mandatory Continuing Legal Education, Chapter VII., Section 7.1.
Upon consideration whereof, the Court is of opinion to and doth hereby approve and adopt the following with amendments to read as follows, effective immediately.
"The West Virginia State Bar Constitution, Rules and Regulations, Chapter VII. Rules to Govern Mandatory Continuing Legal Education
¶ 7.1.
As soon as practicable after July 1, the Commission shall notify all active members of the state bar who are not in compliance with the reporting or minimum continuing education requirements of these rules of the specific manner in which such member has failed, or appears to have failed, to comply with these rules. Any member of the state bar shall have until October 1 to correct such noncompliance or provide the Commission with proper and adequate information to establish that such member is in compliance with these rules. The following delinquency fee schedule for any lawyer requiring notice of noncompliance with reporting or minimum continuing legal education requirements is hereby established, effective July 1, 1990:
Form C, certificate of attendance or online submission not received by July 31 .................................................................. $50.00 Form C, certificate of attendance or online submission not received by October 1 ................................................................ $100.00 Form D or Form E (request for publication or teaching credit) not received by July 31 .................................................................. $50.00 An additional fee of $100.00 shall be paid upon application for reinstatement by those attorneys whose licenses have been suspended for failure to comply with the MCLE requirement. This fee is in addition to the reinstatement fee charged for suspension for non-payment of membership fees. The attorney will not be reinstated unless all outstanding fees have been paid.
MCLE credits, if reported on a delinquent Form C, will not be entered until all outstanding fees have been paid."