WSR 15-13-030

RULES OF COURT

[June 4, 2015]

The Limited Practice Board, having recommended the Suggested Amendments to Appendix APR 12—Regulations, and the Court having considered the amendments and comments submitted thereto;

Now, therefore, it is hereby

(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be published for comment in the Washington Reports, Washington Register, Washington State Bar Association and Administrative Office of 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 September 30, 2015. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 4th day of June, 2015.

Every person desiring to be admitted to limited practice as a Limited Practice Officer (LPO) pursuant to Admission to and Practice Rule (APR) 12 must submit an application in the form and manner and within the time limits established by these Regulations, pay the requisite fee, and satisfy all of the requirements of APR 12.

A. Application. An applicant must complete and file in duplicate with submit to 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) in the form and manner prescribed by the Limited Practice Board;

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

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 3 unless the applicant has provided a current residential address.

B. Fees. An applicant will pay 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 for the application and fee.

C. Verification of Application Information. Each applicant must submit a fingerprint card which shall be forwarded to the Washington State Patrol for a criminal history check, and for each applicant who has not resided in the state of Washington for two years, a Federal Bureau of Investigation check shall also be conducted. A status review on all professional licenses will be conducted for each applicant. The applicant will furnish whatever additional information or proof may be required in the course of investigating the applicant.

1. For all applicants there is a 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.

4. 3. 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. 4. If the application is denied before the examination, the examination fee less the nonrefundable administration fee will be refunded. If the applicant reapplies to sit for the examination, the applicant will pay the full examination fee then required of all applicants.

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

E. Filing Deadline. An applicant must file the application to take the LPO examination not less than 30 days prior to the examination date by the deadline established by the Board. No applications will be accepted less than 30 days prior to the examination date after the deadline.

Each limited practice officer shall show proof of ability to respond in damages resulting from his or her acts or omissions in the performance of services permitted under APR 12 in one of the following described manners.

(1) Submitted an individual policy for Errors and Omissions insurance in the amount of at least $100,000;

(2) Submitted an Errors and Omissions policy of the employer or the parent company of the employer who has agreed to provide coverage for the applicant's ability to respond in damages in the amount of at least $100,000;

(3) Submitted the applicant's audited financial statement showing the applicant's net worth to be at least $200,000; or

(4) Submitted an audited financial statement of the employer or other surety who agrees to respond in damages for the applicant, indicating net worth of $200,000 per each limited practice officer employee to and including five and an additional $100,000 per each limited practice officer employee over five, who may be subject to the jurisdiction of the Limited Practice Board.; or

A. Admission Order. The Limited Practice Board will submit to the Washington State Supreme Court the names of those persons who have passed the examination for admission pursuant to APR 12, taken the oath as prescribed by these rules, and furnished proof of the applicant's financial responsibility requirement pursuant to regulation 7.

The names of successful applicants will be submitted only after compliance with APR 12 and these Regulations, and the applicants will be admitted under APR 12 only after the admission order has been entered by the Supreme Court.

Each successful applicant shall complete all the requirements for certification within nine (9) months of the date the applicant is notified of the examination results. If an applicant fails to satisfy all the requirements for certification within this period, the applicant shall not be eligible for admission under APR 12 without submitting a new application for admission.

B. Contents of Oath. The oath which all applicants shall take is as follows:

COUNTY OF ___________

I, __________, do solemnly declare:

1. I am fully subject to the laws of the State of Washington and Rule 12 of the Admission to and Practice Rules and APR 12 Regulations adopted by the Washington State Supreme Court and will abide by the same.

2. I will support the constitutions of the State of Washington and of the United States of America.

3. I will abide by the Limited Practice Officer Rules of Professional Conduct and Rules for Enforcement of LPO Conduct approved by the Supreme Court of the State of Washington.

4. I will confine my activities as a Limited Practice Officer to those activities allowed by law, rule and regulation and will only utilize documents approved pursuant to APR 12.

