RULES OF COURT
| IN THE MATTER OF THE ADOPTION OF THE AMENDMENTS TO APR 12, REGULATIONS 9, 11, 14, 15 AND 16 | ) ) ) |
ORDER NO. 25700-A-774 |
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. |
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.