1D.1521 Noncompliance

(a) Failure to Comply with Rules May Result in Suspension. A member who fails to meet the minimum requirements of these rules, including the payment of duly assessed penalties and fees, may be suspended from the practice of law in North Carolina.

(b) Late Compliance. Any member who fails to complete his or her required hours by the end of the member’s reporting period (i) shall be assessed a late compliance fee in an amount set by the Board and approved by the Council, and (ii) shall complete any outstanding hours within 60 days following the end of the reporting period. Failure to comply will result in a suspension order pursuant to Paragraph (c) of this Rule.below.

(c) Suspension Order for Failure to Comply. 60 days following the end of the reporting period, the Council shall issue an order suspending any member who fails to meet the requirements of these rules within 45 days after the service of the order, unless the member shows good cause in writing why the suspension should not take effect. Additionally, the member shall be assessed a non-compliance fee as described in Paragraph (d) of this Rule.below. Notice shall be served on the member by mailing a copy thereof by registered or certified mail or designated delivery service (such as Federal Express or UPS), return receipt requested, to the last known address of the member according to the records of the North Carolina State Bar or such later address as may be known to the person attempting service. Service of the notice may also be accomplished by (i) personal service by a State Bar investigator or by any person authorized by Rule 4 of the North Carolina Rules of Civil Procedure to serve process, or (ii) email sent to the email address of the member contained in the records of the North Carolina State Bar if the member sends an email from that same email address to the State bar acknowledging such service. A member who cannot, with reasonable diligence, be served by registered or certified mail, designated delivery service, personal service, or email shall be deemed served upon publication of the notice in the State Bar Journal.

(d) Non-Compliance Fee. A member to whom a suspension order is issued pursuant to Paragraph (c) of this Rule above shall be assessed a non-compliance fee in an amount set by the Board and approved by the Council; provided, however, upon a showing of good cause as determined by the Board, as described in Paragraph (g)(2) below, the fee may be waived. The non-compliance fee is in addition to the late compliance fee described in Paragraph (b) of this Rule.above.

(e) Effect of Non-compliance with Suspension Order. If a member fails to meet the requirements during the 45-day period after service of the suspension order under Paragraph (c) of this Rule,above, the member shall be suspended from the practice of law subject to the obligations of a disbarred or suspended member to wind down the member’s law practice as set forth in Rule .0128 of Subchapter 1B.

(f) …