By continuing their legal education throughout the period of their practice of law, attorneys can enhance their competence to serve their clients. Chapter 3, article 4, of the Nebraska Supreme Court Rules establishes minimum requirements for such continuing legal education (CLE) and the means by which the requirements shall be enforced. The mandatory CLE requirements of these rules shall apply to all active members of the Nebraska State Bar Association, unless otherwise provided herein. These rules shall become effective on July 1, 2009, except that those provisions mandating attorney compliance with the CLE requirements of the rules shall not become operative until January 1, 2010. Attendance at any accredited or approved CLE program, as approved by the Director of Judicial Branch Education (Director) as set forth in these rules, in the three (3) months preceding January 1, 2010, may apply toward CLE requirements for the first reporting period upon application of the attorney and approval of the Director.

   For purposes of Neb. Ct. R. §§ 3-401.1 through 3-402.3, the following definitions shall apply:

   (A) Reporting period: The initial reporting period shall begin January 1, 2010. The reporting period shall be an annual period, based on a calendar year, in which attorneys shall complete the required hours of CLE.

   (B) Commission: Nebraska Supreme Court Continuing Legal Education Commission.

   (C) Credit hour: Sixty (60) minutes spent by an attorney in an accredited or approved instructional program designed for CLE. Credit may be claimed for less than one (1) credit hour.

   (D) In-house activity: A CLE program given by, for, or to a select private audience, such as a law firm, corporation, government agency, or governmental entity, not open for admission to other members of the legal community generally. When determining whether a program is in-house activity, the Director shall consider the attendees and programming literature, not the sponsor of the education.

   (E) Active member: An attorney as defined by Neb. Ct. R. § 3-803(B)(1).

   (F) Inactive member: An attorney as defined by Neb. Ct. R. § 3-803(B)(2).

   (G) Program sponsor: Any person or organization presenting or offering to present one or more individual CLE programs.

   (H) Accredited CLE sponsor: A person or organization whose entire CLE program has been accredited pursuant to these rules.

   (I) Faculty member: A person qualified by practical or academic experience to teach or present at a CLE program.

   (J) Professional responsibility: As used herein, professional responsibility includes instruction in the following areas: legal ethics; professionalism; diversity in the legal profession; malpractice prevention; recognizing and addressing substance abuse and mental health issues in the legal profession; wellness; Nebraska Supreme Court Rules Relating to Discipline of Attorneys; ethical standards as they relate directly to law firm management; the benefits and risks associated with relevant technology; information security; the effects of technology on client confidentiality and other ethical issues; and duties of attorneys to the judicial system, public, clients, and other attorneys. In order for a program to qualify for professional responsibility credit, the program must focus on professional responsibility as defined in this rule. Practical instruction on the use of certain technology may be considered for professional responsibility credit if it is directly related to the ethical issues related to technology as defined by this rule.

   (K) In-person credits are CLE credits earned in a setting in which the presenter is physically present with the attendees in the same room or in which video is simultaneously broadcast to an overflow room at a location in which a presenter is in the same room as other attendees.

   (L) Distance-learning credits are CLE credits earned in programs in which the presenter is not physically present in the same room as the attendees, including, but not limited to, archived video or audio programs, presentations made via Zoom, WebEx, or similar videoconferencing platforms, live webcasts, telephone broadcasts, or simultaneous broadcasts, unless the video broadcast is directed to an overflow room at a location in which the presenter is in the same room as other attendees.

§ 3-401.2(C) amended November 16, 2011; § 3-401.2(J) amended June 28, 2017; § 3-401.2(J) amended June 17, 2020; § 3-401.2(K) and (L) amended September 13, 2023.

   (A) There is hereby established the Nebraska Supreme Court Continuing Legal Education Commission consisting of seven members. The Nebraska Supreme Court shall appoint to the commission six resident members of this state who are active members of the Nebraska State Bar Association licensed to engage in the practice of law in Nebraska. There shall be one such attorney member appointed from each of the six Nebraska Supreme Court judicial districts. The attorney members shall serve a term of three (3) years each. Of the six members initially appointed, two members shall serve for one (1) year, two members shall serve for two (2) years, and two members shall serve for three (3) years. The seventh member shall be a justice of the Nebraska Supreme Court appointed by the Chief Justice. No attorney member shall serve more than two consecutive terms as a member of the commission.

