WSR 05-15-111

RULES OF COURT

STATE SUPREME COURT


[ July 18, 2005 ]

IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 12, REGULATION 2, REGULATION 3 AND REGULATION 9 )

)

)

)

ORDER

NO. 25700-A-827


The Washington State Bar Association and the Limited Practice Board having recommended the adoption of the proposed amendments to APR 12, Regulation 2, Regulation 3 and Regulation 9, and the Court having approved the proposed amendments for publication;

Now, therefore, it is hereby

ORDERED:

(a) That pursuant to the provisions of GR 9(g), the proposed amendments as attached hereto are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Office of the Administrator for the Court's websites expeditiously.

(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than 90 days from the published date. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or Lisa.Bausch@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 14th day of July 2005.
For the Court
Gerry L. Alexander

CHIEF JUSTICE


REGULATIONS OF THE APR 12 LIMITED PRACTICE BOARD

REGULATION 2: APPLICATIONS

A. Application. An applicant must complete and file in duplicate with the Washington State Bar Association (WSBA):

1. two copies of a completed application for admission to limited practice under APR 12 (one of which may be a photocopy);

2. a fingerprint card which has been processed by the applicant at a local police department;

3. a signed Authorization and Release; and

4. a signed Affidavit of Applicant.

The application shall not be considered complete and will not be approved pursuant to Regulation 4 3 unless the applicant has provided a current residential address.

B. Fees. An applicant will pay a fee of $125.00 an examination fee in an amount set by the Limited Practice Board with the approval of the Supreme Court, which must be paid with the application, and each applicant will be sent a receipt of for the application and fee.

...

D. Refunds and Transfers.

1. For all applicants there is a $75.00 nonrefundable administration fee totaling one half the amount of the examination fee.

2. An applicant may withdraw from the current examination by written request received at least 14 days prior to the date set for the examination and may also request a refund of the fee less the administration fee.

3. An applicant may withdraw from the current examination and apply the examination fee to the next examination only, and only upon the following conditions: the written request to transfer must be received at least 14 days prior to the date set for the examination, and the applicant must repay the administration fee.

4. An applicant withdrawing an application or requesting to transfer to the next examination less than 14 days prior to the date set for the examination will receive no refund of any kind.

5. If the application is denied before the examination, the application examination fee less the $75 nonrefundable administration fee will be refunded. If the applicant reapplies to sit for the examination, the applicant will pay the full application examination fee then required of all applicants.

6. If an applicant fails the examination and applies to repeat the next scheduled examination, the examination fee shall be $125.00 the amount set by the Limited Practice Board with the approval of the Supreme Court.

7. Any applicant transferring to the next application examination must execute and file a Declaration in the form prescribed by the Limited Practice Officer Board.

REGULATION 9: ANNUAL FEE

A. Except as set forth in section B of this Regulation, every Limited Practice Officer shall pay an annual fee of $85.00 in an amount set by the Limited Practice Board with the approval of the Supreme Court, which is due July 1 of each year. ...

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 one half the amount of the annual fee. ...

REGULATION 3: APPROVAL OR DENIAL OF APPLICATION

A. Approval of Application. The Limited Practice Board will determine if the application meets the criteria established in APR 12.

B. Denial of Application. If the application is denied, the applicant will be granted the right to an appeal of the determination pursuant to Regulation 5 4.

C. Notification of Action on Application. The applicant will be notified whether the application has been approved or denied. If the application has been approved, the applicant will be informed of the date, time and location of the next examination. If the application has been denied, the applicant will be notified of the basis for the denial and of the appeal process of Regulation 5 4.

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.

Washington State Code Reviser's Office