Ill. S. Ct. R. 796

The following provisions apply to all two-year reporting periods ending June 30, 2023, and

after and all newly-admitted attorney reporting periods ending January 31, 2024, and after.

For all two-year reporting periods ending June 30, 2022, and before and newly-admitted

attorney reporting periods ending December 31, 2023, and before, the prior version of Rule 796

applies.

(a) Report of Compliance

The MCLE Board maintains a list of MCLE credits earned during an attorney’s reporting

period and reported to the MCLE Board. An attorney’s credit list is available to the attorney

via a secured login through the MCLE Board’s website.

The MCLE Board determines an attorney’s compliance with the MCLE requirements

based on the attorney’s credit list. On the date an attorney’s credit list reflects the attorney’s

compliance with the MCLE requirements for a given reporting period, the MCLE Bo ard will

automatically enter a report of compliance on behalf of the attorney.

(1) Notice of Requirement to Comply With the MCLE Requirements

The MCLE Board shall send to attorneys as set forth in (i), (ii), and (iii) below a notice of the

requirement to comply with the MCLE requirements, request a grace period extension of time

to comply with the MCLE requirements or report an exemption (“Initial MCLE Notice”).

(i) Newly-admitted attorney requirement

On or before the first day of the month preceding the end of an attorney’s newly-admitted

attorney requirement reporting period, the Director shall mail or email to the attorney, at a

mailing or email address maintained by the ARDC, an Initial MCLE Notice.

(ii) Two-year reporting period

On or before May 1 of each two-year reporting period, the Director shall mail or email to

the attorney, at a mailing or email address maintained by the ARDC, an Initial MCLE

notice.

(iii) The MCLE Board does not need to send an Initial MCLE Notice to the following:

(A) Attorneys on inactive or retirement status pursuant to Supreme Court Rule

756(a)(5) or (a)(6), respectively, or on inactive status pursuant to the former Supreme

Court Rule 770 or who have previously been placed on voluntarily removed status by

the ARDC;

(B) Attorneys on disability inactive status pursuant to Supreme Court Rules 757 or

758;

(C) Attorneys known by the Director to be fully exempt from these Rules pursuant

to Rule 791(b);

(D) Attorneys who have already been removed from the master roll of attorneys due

to the attorney’s failure to comply with the MCLE requirements for two consecutive

reporting periods or more;

(E) Attorneys whose compliance has been determined by the MCLE Board based

on the credit list;

(F) Attorneys who have reported to the MCLE Board a full exemption under Rule

791(a)(3), (a)(5), or (a)(6) by means of the Board’s online reporting system; or

(G) Attorneys who have requested a grace period extension under Rule 796(c).

(2) Every Illinois attorney who is either subject to these Rules or who is sent an MCLE

Initial Notice must have one of the following reports on file with the MCLE Board no later

than 31 days after the end of their reporting period (the “initial reporting deadline”): (i) a report

of compliance entered by the MCLE Board indicating that, based on the attorney’s credit list,

the attorney completed all the required credits for the reporting period by the last day of that

reporting period (“initial credit compl etion deadline”), (ii) a request for a grace period

extension submitted by the attorney using the Board’s online reporting system, or (iii) a valid

report of a full exemption from MCLE requirements.

Exemptions under Rule 791(a)(1) -(5) that are known to the MCLE Board based on an

attorney’s registration status with the ARDC are entered by the MCLE Board on the attorney’s

behalf. Attorneys entitled to an exemption under Rule 791(a)(6) must submit a repo rt of this

exemption to the MCLE Board using the Board’s online reporting system by the reporting

deadline.

It is the responsibility of each attorney on the master roll to notify the ARDC of any change

of address or email address. Failure to receive an Initial MCLE Notice shall not constitute an

excuse for failure to comply with the MCLE requirements or report of an exemption from those

requirements.