   (B) The commission shall meet at such places and times as it determines. The members shall be entitled to reimbursement for reasonable travel, lodging, and other reasonable expenses incurred in the performance of duties relating to the commission.

   (C) The Nebraska Supreme Court shall adopt rules governing the operations and activities of the commission.

   (D) The administrator of the commission shall be the Director.

   (E) The Director, on behalf of the commission, shall have the following duties with respect to CLE for attorneys:

   (1) To exercise general administrative authority over the Nebraska Supreme Court program for CLE established by these rules;

   (2) To accredit program sponsors, courses, programs, and other educational activities that will satisfy the educational requirements of these rules;

   (3) To approve CLE activities other than accredited courses for credit toward the requirements of these rules;

   (4) To establish and maintain a system for recording and monitoring attorney legal education credits required by these rules;

   (5) To review and rule on attorney applications for waivers and extensions of time to the requirements of these rules;

   (6) To notify attorneys pursuant to § 3-401.11 of their failure to comply with the requirements of these rules;

   (7) To report promptly to the commission concerning any violation of these rules by any active member of the Nebraska State Bar Association;

   (8) To set fees for sharing U.S. Postal mailing lists with CLE sponsors for correspondence with Nebraska attorneys.

   (F) The Director, his or her representatives, and members of the CLE commission, and all others whose assistance is requested by any of the foregoing in connection with the enforcement of these rules, shall be immune from suit for any conduct in the course of their official duties under these rules.

   (A) Active members of the Nebraska State Bar Association admitted to engage in the active practice of law in this state shall complete a minimum of ten (10) hours of accredited or approved CLE in each annual reporting period. Of the ten (10) hours, at least two (2) hours shall be in the area of professional responsibility.

   (B) CLE credit hours for each attorney shall be reported to the Director as set forth in these rules and in the manner prescribed by the Nebraska Supreme Court. Reporting shall be completed in electronic form using the MCLE on-line system.

   (C) Effective for CLE credits earned on or before December 31, 2023, an attorney completing more than ten (10) CLE credit hours during the annual reporting period may receive credit in the next succeeding annual reporting period for the CLE credit hours earned in excess of ten (10) hours if the proposed carryover consists of in-person credits, and provided that the excess CLE credit hours carried over into the next succeeding annual reporting period may not exceed five (5) hours. CLE credit hours in the area of professional responsibility are an annual requirement, and those credit hours shall not roll over.

   (D) Effective for CLE credits earned on or after January 1, 2024, an attorney completing more than ten (10) CLE credit hours during the annual reporting period may receive credit in the next succeeding annual reporting period for the CLE credit hours earned in excess of ten (10) hours, provided the excess CLE credit hours carried over into the next succeeding annual reporting period may not exceed the annual MCLE requirement for the following year. Credits that are carried over shall maintain the class type for which they were originally earned (in-person or distance learning credit). CLE credit hours in the area of professional responsibility are an annual requirement, and those credit hours shall not roll over.

§ 3-401.4(C) amended November 12, 2009; § 3-401.4(B) amended November 16, 2011; § 3-401.4(C) amended March 28, 2012; § 3-401.4(C) amended September 13, 2023; §3-401.4(C) and (D) amended February 14, 2024.

   The following attorneys are exempt from CLE requirements as set forth by these rules:

   (A) Attorneys during the time they are on inactive status pursuant to Neb. Ct. R. § 3-803(B)(2).

   (B) Members of the U.S. Armed Forces under the following circumstances:

   (1) Attorneys who are on continuous Active Military Service under title 10 or title 32 of the U.S. Code or State Active Duty under the jurisdiction of any state or territory of the United States for a period of at least six (6) months during the annual reporting period.