5. I will faithfully disclose the limitations of my services, that I am not able to act as the advocate or representative of any party, that documents prepared will affect legal rights of the parties, that the parties' interests in the documents may differ, that the parties have a right to be represented by a lawyer of their own selection, and that I cannot give legal advice regarding the manner in which the documents affect the parties.

6. I understand that I may incur personal liability if I violate the applicable standard of care of a Limited Practice Officer. Also, I understand that I only have authority to act as a Limited Practice Officer during the times that my financial responsibility coverage is in effect. If I am covered under my employer's errors and omissions insurance policy or by my employer's certificate of financial responsibility, my coverage is limited to services performed in the course of my employment.

____________________________________

Signature Limited Practice Officer

Subscribed and sworn to before me this ____ day of ____________, _____.

______________________________

A. Except as set forth in section B of this Regulation, every Limited Practice Officer shall pay an annual fee in an amount set by the Limited Practice Board with the approval of the Supreme Court, which is due on or before July August 1 of each year and shall cover the annual license period of July 1 to June 30. Annual fees paid after July 15 August 1 shall be subject to a late fee equal to one-half the annual fee. Failure to pay the annual fee shall subject the LPO to suspension from limited practice as a Limited Practice Officer. The Board shall provide at least 30 days written notice of intent to seek suspension to an LPO at the LPO's address of record. Written notice shall be sent by certified mail. After such notice, the Court may enter an order suspending the LPO from limited practice. If the LPO fails to comply with conditions for reinstatement pursuant to Regulation 10 within 9 months of the date of suspension, the license of the suspended LPO will be revoked.

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 one half the amount of the annual fee. LPOs shall pay the annual fee set forth in Regulation 9(A) to retain their active status after June 30 of the calendar year of their admission.

C. An LPO shall provide his or her residential address to the Board at the time of payment of the annual fee.

A. Each active LPO shall certify annually by August 1 continued financial responsibility in the form and manner as prescribed by the Board. Each LPO shall notify the Limited Practice Board of any cancellation or lapse in coverage.

C. During any period that an LPO is not covered has not reported in accordance with these Regulations, or is not on inactive status pursuant to Regulation 13, the license of the LPO shall be suspended. The Board shall provide at least 30 days written notice of intent to seek suspension to an LPO at the LPO's address of record. Written notice shall be sent by certified mail. After such notice, the Court may enter an order suspending the LPO from limited practice. Each suspended LPO must demonstrate compliance with the requirements of APR 12 within nine (9) months of the date of the suspension or the license of the suspended LPO will be revoked.

Every LPO shall attend a minimum of ten (10) hours of approved continuing education during each calendar license year (July 1 to June 30). Two (2) hours of the required ten (10) hours of continuing education shall be on liability issues. If an LPO completes more than ten (10) credit hours in a given calendar license year, the excess credit, up to ten credits, may be carried forward and applied to such LPO's education requirements for the next calendar license year.

Every LPO shall submit proof of compliance with the continuing education attendance requirements by filing an Affidavit of Attendance as prescribed by the Continuing Education Regulations of the Limited Practice Board. Failure to comply with the continuing education requirements will subject the LPO to suspension of license as a Limited Practice Officer. The Board shall provide at least 30 days written notice of intent to seek suspension to an LPO at the LPO's address of record. Written notice shall be sent by certified mail. After such notice, the Court may enter an order suspending the LPO from limited practice. If the suspended LPO fails to comply with conditions for reinstatement pursuant to Continuing Education Regulations of the Limited Practice Board within nine (9) months of the date of suspension, the license of the suspended LPO will be revoked.

All notices and filings required by these Regulations, including applications for admission as a Limited Practice Officer, shall be sent to the headquarters of the Washington State Bar Association. The Washington State Bar Association shall provide administrative support for the Limited Practice Board pursuant to APR 12 (b)(3). "Clerk" as used in these regulations means WSBA staff designated to support the Board.

These Regulations may be altered, amended, or repealed by vote of the Board on approval of the Board of Governors and the Supreme Court.