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| Title 5. Attorneys and the State Bar | 
 Oklahoma Statutes Citationized
Oklahoma Statutes Citationized
   Title 5. Attorneys and the State Bar
Title 5. Attorneys and the State Bar
     Chapter 1 - Attorneys and Counselors
Chapter 1 - Attorneys and Counselors
       Appendix 1-B - Rules for Mandatory Continuing Legal Education
Appendix 1-B - Rules for Mandatory Continuing Legal Education
         Section Rule 7                    - Regulations
Section Rule 7                    - Regulations
Cite as:  O.S. §, __  __
Rules for Mandatory Continuing Legal Education
Chapter 1, App. 1-B
Rule 7.Regulations.
The following Regulations for Mandatory Continuing Legal Education are hereby adopted and shall remain in effect until revised or amended by the Mandatory Continuing Legal Education Commission with approval of the Board of Governors and the Oklahoma Supreme Court.
Regulation 1.
1.1. The Mandatory Continuing Legal Education Commission shall consist of eleven (11) members as provided by Supreme Court rule. The Executive Director of the Oklahoma Bar Association and the Director of Continuing Legal Education of the Oklahoma Bar Association shall be ex-officio members without vote. Nine (9) members of the Commission shall be appointed by the President of the Oklahoma Bar Association with the consent of the Board of Governors. Initially three (3) appointed members shall serve one-year terms, three (3) appointed members shall serve two-year terms, and three (3) appointed members shall serve three-year terms. Thereafter, at the expiration of the stated terms, all members shall serve three-year terms. Members shall not serve more than two successive three-year terms.
1.2. The President of the Oklahoma Bar Association shall appoint the Chairman of the Commission on Mandatory Continuing Legal Education. The Commission on Mandatory Continuing Legal Education shall elect a Vice Chairman and Secretary from among its members.
1.3. The Commission may organize itself into committees of not fewer than four (4) voting members for the purpose of considering and deciding matters submitted to them, except five (5) affirmative votes shall be necessary for any action under Rule 6 of the Rules of the Supreme Court of the State of Oklahoma for Mandatory Continuing Legal Education.
1.4. Members of the Commission shall be reimbursed for their actual direct expenses incurred in travel when authorized by the Board of Governors or the President.
1.5. Support staff as may be required shall be employed by the Executive Director of the Oklahoma Bar Association in the same manner and according to the same procedure as other employees of the Oklahoma Bar Association within the funds available in the budget approved by the Supreme Court.
1.6. As used herein "MCLEC" and the "Commission" shall mean the Mandatory Continuing Legal Education Commission. "CLE" shall mean Continuing Legal Education. "MCLE" shall mean Mandatory Continuing Legal Education. "Rules" referred to shall mean and are the Rules of the Supreme Court of the State of Oklahoma for Mandatory Continuing Legal Education.
Regulation 2.
2.1. Nonresident attorneys from other jurisdictions who are temporarily admitted to practice for a case or proceeding shall not be subject to the rules or regulations governing MCLE.
2.2. An attorney who is exempt from the MCLE requirement under Rule 2 shall endorse and claim the exemption on the annual report required by Rule 5 of said rules.
Regulation 3.
3.1. Attorneys who have a permanent physical disability which makes attendance of CLE programs inordinately difficult may file a request for a permanent substitute program in lieu of attendance and shall therein set out continuing legal education plans tailored to their specific interest and physical ability. The Commission shall review and approve or disapprove such plans on an individual basis and without delay. Rejection of any requested substitute for attendance will be reviewed by the Board of Governors of the Oklahoma Bar Association prior to any sanction being imposed.
3.2. Other requests for substituted compliance, partial waivers, or other exemptions for hardship or extenuating circumstances may be granted by the Commission upon written application of the attorney and may likewise be reviewed by the Board of Governors and the Oklahoma Bar Association.
3.3. Credit may be earned through teaching in an approved continuing legal education program, or for a presentation substantially complying with the standards of Regulation 4 in a program which is presented to paralegals, legal assistants, and/or law clerks. Presentations accompanied by thorough, high quality, readable, and carefully prepared written materials will qualify for CLE credit on the basis of six (6) hours of credit for each hour of presentation.
3.4. Credit may also be earned through teaching a course in an ABA accredited law school or a course in a paralegal or legal assistant program accredited by the ABA. The Commission will award six (6) hours of CLE credit for each semester hour of academic credit awarded by the academic institution for the course.
3.5. Credit may also be earned through auditing of or regular enrollment in a college of law course at an ABA or AALS approved law school. The MCLE credit allowed shall equal a sum equal to three (3) times the number of credit hours granted by the college of law for the completion of the course.
3.6. The number of hours required means that the attorney must actually attend twelve (12) instructional hours of CLE per year with no credit given for introductory remarks, meal breaks, or business meetings. Of the twelve (12) CLE hours required the attorney must attend and receive one (1) instructional hour of CLE per year covering the area of professional responsibility or legal ethics or legal malpractice prevention. An instructional hour will in all events contain at least fifty (50) minutes.
3.7. Hours of credit in excess of the minimum annual requirement may be carried forward for credit only in the succeeding calendar year. Such hours must, however, be reported in the annual report of compliance for the year in which they were completed and in the year for which they are being claimed and must be designated as hours being carried forward.
Regulation 4.
4.1.1. The following standards will govern the approval of continuing legal education programs by the Commission.
4.1.2. The program must have significant intellectual or practical content and its primary objective must be to increase the participant's professional competence as an attorney.
4.1.3. The program must deal primarily with matters related to the practice of law, professional responsibility or ethical obligations of attorneys.
4.1.4. The program must be offered by a sponsor having substantial, recent, experience in offering continuing legal education or demonstrated ability to organize and present effectively continuing legal education. Demonstrated ability arises partly from the extent to which individuals with legal training or educational experience are involved in the planning, instruction and supervision of the program.
4.1.5. The program itself must be conducted by an individual or group qualified by practical or academic experience. The program including the named advertised participants, must be conducted substantially as planned, subject to emergency withdrawals and alterations.
4.1.6. Thorough, high quality, readable, and carefully prepared written materials must be made available to all participants at or before the time the course is presented, unless the absence of such materials is recognized as reasonable and approved by the Commission. A mere outline without citations or explanatory notations will not be sufficient.
4.1.7. The program must be conducted in a comfortable physical setting, conducive to learning and equipped with suitable writing surfaces.
4.1.8. Approval may be given for programs where audiovisual recorded or reproduced material is used. Television video programs and motion picture programs with sound shall qualify for CLE credit in the same manner as a live CLE program provided: (a) the original CLE program was approved for CLE credit as provided in these regulations or the visual recorded program has been approved by the Commission under these rules, and (b) each person attending the visual presentation is provided written material as provided in regulation 4.1.6 and (c) each program is conducted in a location as required in regulation 4.1.7 and (d) there are a minimum of five (5) persons enrolled and in attendance at the presentation of the visually recorded program unless viewed at the Oklahoma Bar Center or sponsored by a county bar association in Oklahoma.
4.1.9. Programs that cross academic lines may be considered for approval.
4.2. Continuing legal education programs sponsored by the following organizations are presumptively approved for credit, provided that the standards set out in the Regulations 4.1.2 through 4.1.7 are met:
American Association for Justice
* American Bankruptcy 
Institute
* American Bar Association and Bar Sections
* American 
College of Real Estate
* American 
Corporate Counsel Association
* American 
Inns of Court
American 
Law Institute--American Bar Association Committee on Continuing Professional Education
 