   (2) Active component members or members of the reserve forces of the U.S. Military who are serving in excess of thirty (30) days but less than six (6) months of continuous active duty military service under title 10 or title 32 of the U.S. Code or State Active Duty under the jurisdiction of any state or territory of the United States. Upon release or discharge from service as described in this paragraph, said attorneys shall have either six (6) months or until the end of the annual reporting period, whichever is longer, to obtain the required CLE credits.

   (C) All persons subject to mandatory judicial branch education pursuant to Neb. Ct. R.§ 1-501 et seq., including judges and attorneys.

   (D) Attorneys who have been disbarred from the practice of law by order of the Nebraska Supreme Court.

   (E) Newly admitted attorneys shall be subject to this article beginning January 1 of the year following admission to the Nebraska State Bar Association. However, up to 5 in-person credits earned in the year of admission may be carried over into the subsequent reporting period.

§ 3-401.5(F) adopted January 12, 2011; § 3-401.5(E) amended December 12, 2012; § 3-401.5(D) amended October 15, 2014; § 3-401.5(E) amended September 6, 2017; § 3-401.5(F) deleted June 28, 2017, effective January 1, 2018; § 3-401.5(E) amended September 13, 2023.

   An accredited CLE sponsor is a person or organization who has qualified as such under this rule. The programs of an accredited CLE sponsor shall be automatically approved for CLE credit so long as its status as an accredited CLE sponsor remains active, the $25 fee required by § 3-401.6(D) has been received by the Director no later than ten (10) days prior to the program being offered, the reporting requirements of § 3-401.9 have been agreed to by the sponsor, and there has been no revocation by the Director.

   (A) An organization or person desiring to become an accredited CLE sponsor may apply for accreditation to the Director. Such application shall be submitted at least sixty (60) days prior to any educational activity. An accredited CLE sponsor's programs shall meet the educational standards of § 3-401.7. The Director may grant an application for accreditation as an accredited CLE sponsor if he or she is satisfied that the applicant's programs meet the standards set forth in § 3-401.7 and provided the applicant complies with the following:

   (1) The person or organization submits to the Director, on a form approved for that purpose, information on CLE programs offered during the two (2) years immediately preceding the request for accredited CLE sponsor status. If the person or organization has been offering CLE courses for five (5) years or less, the Director may, at his or her discretion, request submission of course materials for inspection.

   (2) The sponsor pays a one-time nonrefundable accreditation fee of $200.

   (B) Accreditation is not approved until the sponsor is notified in writing by the Director.

   (C) The Director may, at any time, reevaluate the programs being presented by an accredited CLE sponsor. If, after such reevaluation, the Director finds there is cause for revocation of the accreditation of a sponsor, he or she shall provide written notice of such cause to the sponsor and shall allow the sponsor fifteen (15) days to show cause to the Director why such accreditation should not be revoked. If such sponsor fails to adequately show cause why the accreditation should not be revoked, the Director may revoke the accreditation and shall promptly notify the sponsor of such decision. In addition, if the Director in his or her judgment concludes that a course fails to meet the educational standards for approval set forth in § 3-401.7, he or she may deny or withdraw approval for the course even though offered by an accredited sponsor.

   (D) An accredited CLE sponsor shall pay a nonrefundable fee of $25 for each occasion a course or program is offered by that sponsor under these rules.

§ 3-401.6 amended November 12, 2009.

   (A) An individual CLE course offered by a program sponsor other than an accredited CLE sponsor may be approved for credit if the $50 application fee required by § 3-401.7(D) has been received by the Director, the reporting requirements of § 3-401.9 have been agreed to by the program sponsor, and the course meets the following educational standards:

   (1) It has as its goal the teaching of a subject matter primarily related to the practice of law or to a discipline in which further education of attorneys would be beneficial to the practice of law.

   (2) It constitutes an organized program of learning, including lectures, workshops, or symposiums, which contributes directly to the professional competency of an attorney.

   (3) It pertains to legal subjects or other subject matters having significant intellectual or practical content relating to the practice of law or to the education of attorneys with respect to professional responsibility.

   (4) It is conducted or taught by attorneys or other persons who have the necessary academic or practical skills to conduct the course effectively and who have special education, training, and experience by reason of which they should be considered knowledgeable concerning the subject matter of the program.

