Section 120. Waivers

A. A waiver may be sought by filing with the board a request, together with any appropriate or required supporting material or documentation (e.g. doctors' letters, medical records). The filing of any waiver request does not toll the running of any time limit set forth in this chapter or the Rule regarding suspension.

B. A waiver shall be valid for a single reporting period, unless renewed or extended by the board. A waiver will be granted only for good cause.

C. If the waiver is based on medical reason, condition, illness, or hospitalization, then the application for waiver shall be a completed form entitled: "Request for Waiver Based on Hospitalization, Illness, or Medical Reason." It must be completed and signed by the admitting, family or attending health care provider, and it must set forth the medical condition, hospitalization, or illness which prevents the member from completing the required MCLE courses for the period for which the waiver is being requested and have attached to it any appropriate supporting material or documentation.

D. If the waiver is based on nonmedical reasons, then the grounds should be stated in a letter to the board and any appropriate supporting material or documentation should be attached.

E. All waiver requests should be promptly submitted when the grounds for the waiver request become known to the applicant or applicant's representative. Failure to file a waiver request in a timely manner may be considered by the board in determining whether to grant a waiver. A prudent lawyer will use the carryover of credits provision of the Rule to avoid most nonmedical based waiver requests.

Historical Notes

Derived from VR167-01-601 § 12, eff. July 1, 1991; amended, Volume 11, Issue 11, eff. July 7, 1993.

Statutory Authority

§ 54.1-3910; Part 6, §IV, Paragraph 17 of Rules of Virginia Supreme Court.