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§ 3-401.9. CLE sponsor reporting of attorney attendance; course promotional material requirements; attorney self-reporting of course completion.

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   (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 distance learning courses lasting longer than 5 hours, and in the case of in-house programs, the course promotional material shall indicate the cap imposed upon such programs contained in §§ 3-401.8(A) and 3-401.8(B).

   (C) Attorneys seeking CLE credit for any accredited or approved course involving distance learning formats, including, but not limited to, archived video or audio programs, webcasts, telephone broadcasts, simultaneous broadcasts, or computer-based legal education, as referenced in §§ 3-401.7(A)(6) and 3‑401.8, or for any other similar accredited or approved course for which there will be no sponsor reporting, shall submit to the Director a written report of completion, signed by the attorney, which includes the name of or other identifying information regarding the course; information regarding the prior accreditation or approval of the course; the sponsor of the course, if applicable; the total time spent in study; and the date and location of completion.

§§ 3-401.9(B)(6) and (C) amended February 24, 2011.

This page was last modified on Friday, September 28, 2012