   (5) Each attendee must be provided with written or electronic course materials that substantively pertain to the subject matter of the program and are of a quality and quantity that indicate adequate time has been devoted to their preparation and they will be of value to the attendees in the course of the practice of law.

   (6) Distance-learning credits shall be subject to the 5-hour annual cap set forth in § 3-401.8(A). Further, those not physically attending must have the opportunity for interaction with those teaching the course. In the case of archived courses, the interaction component may be satisfied by the sponsor providing contact information for faculty. No credit will be given for archived video or audio programs whose content is more than two (2) years old.

   (B) An organization or person, other than an accredited sponsor, desiring prior accreditation of a course or program shall apply for accreditation or approval to the Director at least forty-five (45) days before the activity. The application shall include a brief resume of the activity; its dates, subjects, and instructors and their qualifications; and a copy of the program outline, brochure, or other documentation upon which the Director can make a determination as to the credits. The Director shall approve or deny such application in writing within thirty (30) days of receiving the application.

   (C) An attorney seeking credit for participation in an education course or program for which credits were not approved in advance by the Director shall submit the course for approval subsequent to attendance through the on-line system and include in the submission information from the sponsor outlining a brief resume of the activity; its dates, subjects, and instructors and their qualifications; and a copy of the sponsor's program outline, brochure, or other documentation upon which the Director can make a determination as to the credits to which the applicant is entitled. Within a reasonable time after receipt of the approval request and accompanying materials, not to exceed thirty (30) days, the Director shall assign the number of credits, if any, being granted through the on-line system. Attorneys affiliated with the education sponsor or serving as faculty for the education event cannot submit the sponsor's activities for approval using their attorney user account credentials for the on-line system.

   (D) A person or organization seeking accreditation of a course or program as a program sponsor under this section shall pay a nonrefundable application fee of $50 at the time of submitting the application to the Director. No application fee shall be required of an attorney who applies for accreditation solely as an attendee. The nonrefundable fee of $50 shall be submitted along with an approval request each occasion a course or program is offered by the sponsor under these rules.

§ 3-401.7(B) amended September 9, 2009; § 3-401.7(A)(6) amended December 8, 2010, effective January 1, 2011; § 3-401.7(A)(6) amended February 24, 2011; § 3-401.7(C) amended November 16, 2011; § 3-401.7(C) and (D) amended December 12, 2012; §§ 3-401.7(A)(6) and (C) amended June 28, 2017; § 3-401.7(A)(6) amended September 13, 2023.

   Subject to the annual credit number limitations set forth below, which apply to all CLE activities, an attorney may receive CLE credit for activities other than attendance at courses offered by accredited CLE sponsors or individual courses approved under § 3-401.7. 

   (A) Up to five (5) hours in the annual reporting period may be obtained through completion of computer-based legal education accredited by the Director. Effective for CLE credits earned on or after January 1, 2024, credits earned in excess of the annual limit for this class type will carry over into the following year up to the annual credit limitation.

   (B) Up to five (5) hours in the annual reporting period may be obtained for approved "in-house" CLE programs as defined by § 3-401.2(D). “In-house” CLE must be approved by the Director and application for credit shall be in the manner prescribed by the Nebraska Supreme Court. In order for an in-house CLE program to be approved, the Director must approve it on application of the sponsor no fewer than thirty (30) days before the commencement of the program. The application must include a description of the dates, times, places, faculty members, and the subject matter of the program and an explanation of how the program meets the educational standards of § 3-401.7. In addition, the "in-house" program sponsor must agree to the reporting requirements of § 3-401.9, including payment of the sponsor's fee of $1 per approved credit hour for each attorney. Credits earned in excess of the annual limit for this class type will not carry over into the following year.

   (C) Up to five (5) hours in the annual reporting period may be obtained for teaching pre-approved CLE programs. An attorney seeking credit for teaching approved CLE programs must make written application to the Director with an explanation of time spent in preparation of teaching the CLE materials. This credit shall be in addition to credit for attending the approved CLE program. No credit shall be given for teaching directed primarily to candidates for a law degree. No credit shall be given for teaching the same course on more than one occasion in a reporting period. Credits earned in excess of the annual limit for this class type will not carry over into the following year.

