Vt. MCLE Rule 5

(A) Accreditation of Programs.

(1) Requirement of Accreditation. Except as provided in Rule 5(B), all programs must be

accredited to satisfy the requirements of these Rules.

(2) Application. To request accreditation for a program not previously accredited, the

Sponsor or an attorney participating in the program must file a written application with the

Board on a form approved by the Board.

(a) Timing. The application must be filed no later than 30 days after the program has

ended, except that an application for the accreditation of an activity described in Rule 3(B)(1)

must be filed and approved before the activity commences. A Sponsor or attorney who files a

request for credit more than 30 days after the date of attendance must pay a late fee pending

approval of the out-of-time request.

(b) Contents. The application must contain the following information:

(i) The name and address of the Sponsor;

(ii) The title, date, location, and fee for the program;

(iii) The name of the presenter(s) and their qualifications;

(iv) A description of program content and length of presentation;

(v) An indication of any part pertaining to Ethics, Attorney Wellness, and

Diversity and Inclusion Programming; and

(vi) A description of the materials.

(c) Program Brochure. The Sponsor or attorney requesting accreditation may supply

the required program information by attaching a copy of the program brochure.

(3) Approval.

(a) Denial. The Board must grant the request for accreditation unless it finds that the

program:

(i) is not eligible for accreditation under Rule 4;

(ii) is sponsored by a Sponsor lacking the ability or intention to produce CLE

Programming of the kind proposed of sufficiently high quality to improve or maintain

an attorney’s professional competence; or

(iii) is not offered in a sufficiently organized fashion or under otherwise

adequate circumstances to fulfill the objectives of these Rules.

(b) Scope of Approval. The Board may grant approval for either a specific program

or a series of programs.

(c) Ongoing Approval. The Board may approve on an ongoing basis programs given

annually, subject to revocation after notice by the Board.

(d) Number Credit Hours. The Board must assign a maximum number of Credit

Hours to each accredited program.

(e) In-House CLE Programming. In-House Sponsors are treated the same as other

Sponsors and In-House CLE Programming is allowed full accreditation if the program

satisfies the other accreditation requirements outlined herein.

(3) Representations by Sponsor. If the Board approves a program, the Sponsor is entitled to

so state and to state the maximum number of Credit Hours for which the program has been

approved.

(4) List of Approved Programs. The Director will maintain a list of approved programs.

(B) Accreditation of Sponsors.

(1) General. On its own or upon application from a Sponsor, the Board may designate a

Sponsor as an “Accredited Sponsor” if the Board determines that the Sponsor regularly provides a

significant volume of CLE programs that meet the standards of approval and that the Sponsor

will maintain and submit the required records. A program produced by an Accredited Sponsor is

approved for MCLE credit without the need of the Sponsor to seek prior approval under Rule

5(A), so long as the program complies with the other accreditation requirements outlined

herein.

(2) Application and Board Approval. An application to become an Accredited Sponsor must

be made in writing and state the Sponsor’s legal education history for the preceding two

calendar years, including dates, subjects offered, total Credit Hours of instruction presented,

and the names and qualifications of presenters. In evaluating the application, the Board will

primarily consider the Sponsor’s previous experience in sponsoring and presenting continuing

legal education activities.

(3) Advisory Opinions. An Accredited Sponsor may seek an advisory opinion from the

Director about a program’s compliance with the standards under these Rules and the proper

amount of Credit Hours to be given for the program.

(4) Reevaluation and Revocation. The Board may at any time reevaluate an Accredited

Sponsor and revoke approval if a Sponsor fails to comply with the program standards and

requirements of these Rules. If the Board finds a basis to revoke the approval, the Board will

notify the Accredited Sponsor and provide the Accredited Sponsor the opportunity to have a

hearing on possible revocation prior to making a decision on revocation. The Board’s decision is

final.

(5) List of Accredited Sponsors. The Director will maintain a list of Accredited Sponsors.

(C) Director’s Determinations and Review.

(1) Delegation of Authority. Except as provided in 4(C)(2), the Board may delegate to the

Director the authority to determine, under guidelines established by the Board, written

requests and applications for: accreditation of programs; accreditation of Sponsors; awarding of

credit for attending, teaching, or participating in approved programs; waivers; extensions of

time deadlines; and interpretations of these Regulations. The Director will issue a written

decision in response to any such request or application. The Director may consult with the

Board before rendering a decision.

(2) Limit on Delegation. The Board may not delegate to the Director the authority to

determine written requests and applications for the accreditation of Attorney Wellness and

Diversity and Inclusion programs. Such requests and applications must be reviewed by the

Board to ensure that the curriculum fulfills the purposes of the Rule 3 and the presenters are

authoritative on the subject matter.

(3) Board Review. The Sponsor or attorney making the request or application may appeal

an adverse determination by the Director to the Board, which will review the request de novo.

The Sponsor or attorney affected may present information to the Board in writing. If the Board

concludes that the Director incorrectly interpreted the facts or the provisions of the Rules, it

may take appropriate action. The Board must advise the Sponsor or attorney affected of its

decision and any action taken. The Board’s decision is final.

This rule is drawn from the prior rules §§ 5(d)-(h), 7, 8.

The accreditation process for both individual programs and

sponsors remains essentially unchanged from the prior rules. The

new rules, however, explicitly state that in-house CLE

programming is subject to the same accreditation standards as

other programming (Rule 5(A)(3)(e)). Also, the new rules remove

the requirement that the Director report and the Board review all

adverse determinations by the Director, in favor of giving the

affected sponsor/attorney the right to appeal any adverse

determination by the Director to Board for de novo review (Rule

5(C)).