(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) If the course involves the use of distance learning formats, including, but not limited to, archived video or audio programs, webcasts, telephone broadcasts, or simultaneous broadcasts, the credits shall be subject to the 5-hour annual cap set forth in § 3-401.8(A). Further, those not physically attending must have substantially the same opportunity for interaction with those teaching the course as they would if physically present at the same location. No credit will be given for archived video or audio programs whose content is more than one (1) year 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 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 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.