   (D) Attendance at J.D.- or graduate-level law courses offered by American Bar Association (ABA)-accredited law schools, subject to the following conditions:

   (1) Credit may be awarded for courses initiated and completed after admission to practice in Nebraska.

   (2) Credit toward MCLE requirements shall be for the actual number of class hours attended, but the maximum number of credits that may be earned during any annual reporting period by attending courses offered by ABA-accredited law schools shall be the maximum annual CLE hours required by Neb. Ct. R. § 3-401.4.

   (3) The course need not be taken for law school credit toward a degree; auditing a course is permitted. However, the attorney must comply with all law school rules for attendance, participation, and examination, if any, and complete the course to receive CLE credit.

   (4) The law school shall give each attorney a written certification evincing that the attorney has complied with requirements for the course and has completed the course.

   (5) Credits earned in excess of the annual limit for this class type will not carry over into the following year.

   (E) Subject to the limitations listed above, for attendance at educational activities that are not approved in advance, provided that the attorney seeking credit submits to the Director a written report which shall include a brief resume of the activity; its dates, subjects, and instructors, and their qualifications; a copy of the program outline or brochure; and an explanation of how the activity meets the educational standards of § 3-401.7, and that the Director approves the credit.

§ 3-401.8(D) and (E) amended February 3, 2010; § 3-401.8 amended June 9, 2010; § 3-401.8(C) amended December 8, 2010, effective January 1, 2011; § 3-401.8 and (E) amended March 28, 2012; § 3-401.8(C) amended October 15, 2014; § 3-401.8(C) amended May 10, 2023; § 3-401.8 amended February 14, 2024.

   (A) As a condition of accreditation pursuant to § 3-401.6 or program approval pursuant to § 3-401.7 or § 3-401.8(B), sponsors of CLE programs shall agree to remit to the Director an alphabetical list of Nebraska attorney attendees and shall pay to the Director a fee of $1 per approved credit hour for each Nebraska attorney who attends the program. This sponsor's fee, along with the list of attendees, shall be submitted to the Director in the manner provided by the Nebraska Supreme Court within thirty (30) days after the program is held.

   (B) All accredited CLE sponsors qualified under § 3-401.6 and program sponsors of individual courses or programs approved under § 3-401.7 shall agree to the following as a condition of accreditation or program approval:

   (1) An official record verifying all Nebraska attorneys' attendance at the activity shall be maintained by the sponsor for at least three (3) years after the completion date of the program.

   (2) The sponsor shall include the attorney's name on the official record only if such attorney attended the program and there is verifiable proof of attendance at the educational activity.

   (3) The official record of attendance shall state the name and bar number of the attorney, the date and location of the activity, and the title of the program attended along with the amount of CLE credit obtained from attendance at the activity.
   (4) Sponsors shall provide a certificate of attendance to all attorneys attending CLE programming provided by the sponsor. The certificate of attendance shall state the date, location, title of the program, and the amount of CLE credit obtained from attendance at the activity.

   (5) Accredited CLE sponsors and approved program sponsors shall include a statement in any materials promoting their approved educational activity, certifying that the sponsor is an accredited CLE sponsor or approved program sponsor under these rules. Examples: "[Sponsor] is an accredited CLE sponsor in the State of Nebraska" or "[Sponsor] certifies that this activity has been approved for CLE credit in the State of Nebraska."

   (6) Sponsors shall not provide promotional material or other information to Nebraska attorneys that provides credit totals that differ from the credit total approved by the Nebraska MCLE Commission. In the case of programs offering distace-learning credits or in-house programs lasting longer than five (5) hours, the course promotional material shall indicate the cap imposed upon such programs contained in §§ 3-401.8(A) and 3-401.8(B).

§§ 3-401.9(B)(6) and (C) amended February 24, 2011; § 3-401.9(C) deleted June 28, 2017; § 3-401.9(B)(6) amended September 13, 2023.

