Section 40. Procedure for approval of programs

A. A member or course sponsor desiring approval of a course or program shall submit to the board all information called for by the "Application for Approval of a Continuing Legal Education Course." The content of this application has been promulgated by the board and may be changed from time to time. A member seeking approval of a course as a "specially approved course or program" should include on the Application for Approval of a Continuing Legal Education Course, or as an attachment to it, a statement of why the course has significant value to the member's practice. The board shall then determine whether the course or program satisfies the requirements of 15VAC5-70-30. If the course or program is approved, the board also shall determine the number of hours credit to be awarded. The board shall notify the requesting member or sponsor of its decision within 60 days after receipt of the completed application. The board shall maintain and make available a list of all approved courses and programs for each reporting period. An approved course or program is accredited only for the reporting period for which it is approved. A "specially approved course or program" is accredited only for the member for whom approved.

B. The sponsor of an approved course or program should include in its brochures or course descriptions the information contained in the following illustrative statement: "This course or program has been approved by the Virginia Mandatory Continuing Legal Education Board for . . . . . . . . . . . . . . . . . . . hours of credit, of which . . . . . . . . . . . . . . . . . . . hours will also apply in the area of legal ethics or professionalism." An announcement is permissible only after the course or program has been specifically approved pursuant to an application submitted directly by the sponsor.

C. The sponsor of an approved course or program that has not yet been approved after application should announce: "Application for approval for this course or program is pending with the Virginia Mandatory Continuing Legal Education Board."

D. At each presentation of an approved course or program or one for which approval is pending, the sponsor shall make available copies of the board's Certification of Attendance at an Approved Course or Program for completion by attendees and the board's Certification of Teaching at an Approved Course or Program for completion by instructors and shall collect those executed and turned in. The content of these certifications has been promulgated by the board and may change from time to time. Within five days following the final presentation of the course, the sponsor shall submit to the board the forms turned in by the attendees and instructors.

E. In the instance of a course or program presented while an application for approval is pending, it will be the responsibility of the sponsor to notify each member in attendance, within 30 days after the course or program is presented, whether the course or program was approved and if so, the number of credit hours for which approved. If such course or program is not approved, then such attending member will not receive any credit hours for attendance. However, a member may seek approval in the manner specified in 15VAC5-70-40 F.

F. Any member seeking credit after attending, or any sponsor seeking approval after presenting a course or program, shall submit to the board all information called for on the Application for Approval of a Continuing Legal Education Course. The board will then determine whether the program qualifies under this chapter and, if so, how many credit hours are approved. The board will promptly notify the applicant of its decision.

Historical Notes

Derived from VR167-01-601 § 4, 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.