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Regulations - Highlights of Recent Changes


Effective December 6, 2013

  • Approved Jurisdiction list and policy — Seventeen jurisdictions have been added to the list, and a revised section 6 (redlined version) outlines new procedures for claiming credit under the policy.
  • Eligibility for New York accreditation — Under the revised relevant subsections (redlined versions) of section 8, out-of-state nontraditional-format CLE programs that have been accredited by a New York Approved Jurisdiction are no longer eligible for accreditation by the New York State CLE Board. Furthermore, these programs will no longer count towards the eligibility requirement for Accredited Provider status.

 

Effective February 15, 2012

  • Pro bono CLE credit — a revised Section 3(D)(11) increases the maximum number of pro bono CLE credits that may be earned during a reporting cycle from six to ten. The ratio of credits earned to the amount of time spent performing eligible pro bono service has also been revised, allowing 1 CLE credit hour for every 120 minutes of eligible pro bono service, rather than the 300 minutes previously required.
  • Attorney Emeritus Program — a new Section 3(D)(12) provides for the award of up to 15 pro bono CLE credit hours during any one reporting cycle for attorneys who are enrolled in and participate in the Attorney Emeritus Program. Emeritus attorneys may earn 15 CLE credit hours entirely through an Attorney Emeritus Program host organization. Alternately, Emeritus volunteers may earn up to 10 pro bono CLE credits through an Approved Pro Bono CLE Provider under section 3(D)(11) and the remaining CLE credit hours through an Attorney Emeritus Program host organization.
  • List of Approved CLE Pro Bono Providers
  • Additional information on the Attorney Emeritus Program

Prior Revisions

  • New faculty requirements — As of January 1, 2008, the faculty of every accredited CLE course or program must include at least one attorney in good standing, who must actively participate in the program. Furthermore, no disbarred attorney may be on the faculty of any accredited CLE program. See revised section 8(A)(4)(d).
  • Attendance verification — Although the CLE Board’s requirements for the verification of attendance by providers have not changed, a new section 8(A)(4)(j) has been added to the Regulations and Guidelines (January 1, 2008) to clarify those requirements. For every accredited CLE program, the sponsor must be able to verify that an attorney completed an entire program, or an entire session of a program, before issuing CLE credit to the attorney for the program or session. The provider may not rely solely on statements made by the participating attorney.
  • Certificate of Attendance—Beginning January 1, 2007, every provider of a course accredited by the New York State CLE Board will be required to use the “New York CLE Certificate of Attendance.” See revised section 10(B).
  • Applications for Accreditation—Effective November 15, 2005, all applications for accreditation of individual courses or programs, or for Accredited Provider status, must include a complete set of written materials for each submitted course or program. For individual courses or programs, see revised section 8(A)(2); for Accredited Provider status, see revised section 8(B)(3); for hybrid accreditation of individual courses or programs, see revised section 8(C)(4).
  • CLE Publication Credit—A revised section 3(D)(10) clarifies some of the limitations and requirements for CLE publication credit, including, among others: (1) that credit is not awarded for writing appearing in any publication (print or electronic) that is controlled by the applicant or by the applicant’s firm or employer, and (2) that an applicant for CLE publication credit must submit an English translation of any legal research-based writing not written in English. (Effective November 15, 2005.)
  • Pro bono CLE credit-Effective September 1, 2004, pro bono CLE credit will not be awarded for (1) legal services provided by assigned counsel who receive compensation for those services from any source, or (2) legal services provided by legal services organization attorneys within the scope of their employment.
  • Financial Aid-Effective September 1, 2004, a financial aid policy is required of all applicants seeking individual course accreditation or Accredited Provider status. See revised section 8(A)(4)(i).
  • Application deadline-Effective September 1, 2004, applications made by individual attorneys on their own behalf for accreditation of courses they attend will be accepted up to 30 days after the occurrence of the program, or later with good cause shown. See revised section 8(A)(3).
  • Approved Jurisdiction policy-Effective July 1, 2004, New York’s Approved Jurisdiction policy limits New York CLE credit for participation in courses accredited by a New York Approved Jurisdiction to live classroom-format courses and/or nontraditional format courses where the provider has independently verified attorney participation in accordance with New York standards. In order to claim New York CLE credit for completion of a nontraditional format course, the attorney must retain proof of the provider’s independent verification of participation, along with the certificate of attendance and proof of accreditation by a New York Approved Jurisdiction. See revised section 6 and the revised Approved Jurisdiction list and Approved Jurisdiction policy.