   (A) On or before October 1 of each annual reporting period, the Director shall provide e-mail notification to all active attorneys to review their on-line accounts and make sure all education is reported in order to facilitate the timely filing of annual reports beginning December 1.

   (B) On or before January 20 following the end of the annual reporting period, each attorney admitted to the active practice of law in this state shall make a report to the Director, through the use of the on-line MCLE system, evidencing completion of accredited or approved CLE, including professional responsibility education, during the preceding reporting period.

   (C) Once an annual report is submitted through the on-line system, the CLE record for the attorney becomes final and cannot be modified.  In the event an attorney chooses to rescind an annual report and refile for the year, the request to do so must be received by the MCLE Commission no later than January 31 following the end of the reporting period. A request to rescind and refile a report can only be processed upon the payment of a $25 fee to the MCLE Commission.

   (D) All attorneys who file the report after January 20 following the end of the annual reporting period shall pay a penalty of $25. A penalty of $50 shall be assessed on reports received on or after February 1, and a penalty of $75 shall be assessed on reports received on or after March 1. All penalties shall be paid through the on-line system.

   (E) An attorney who fails to file an annual report shall not be allowed to transfer to inactive status pursuant to Neb. Ct. R. § 3-803(B) until a compliant report is filed.

§ 3-401.10(A) and (C) amended and (D) deleted November 16, 2011; § 3-401.10(B) and (C) amended and (D) adopted March 28, 2012; § 3-401.10(D) amended May 16, 2018.

   (A) Any attorney who fails to comply with the provisions of this rule may have his or her right to practice law suspended by the Nebraska Supreme Court, provided that at least forty-five (45) days prior to such suspension, the Director shall provide notice of noncompliance to the attorney by e-mail and regular U.S mail addressed to the attorney at his or her last known address. The attorney shall be given forty-five (45) days to file with the Director such information, documents, sums, and penalties which, if accepted, would cure the delinquency.

   (B) If compliance does not occur within forty-five (45) days as stated in § 3-401.11(A), a statement of noncompliance shall be filed by the Director with the commission. The commission shall enter an order to show cause why the attorney should not be suspended from the practice of law for failure to comply with these rules. A hearing may be requested by the attorney as set forth in § 3-402.3.

   (C) If the commission finds that cause was not shown, a recommendation of suspension from the practice of law for failure to comply with these rules shall be made to the Nebraska Supreme Court by submission of the same to the Office of the Clerk of the Nebraska Supreme Court.

   (D) The Nebraska Supreme Court shall enter an order to show cause why such attorney should not be suspended from the practice of law as an active member of the Nebraska State Bar Association. Such order shall be sent to the attorney by regular mail and email and notify the attorney that a response to the order to show cause may be submitted by affidavit to the commission which shall provide the same to the Nebraska Supreme Court. The Nebraska Supreme Court shall, after consideration of the matter, enter such an order as it may deem appropriate. If an order of suspension shall be entered, such attorney shall not practice law until restored to active status as set forth below.

§ 3-401.11(A) amended December 11, 2013; § 3-401.11(A) amended June 28, 2017; § 3-401.11(D) amended December 8, 2021.

   (A) Attorneys on inactive status as defined by § 3-401.2(F) and attorneys who have resigned or retired from the NSBA as of December 31 of any year who apply for reinstatement to active status pursuant to Neb. Ct. R. § 3-119(E) during any subsequent calendar year shall be required to complete ten (10) hours of approved CLE in the twelve (12) months immediately preceding the application as a condition of reinstatement. Such hours of credit required shall include two (2) hours of professional responsibility education as defined by § 3-401.2(J) and shall be subject to the limitations based on class type as defined by § 3-401.8. In addition if the attorney transferred to an inactive status or resigned while not in compliance with MCLE requirements, the attorney must cure the noncompliance and pay any late fees for the delinquent report. Only those credits earned in the calendar year of reinstatement exceeding the required hours for reinstatement shall be counted toward the credit requirement for the year of reinstatement to active status.

