View - State of Iowa

Ch 42, p.2 CONTINUING LEGAL EDUCATION REGULATIONS May 2012
Rule 42.4 Accreditation of programs and activities.
42.4(1) Prior accreditation of activities. An organization or person that desires prior accreditation
of a course, program or other legal education activity satisfying Iowa Ct. R. 41.2, or an attorney who
desires to establish accreditation of such activity prior to attendance, shall apply for accreditation to
the commission at least 60 days in advance of the commencement of the activity on a form provided
by the commission. The commission shall approve or deny such application in writing within 30 days
of receipt of such application. The application shall state the dates, subjects offered, total hours of
instruction, names and qualifications of speakers, and other pertinent information.
42.4(2) Post-accreditation of activities. An attorney or organization on behalf of an attorney
seeking credit for attendance at or participation in an educational activity which has not received
prior accreditation shall submit to the commission, within 30 days after completion of such activity,
a request for credit, including a brief résumé of the activity, its dates, subjects, instructors and their
qualifications, and the number of credit hours requested therefor. Within 30 days after receipt of
such application, the commission shall advise the attorney or organization in writing by ordinary
mail whether the activity is accredited and the number of hours allowed therefor. An attorney or
organization not complying with the requirements of this rule may be denied credit for such activity.
42.4(3) Fee for organization applications for accreditation. To support administration of this
chapter, any organization or other activity sponsor applying for accreditation of an activity shall pay
to the commission a prescribed nonrefundable application fee for each activity. No application fee
shall be required of an attorney who applies for accreditation solely as an attendee. The commission
may waive the application fee for any of the following reasons:
a. For any activity offered at no charge to attendees for the educational portion of the activity.
b. For any presentation of the identical program at additional places or dates during a calendar
year, provided the original presentation of the program was approved.
[Court Order November 25, 1975; November 9, 2001, effective February 15, 2002; February 22, 2002;
November 23, 2004, effective July 1, 2005]
Rule 42.5 Hardships or extenuating circumstances.
42.5(1) The commission may, in individual cases involving hardship or extenuating
circumstances, grant waivers of the minimum educational requirements or extensions of time within
which to fulfill the same or make the required reports. No waiver or extension of time shall be
granted unless written application therefor shall be made on forms prescribed by the commission. A
$25 fee will be assessed on all waiver or extension of time applications received after January 15 of
the year following the year in which the alleged hardship occurred.
42.5(2) Waivers of the minimum educational requirements may be granted by the commission for
any period of time not to exceed one year. In the event that the hardship or extenuating circumstances
upon which a waiver has been granted continue beyond the period of the waiver, the attorney must
reapply for an extension of the waiver. The commission may, as a condition of any waiver granted,
require the applicant to make up a certain portion or all of the minimum educational requirements
waived by such methods as may be prescribed by the commission.
42.5(3) Extensions of time within which to fulfill the minimum educational requirements may,
in individual cases involving hardship or extenuating circumstances, be granted by the commission
for a period not to exceed six months immediately following expiration of the year in which the
requirements were not met. Hours of minimum educational requirement completed within such an
extension period shall be applied first to the minimum educational requirement for the preceding year
and shall be applied to the current or following year only to the extent that such hours are not required
to fulfill the minimum educational requirement for the preceding year.
[Court Order November 25, 1975; August 12, 1980; November 9, 2001, effective February 15, 2002]
Rule 42.6 Exemptions for inactive practitioners. A member of the bar who is not engaged in the
practice of law in the state of Iowa as defined in Iowa Ct. R. 39.7 residing within or without the state
of Iowa may be granted a waiver of compliance and obtain a certificate of exemption upon written
application to the commission. The application shall contain a statement that the applicant will not
engage in the practice of law in Iowa, as defined in Iowa Ct. R. 39.7, without first complying with all
regulations governing reinstatement after exemption. The application for a certificate of exemption
shall be submitted upon the form prescribed by the commission.
[Court Order November 25, 1975; November 9, 2001, effective February 15, 2002]