(b) Failure to Report Compliance

(1) Attorneys who fail to have a report of compliance or exemption entered for them by the

MCLE Board or fail to report an exemption under Rule 791(a)(6) by the initial reporting

deadline, or who request a grace period extension and pay the late fee required under paragraph

(d)(2) by the initial reporting deadline, shall be given 92 additional days from the initial

reporting deadline provided in Rule 796(a)(2) to achieve compliance (the “grace period

completion deadline”).

(2) The Director shall mail or e-mail a noncompliance notice to each attorney given the

additional time pursuant to paragraph (b)(1). The Director shall not send a noncompliance

notice to attorneys (i) whom the Director knows, based on the status of the attorneys’ licenses

with the ARDC as inactive, retirement, disability inactive, judicial, judicial staff, or military

are fully exempt from these Rules; or (ii) who have already been removed from the master roll

of attorneys due to the attorney’s failure to comply with the MCLE requirements for two

consecutive reporting periods or more.

(3) Attorneys with a Grace Period Extension to Achieve Compliance.

(i) Attorneys with a grace period extension to achieve compliance pursuant to

paragraph (b)(1) must have one of the following reports on file with any outstanding

applicable late fees as required by paragraph (d)(1) paid no later than the reporting

deadlines listed in paragraph (b)(3)(ii) below (“grace period reporting deadlines”):

(A) A report of having complied, entered by the MCLE Board based on the credit

list demonstrating that the attorney achieved compliance by the grace period deadline;

or

(B) A report of a valid full exemption under Rule 791(a)(6) submitted by the

attorney using the Board’s online reporting system.

(ii) Grace period reporting deadlines and fees

(A) For attorneys in two-year reporting periods, the grace period reporting deadline

is 30 days after the grace period completion deadline. Attorneys in two-year reporting

periods must have on file one of the reports in paragraph (b)(3)(i) and have paid an y

outstanding late fee required by paragraph (d)(1) below by the grace period reporting

deadline.

(B) For attorneys in newly-admitted attorney reporting periods, the grace period

reporting deadline is 60 days after the grace period completion deadline. Attorneys in

newly-admitted attorney reporting periods must have on file one of the reports in

paragraph (b)(3)(i) and have paid any outstanding late fees required by paragraph (d)(1)

below by the grace period reporting deadline.

(c) Grace Period

Attorneys given additional time pursuant to paragraph (b) to comply with the requirements of

these Rules may use that “grace period” to attain the adequate number of hours for compliance.

Credit hours earned during a grace period may be counted toward compliance with the previous

reporting period requirement, and hours in excess of the requirement may be used to meet the

current reporting period’s requirement. No attorney may receive more than one grace period with

respect to the same reporting period, and the grace period shall not be extended if the Director fails

to send, or the attorney fails to receive, a notice pursuant to paragraph (b).

(d) Late Fees

(1) Attorneys who are not fully exempt under Rule 791(a)(1), (2), (3), (4), or (5) and who,

for whatever reason, fail to have a report of compliance or exemption submitted pursuant to

Rule 796(a)(2) within 31 days after the end of their reporting period shall pay a late fee, in an

amount set by the MCLE Board fee schedule. The Director shall not assess a late fee to an

attorney whom the Director knows, based on the status of the attorney’s license with the ARDC

as inactive, retirement, disability inactive, judicial, judicial staff, or military are fully exempt

from these Rules.

(2) Attorneys who submit a request for the grace period extension to complete their credits

within 31 days after their reporting period ends shall pay a late fee with that request, in an

amount set by the MCLE Board fee schedule and that is less than the late fee imposed pursuant

to paragraph (d)(1).

(e) Failure to Comply, Failure to Report, or Failure to Pay Outstanding Fee

(1) The Director shall refer to the ARDC the names of attorneys who were mailed or

emailed a notice of noncompliance and who, by their grace period reporting deadlines, failed

to have on file with the MCLE Board: (i) a report entered by the MCLE Board that the attorney

achieved compliance with the requirements of these Rules by the grace period completion

deadline; or (ii) a report of a valid, full exemption from the requirements of these Rules under

Rule 791(a)(6) submitted by the attorney using the Board’s online reporting system. The

Director shall also refer to the ARDC the names of attorneys who, by their grace period

reporting deadlines, failed to pay any outstanding MCLE fee. On the same date as the referrals

are made by the Director, the ARDC shall remove the names of the referred attorneys from the

master roll for MCLE noncompliance.