   (B) Attorneys suspended from the practice of law for more than 12 months for reasons other than those listed in § 3-401.12(C) shall be required to complete ten (10) hours of approved CLE in the twelve (12) months immediately preceding the application for reinstatement as a condition of reinstatement. Such hours of credit required shall include two (2) hours of professional responsibility education as defined by § 3-401.2(J) and shall be subject to the limitations based on class type as defined by § 3-401.8. Only those credits earned in the calendar year of reinstatement exceeding the ten (10) hours of credit required for reinstatement shall be counted toward the credit requirement for the year of reinstatement to active status.

   (C) Attorneys suspended from the practice of law due to the failure to file a report of MCLE or for failing to pay mandatory assessments, prior to reinstatement to the practice of law in Nebraska, shall submit to the Nebraska Supreme Court Attorney Services Division a written request for reinstatement upon the form provided. The Administrator of Attorney Services shall submit the application to the Supreme Court, together with a written statement evidencing the payment of any penalties as established by these rules and the making up of any deficiency in the CLE requirements incurred prior to suspension or, if applicable, during the suspension. In no event shall the hours required for reinstatement exceed a total of 20 hours.

§ 3-401.12(A) amended April 21, 2011; § 3-401.12(A) and (B) amended December 12, 2012; § 3-401.12(C) deleted December 12, 2012; § 3-401.12 amended October 15, 2014; § 3-401.12(A) amended April 13, 2016; § 3-401.12(A) amended January 2, 2019; § 3-401.12(C) amended September 4, 2019.

   (A) If, due to disability, hardship, or extenuating circumstances, an attorney is unable to complete the hours of accredited CLE during the preceding reporting period as required by § 3-401.4, the attorney may apply to the Director for an extension of time in which to complete the hours. Such request for extension of time shall be filed with the Director by December 1 of the annual reporting period. No extension of time to complete CLE shall be granted unless written application for the extension is made via the Nebraska Supreme Court Attorney Services website. An extension of time shall not exceed a period of six (6) months immediately following the last day of the year in which the requirements were not met.

   (B) If, due to disability, hardship, or extenuating circumstances, an attorney is unable to meet the minimum required hours for CLE during the annual reporting period as required by § 3-401.4, or is unable to meet the minimum required hours for CLE without exceeding the limit on distance-learning credit as set for the § 3-401.8, the attorney may apply to the Director for a waiver of the minimum education requirements.  Such request for waiver shall be filed with the Director by December 1 of the annual reporting period. No waiver shall be granted unless application is made via the Nebraska Supreme Court Attorney Division website. A waiver of the minimum educational requirements shall not exceed one (1) year or ten (10) credit hours. After one (1) year, the attorney may reapply for an extension of the waiver if such disability, hardship, or extenuating circumstances still exist.

   (C) The press of business shall not be considered a disability, hardship, or extenuating circumstance.

§ 3-401.13(A) and (B) amended September 13, 2023.

   Unless otherwise directed by the Nebraska Supreme Court, the files, records, and proceedings of the Director and the commission, as they relate to the requirements of this article, shall be deemed confidential and shall not be disclosed, except in furtherance of the Director's or commission's duties or upon the request of the attorney affected, or as they may be introduced in evidence or otherwise produced in proceedings taken in accordance with these rules or as the records may relate to U.S. Postal mailing lists used exclusively to provide information on CLE programs to attorneys licensed in the State of Nebraska.

   Funds collected pursuant to §§ 3-401.6 through 3-401.11 of these rules shall be used by the Director for the purpose of management and oversight of CLE as required by the Nebraska Supreme Court under its constitutional and inherent authority.

   The commission shall have the authority to:

   (A) Grant and hold hearings, upon request, regarding the issues set forth in §§ 3-402.2 and 3-402.3.

   (B) Propose amendments to this article, § 3-401.1 et seq.

   (C) Issue orders to show cause relating to attorney noncompliance under § 3-401.11.

   (D) Determine issues of noncompliance and recommend suspension from the practice of law to the Nebraska Supreme Court.

   (E) In addition to the authority granted above, the commission shall perform any other duties as directed by the Nebraska Supreme Court.

