WSR 16-23-016

RULES OF COURT

[November 2, 2016]

The Washington State Bar Association, having recommended the expeditious adoption of the proposed amendments to APR 28 Regulation 4—Limited Practice Rule for Limited License Legal Technicians—Limited Time Waivers, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

ORDERED:

(a) That the amendments as shown below are adopted.

(b) That the amendments will be published expeditiously in the Washington Reports and will become effective upon publication.

DATED at Olympia, Washington this 2nd day of November, 2016.

 

A. Limited Time Waiver, Defined. For the limited time between the date the Board begins to accept applications and December 31, 2023 2016, the Board shall grant a waiver of the minimum associate-level degree requirement and/or the core curriculum education requirement set forth in APR 28 (D)(3) if an applicant meets the requirements set forth in Regulation 4(B). The Board shall not grant waivers for applications filed after December 31, 2023 2016. The Board shall not waive the practice area curriculum requirement. The limited time waiver application will be separate from the application process for licensure set forth in these regulations.

B. Waiver Requirements and Applications. To qualify for the limited time waiver, an applicant shall pay the required fee, submit the required waiver application form, and provide proof, in such form and manner as the Board requires, that he/she has:

1. Passed a Board approved national paralegal certification examination.

2. Active certification from a Board approved national paralegal certification organization; and

3. Completed 10 years of substantive law-related experience supervised by a licensed lawyer within the 15 years preceding the application for the waiver. Proof of 10 years of substantive-law related experience supervised by a licensed lawyer shall include the following:

a. the name and bar number of the supervising lawyer(s),

b. certification by the lawyer that the work experience meets the definition of substantive law-related work experience as defined in APR 28, and

c. the dates of employment or service.

C. Review of Limited Time Waiver Application. The Association shall review each limited time waiver application to determine if the application meets the waiver requirements. Any application that does not meet the limited time waiver requirements as established by this Regulation shall be denied by the Association on administrative grounds, with a written statement of the reason(s) for denial.

D. Review of Denial. An applicant whose application for waiver has been denied by the Association may request review by the Board chair. Such request shall be filed with the Association within 14 days of the date of the notification of denial. The applicant shall be provided with written notification of the chair's decision, which is not subject to review.

E. Expiration of Limited Time Waiver Approval. Approval of the limited time waiver application shall expire December 31, 2025 2018. After expiration of the approval, any subsequent application for licensure by the applicant shall meet all of the standard requirements for licensure without waiver.