(2) An attorney removed from the master roll for MCLE noncompliance by the ARDC

shall be mailed or e-mailed a notice by the Director informing the attorney of his or her

removal. The Director need not send a notice of removal to an attorney who has already been

removed from the master roll of attorneys due to the attorney’s failure to comply with the

MCLE requirements for two consecutive reporting periods or more.

(f) Audits

(1) The Board may conduct a reasonable number of audits, under a plan approved by

the Court. At least some of these audits shall be randomly selected, to determine the accuracy

of attorneys’ compliance or exemption. With respect to audits that are not randomly selected,

in choosing subjects for those audits the Board shall give increased consideration to attorneys

who assumed inactive or retirement status under Supreme Court Rule 756(a)(5) or (a)(6), and

were thereby fully exempt from these Rules pursuant to Rule 791(b) or (c), and who

subsequently resumed active status.

(2) The ARDC may investigate an attorney’s compliance with these Rules only upon

referral from the Director; the ARDC will not investigate an attorney’s compliance with these

Rules as part of its other investigations. When the Director refers a matter to the A RDC, the

investigation, and any resulting prosecution, shall be conducted in accordance with the rules

pertaining to ARDC proceedings.

(g) Audits That Reveal an Inaccurate Report

(1) If an audit conducted pursuant to paragraph (f)(1) reveals that the attorney was not in

compliance with or exempt from these Rules for any reporting period for which the attorney

had filed a report of compliance or exemption, the Director shall provide the attorney with

written notice containing: (i) the results of the audit, specifying each aspect of the Rules with

which the attorney did not comply or the reason why the attorney is not exempt; (ii) a summary

of the basis of that determination; and (iii) a deadline, which shall be at least 30 days from the

date of the notice, for the attorney to file a written response if the attorney objects to any of the

contents of the notice.

(2) After considering any response from the attorney, if the Board determines that the

attorney filed an inaccurate report, the attorney shall be given 60 days in which to demonstrate

full compliance with the applicable MCLE requirements. The attorney also shall pay a late fee

in an amount to be set by the Board. The assessment of a late fee is not a disciplinary sanction.

(3) If the results of the audit suggest that the attorney willfully filed a false certification,

the Board through its Director shall provide that information to the ARDC.

(h) Reinstatement

An attorney who has been removed from the master roll due to noncompliance with these Rules

shall be reinstated by the ARDC for their MCLE removal, upon recommendation of the Board.

That reinstatement by the ARDC shall take place on the same date as the recommendation is made

by the Board. Such recommendation may be made only after the removed attorney’s records with

the MCLE Board show full compliance with or valid exemption from the applicable MCLE

requirements for each reporting period for which the attorney was removed from the master roll

due to MCLE noncompliance. For attorneys who have existing removals from the master roll of

attorneys encompassing three MCLE reporting periods or more, the credits and reinstatement fees

required to address those existing removals are capped at the credits and reinstatement fees

required for the three most recent reporting periods for which the attorney is removed.

To be reinstated, the attorney shall pay a reinstatement fee for each reporting period for which

the attorney was removed from the master roll due to MCLE noncompliance with the request, in

an amount to be set by the Board. The attorney must also meet any further conditions and pay any

additional fees as may be required by Rule 756.

The removed attorney may attain the necessary credit hours during the period of removal to

meet the requirements for the years of noncompliance. Excess hours earned during the period of

removal, however, may not be counted towards meeting the current or fu ture reporting periods’

requirements. The MCLE credits needed to address the existing removals are in addition to the

credits that the attorney must earn for the reporting period in which the attorney returns to active

status.