Vt. MCLE Rule 7

(A) Reporting Period. Each two-year reporting period begins on July 1 and ends on June 30

in the second successive year, except that an attorney’s first reporting period begins on the

date of admission to the Bar and ends on June 30 of the second full year after the year of

admission. Each attorney is assigned to report in either even-numbered or odd-numbered

years, based initially on the attorney’s date of admission to the Bar.

(B) Reporting Process.

(1) Notice. Before June 1 of each year, the Board will notify each attorney subject to

reporting for the current reporting period that the attorney must complete the Rule 3 MCLE

requirements and certify such completion by the end (June 30) of the reporting period.

(2) Reporting An attorney subject to reporting for the current reporting period must

file either a certification of completion of the Rule 3 MCLE requirements or a makeup plan

detailing how the attorney intends to complete those requirements by the end of the

reporting period (June 30), unless the Board extends the time for good cause.

(3) Makeup Plans.

(a) Contents. The makeup plan must contain a specific plan for correcting the

attorney’s noncompliance by that October 31.

(b) Fees. The plan must be accompanied by a makeup plan filing fee.

(c) Approval. The plan will be deemed approved by the Board unless the Board

notifies the attorney to the contrary by that July 31.

(d) Certification of Compliance. The attorney must file a certification of compliance

with the makeup plan no later than that November 15, unless the Board extends the time

for good cause.

(C) Audits. The Board, at its discretion, may perform an audit of an attorney’s compliance

with these Rules during the two most recently completed reporting periods, except that such

an audit cannot include reporting periods that started prior to the effective date of this

provision. The Board will notify the attorney of the audit and give the attorney 60 days from

notification to provide the Board with documentation establishing compliance. An attorney

subject to an audit has the burden of establishing compliance to the Board’s satisfaction. The

Board will issue its findings and decision on the audit within 90 days of notification of the

audit.

This rule is drawn from the prior rules §§ 9(a)-(d), 10.

The reporting process has been changed to reflect the current

practice in which attorneys certify that they have completed the

MCLE requirement for the reporting period, rather than presenting

a detailed list of the MCLE credits that they have earned. To

ensure compliance, the new rules explicitly give the MCLE Board

the authority and discretion to do audits and require attorneys to

keep records for the past two reporting periods.