* 
American Lawyer Media, Inc.
 
    Building Blocks, CLE
Center for 
American & International Law (formerly Southwestern Legal 
Foundation)
* 
Cleveland County Bar Association
* 
Commercial Law League of America
Defense 
Research Institute
* Energy 
Bar Association
* 
Executive Enterprises, Inc.
* Federal 
Bar Association
* Federal 
Deposit Insurance Corporation
* Federal 
Public Defender
* Garfield County Bar Association
* Garvin 
County Bar Association
 
  Great American Insurance Company
* 
International Municipal Lawyers Association (formerly NIMLO)
* Kingfisher County Bar Association
* 
Law Seminars International, Inc.
* Legal Aid Services of Oklahoma, 
Inc.
* Mayes County Bar Association
  
  * Mealey Publications
* 
Mediation Institute
* Muskogee 
County Bar Association
* National 
Association of Attorneys General
* National 
Association of College and University Attorneys
* National 
Association of Criminal Defense Lawyers
* National 
Association of Railroad Trial Counsel
 
 * NBI, Inc.
National 
Constitution Center Conferences
  
   National District Attorneys Association
* National 
Employment Law Institute
National 
Institute of Trial Advocacy
* National Legal Aid and Defender Association
New York University 
School 
of Continuing and Professional Studies
Northwestern 
University School of Law
* Office 
of the Oklahoma Attorney General
* Oklahoma 
Association of Defense Counsel
* Oklahoma Association of Municipal Attorneys
* Oklahoma 
Baptist University 
Bench and Bar Association
Oklahoma 
Bar Association
* Oklahoma 
City Commercial Lawyers Association
* Oklahoma 
City Mineral Lawyers Society
* Oklahoma 
City Real Property Lawyers Association
Oklahoma 
City University Law School
Oklahoma County Bar Association
Oklahoma 
County Criminal Defense Lawyers Association
Oklahoma County 
Public Defenders Office
* Oklahoma 
Criminal Defense Lawyer's Association
Oklahoma 
District Attorneys Council
Oklahoma 
Health Lawyers Association
* Oklahoma 
Municipal Judges Association
Oklahoma 
Planned Giving Council
Oklahoma 
State University Farm Tax Institute
Oklahoma 
Trial Lawyers Association
* Patent 
Resources Group, Inc.
Practicing 
Law Institute
* 
Professional Education Systems, Inc.
Rocky 
Mountain Mineral Law Foundation
* SEC Institute, Inc.
* South 
Oklahoma City 
Lawyers Association
South 
Texas College Of Law Continuing Legal Education
* State Bar of 
Texas
Strafford 
Publications
* Tax Forum
  