   (A) If so requested by a sponsor, faculty, or sumbitting attorney within fifteen (15) days of the notice of course approval or denial, the commission shall grant a review hearing on the following issues relating to § 3-401.1 et seq. listed below. If a review hearing is requested by only a submitting attorney, no hearing shall be granted in situations where the resolution will have no impact on the record of the attorney such as when an attorney has met or exceeded the annual requirements for CLE under these rules:

   (1) The Director's denial of accredited CLE Sponsor status to a person or organization pursuant to § 3-401.6.

   (2) The Director's denial of individual course approval to a person, organization, or attorney as set forth in § 3-401.6(C) and § 3-401.7.

   (3) The Director's denial of an attorney's request for credit for activities other than attending accredited or approved courses as set forth in § 3-401.8.

   (4) The Director's denial of an attorney's request pursuant to § 3-401.10(D) to obtain an extension of time to file the written reports required by § 3-401.10.

   (5) The Director's denial of an attorney's application pursuant to § 3-401.13 to obtain an extension of time to complete or obtain a waiver of the minimum educational requirements as set forth in these rules.

   (B) Upon granting a review hearing, the commission shall serve notice of the time and place of the hearing on the parties by certified mail, return receipt requested, at the last known address of the party requesting such hearing.

   (C) The hearing shall be held upon not less than twenty (20) days' notice nor later than thirty (30) days after granting such request for hearing.

   (D) The parties shall be permitted to be represented by counsel, shall be permitted to examine and cross-examine witnesses, and may file with the commission any statement, answer, affidavit, document, exhibit, or any such other evidence as may be relevant to the issue at hand.

   (E) The commission shall have the right to receive any type of evidence it deems relevant and material. The hearing need not be conducted in accordance with the Nebraska Evidence Rules.

   (F) At the conclusion of the hearing, the commission shall make written findings of fact and conclusions of law and order appropriate corrective action. A copy of the findings, conclusions, and order shall be sent to all parties to the hearing.

   (G) A minimum of four (4) appointed commission members and the Nebraska Supreme Court Justice commission member must be present at any hearing.

   (H) An effort shall be made to hold all hearings required under these rules with distance technology to avoid the burdens of travel.

   (I) A majority vote of the commission members in attendance at the hearing is required in order to grant or deny relief. The Nebraska Supreme Court Justice commission member shall vote only in the event of a tie.

   (J) In the event there is more than one appeal of a course approval or denial, the matters shall be consolidated for appeal.

§ 3-402.2(A), (H), and (I) amended June 28, 2017; § 3-402.2(A), (A)(2), and (J) amended May 5, 2021.

   (A) When the commission has issued an order to show cause pursuant to § 3-401.11(B) based on a finding by the Director of noncompliance with these rules, an attorney may request and shall be entitled to a hearing before the commission.

   (B) Upon request for such hearing, the commission shall serve notice of the time and place of the hearing on the parties by certified mail, return receipt requested, at the last known address of the party requesting such hearing.

   (C) The hearing shall be held upon not less than twenty (20) days' notice nor later than thirty (30) days after the request for hearing.

   (D) The parties shall be permitted to be represented by counsel, shall be permitted to examine and cross-examine witnesses, and may file with the commission any statement, answer, affidavit, document, exhibit, or any such other evidence as may be relevant to the issue of noncompliance.

   (E) The commission shall have the right to receive any type of evidence it deems relevant and material. The hearing need not be conducted in accordance with the Nebraska Evidence Rules.

   (F) At the conclusion of the hearing, the commission shall make written findings of fact and conclusions of law and a determination of whether or not cause has been shown. A copy of the findings, conclusions, and order shall be sent to all parties to the hearing.

   (G) A minimum of four appointed commission members and the Nebraska Supreme Court Justice commission member must be present at any hearing.

   (H) If the commission determines that cause was not shown, a recommendation of suspension from the practice of law for failure to comply with these rules shall be made to the Nebraska Supreme Court.

   (I) A majority vote of the commission members in attendance at the hearing is required in order to grant or deny relief. The Nebraska Supreme Court Justice commission member shall vote only in the event of a tie.

Adopted November 26, 2008.