WSR 03-15-075

RULES OF COURT

STATE SUPREME COURT


[ July 10, 2003 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 12, REGULATIONS 9, 11, 14, 15 AND 16 )

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ORDER

NO. 25700-A-774


The Washington State Bar Association having recommended the adoption of the proposed amendments to APR 12, Regulations 9, 11, 14, 15 and 16, and the Court having determined that the proposed amendments will aid in the prompt and orderly administration of justice and further determined that an emergency exists which necessitates an early adoption;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as attached hereto are adopted.

(b) That pursuant to the emergency provisions of GR 9(i), the amendments to APR 12, Regulations 9, 11, 14, 15 and 16, will be published in the Washington Register, Washington State Bar Association and Administrative Office of the Court's websites and, in addition to the above, the amendment to APR 12 will also be published in the Washington Reports and is to become effective immediately.

DATED at Olympia, Washington this 10th day of July 2003.
Alexander, C. J.


Johnson, J.


Bridge, J.


Madsen, J.


Chambers, J.


Sanders, J.


Owens, J.


Ireland, J.


Fairhurst, J.



SUGGESTED AMENDMENTS

REGULATIONS OF THE APR 12 LIMITED PRACTICE BOARD


REGULATION 1: IN GENERAL. [No change].


REGULATION 2: APPLICATION.
[No change].


REGULATION 3: APPROVAL OR DENIAL OF APPLICATION.
[No change].


REGULATION 4: DENIAL OF APPLICATION - RIGHT OF APPEAL.
[No change].


REGULATION 5: ADMINISTRATION OF EXAMINATION. [No change].


REGULATION 6: EXAMINATION STANDARDS AND NOTIFICATION OF RESULTS. [No change].


REGULATION 7: REAPPLICATION FOR EXAMINATION. [No change].


REGULATION 8: CERTIFICATION OF RESULTS TO SUPREME COURT; OATH. [No change].


REGULATION 9: ANNUAL FEE


A. [No change].

B. The prorated annual fee for LPOs who pass the qualifying examination given in the spring and who request active status prior to July 1 of that same calendar year shall be $40. LPOs shall pay the annual fee set forth in Regulation 10 9 (A) to retain their active status after June 30 of the calendar year of their admission.

C. [No change].


REGULATION 10: REINSTATEMENT AFTER SUSPENSION FOR NONPAYMENT OF ANNUAL FEE. [No change].


REGULATION 11: FINANCIAL RESPONSIBILITY


Each LPO shall either be insured or covered under the financial statement of an employer or employer's parent company or other surety at all times as specified in Regulation 9 8. If the LPO is covered under a financial statement, the LPO, employer, employer's parent company or other surety who has assumed such financial responsibility shall annually file with the Limited Practice Board, by July 1, the audited financial statement for the most-recent fiscal year of the financially responsible party indicating net worth.

Each LPO shall notify the Limited Practice Board of any cancellation or lapse in coverage. During any period that an LPO is not covered in accordance with these Regulations, or is not on inactive status pursuant to Regulation 14 13, the license of the LPO shall be suspended. Each suspended LPO must demonstrate compliance with the requirements of Regulation 9 APR 12 within nine (9) months of the date of the suspension or the license of the suspended LPO will be revoked.


REGULATION 13: INACTIVE STATUS. [No change].


REGULATION 14: VOLUNTARY CERTIFICATION CANCELLATION


Any Limited Practice Officer may voluntarily surrender the LPO certificate by notifying the Limited Practice Board in writing of the desire to cancel and returning the LPO certificate with the request. The Limited Practice Board will notify the LPO of the effective date of the cancellation.

The former LPO shall then promptly notify by registered or certified mail, return receipt request, all clients being represented in pending matters, of the certification cancellation and the consequent inability to act as a Limited Practice Officer.

After entry of the cancellation order, the former LPO shall not accept any new clients or engage in work as an LPO in any matter.

Within ten (10) days after the effective date of the cancellation order, the former LPO shall file with the Limited Practice Board an affidavit showing:

1. The former LPO has fully complied with the provision of the order and with these Regulations;

2. The residence or other address of the former LPO for purposes of mailing or for service of process; and

3. Attaching to the affidavit a copy of the form of letter of notification sent to clients being represented in pending matters, together with a list of the names and addresses of all clients to whom the notice was sent.

The Board will cause a notice of the cancellation to be published in the Escrow Association of Washington newsletter and a newspaper of general circulation in the county in which the former LPO worked.


REGULATION 15: CHANGE IN STATUS


When an LPO is demonstrating financial responsibility by 1) an endorsement on the employer's Errors and Omissions insurance policy, or 2) submission of the employer's audited financial statement accompanied by the Certificate of Financial Responsibility, the Limited Practice Board shall notify the employer when the LPO is transferred to one of the following statuses: inactive status, voluntary certification, cancellation, disability inactive status, or the license is suspended or revoked.


REGULATION 16: LPO NAME, SIGNATURE, AND NUMBER REQUIRED ON DISCLOSURE FORM


The documents, selected, prepared, and/or completed by the LPO shall be particularly identified on a disclosure which shall also include the name, signature, and number of the LPO.


REGULATION 17 RECORDS DISCLOSURE. [No change].


REGULATION 18: NOTICE AND FILING; ADMINISTRATION. [No change].


REGULATION 19: AMENDMENT. [No change].

Reviser's note: The brackets and enclosed material in the text of the above section occurred in the copy filed by the agency and appear in the Register pursuant to the requirements of RCW 34.08.040.

Reviser's note: The typographical errors in the above material occurred in the copy filed by the State Supreme Court and appear in the Register pursuant to the requirements of RCW 34.08.040.

Legislature Code Reviser 

Register

Washington State Code Reviser's Office