* Thomson West
  
 TRI, Inc.
Tulsa 
County Bar Association
* Tulsa 
Estate Planning Forum
* Tulsa 
Pension Attorneys
* Tulsa 
Tax Club
* Tulsa 
Title and Probate Lawyers Association
* U.S. Air 
Force - Judge Advocate General School
* U.S. 
Army - Judge Advocate General School
* U.S. 
Department of Justice - Office of Legal Education
University 
of Houston Law Foundation
University 
of Oklahoma College of Law
University 
of Tulsa College of Law
* Washington County Bar Association
 
  WealthCounsel, LLC
* WestLegalEducationCenter
Woodward 
County Bar Association
Yale Law 
School
Young 
Lawyers Division of the Oklahoma Bar Association
All other county bar associations in Oklahoma presenting seminars or programs that are co-sponsored by an organization that has presumptive approval as a CLE sponsor.
* Added since the rules were approved by the Supreme Court January 17,1986.
4.3. Approved seminars may be advertised in informational brochures and program materials provided by the sponsoring body. Organizations listed in Regulation 4.2 whose programs are presumptively approved shall give adequate notice that a program or seminar it conducts is not approved for MCLE credit in the event the program or seminar does not meet the standards set forth in Regulations 4.1.1 through 4.1.7.
4.4. The Commission may at any time re-evaluate and grant or revoke presumptive approval of a sponsor.
4.5. Any organization not included in Regulation 4.2 above, desiring approval of a course or program shall apply to the Commission by submitting an application on a form to be obtained from the Commission and supporting documentation at least forty-five (45) days prior to the date for which the course or program is scheduled. The Commission will advise the applicant in writing by mail within ten (10) days of the receipt of the completed application whether the program is approved or disapproved. Applicants denied approval of a program may appeal such a decision by submitting a letter of appeal to the Commission within fifteen (15) days of the receipt of the notice of disapproval.
4.6. An attorney desiring approval of a course or program which has not otherwise been approved shall apply to the Commission by submitting an application on a form to be obtained from the Commission and supporting documentation as follows:
(a) If approval is requested before the course or program is presented the application and supporting documentation shall be submitted at least forty-five (45) days prior to the date for which the course or program is scheduled.
(b) If approval is requested after the applicant has attended a course or program the application and supporting documentation shall be submitted within ninety (90) days after the date the course or program was presented or prior to the end of the calendar year in which the course or program was presented, whichever is earlier.
The Commission will advise the applicant in writing by mail within ten (10) days of the receipt of the completed application whether the program is approved or disapproved. Applicants denied approval of a program may appeal such a decision by submitting a letter of appeal to the Commission within fifteen (15) days of the receipt of the notice of disapproval.
4.7. The sponsor of an approved continuing legal education program may announce or indicate as follows:
This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission for ________ hours of CLE credit, including _______ hours of legal ethics credit.
4.8. As soon as practicable, but in any event on or before the earlier of (1) thirty (30) days following an approved legal education program or (2) January 10 of the succeeding year, the sponsor shall furnish to the Commission such attendance information in such format as the Commission shall direct.
Regulation 5.
On or before February 15th of each year, every member required by the rules to report shall submit a report in such form as the Commission shall provide concerning such attorney's completion of, exemption from or approved substitute for the minimum hours of instruction, including reference to hours earned during the preceding year and hours to be carried forward to the next year. An attorney reporting attainment of age sixty-five (65), need only make one (1) such annual report.
Regulation 6.
Sponsors of the seminars or courses qualifying for Mandatory Continuing Legal Education credits shall keep records of attendance for a period of two (2) years following the date of the course or seminar. Publisher's note: The desk of the Supreme Court has informed us that Regulations 3.3, 4.2 were amended in 1991.
Historical Data
Adopted by order of Jan. 17, 1986, eff. March 1, 1986; Amended by Orders of October 29, 1987; Amended by Orders of October 28, 1988; Regulations 3.3, 4.2 amended 1991; Regulation 7 deleted 1994; Amended by order of the Supreme Court, S.C.B.D. No. 3319, June 13, 2002; Amended by Orders of March 13, 2002.
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| Title 49 Transportation | |||
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| 49 U.S.C. 80111, | Liability for delivery of goods | Cited | |