SCR
CHAPTER 40
ADMISSION
TO THE BAR
JUDICIAL COUNCIL COMMITTEE'S NOTE, 1979: The following rules govern admissions to the
state bar of Wisconsin. SCR 40.02 and 40.03 are sections 757.28 and 757.282 of
the 1977 Wisconsin Statutes. SCR 40.01 and 40.04 to 40.14 were originally
adopted by the supreme court on June 3, 1940, effective June 3, 1940. They were
amended on January 11, 1960; March 8, 1966; December 5, 1968; May 3, 1971, and
May 24, 1971. The rules were originally numbered I to XIII and have been
clarified and numbered SCR 40.01 and 40.04
to 40.14 for uniformity and convenience. Former rule XII relating to exemption
to these rules has been repealed as it was applicable to applicants for
admission to the bar by examination who received an acceptable law degree by
1971. SCR 40.15 was derived from section 757.29(1), 1977 stats. SCR 40.16 was
derived from several rules pertaining to fees.
SCR 40.01 Definitions; list of law schools.
(1) In this chapter,
unless the context otherwise requires:
(a)
"Board" means the board of bar examiners.
(b)
"Clerk" means the clerk of the supreme court.
(2) The board shall
maintain a record of all law schools which are approved by the American bar
association, together with the date of such approval, and those which are not
so approved. The record shall constitute an official record of the supreme
court and proof of the fact that the law schools therein stated as approved by
the American bar association were so approved at the times therein stated.
SCR 40.02 Qualifications generally.
A person who meets all of the following qualifications
shall be admitted to practice law in this state by order of the supreme court:
(1) Has attained the
age of majority under the law of this state. (2) Satisfies the legal competence requirements
by diploma privilege (SCR 40.03), bar examination (SCR 40.04) or proof of
practice elsewhere (SCR 40.05).
(3) Satisfies the
character and fitness requirements set forth in SCR 40.06.
(4) Takes the oath
or affirmation prescribed in SCR 40.15 in open court before the supreme court
or a justice thereof or before a member of the highest court of another
jurisdiction or a person authorized by that jurisdiction to administer the
attorney's oath for bar admission there or before a judge of the U.S. District
Court or Court of Appeals or a justice of the U.S. Supreme Court.
(5) Subscribes the
roll of attorneys maintained by the clerk of the supreme court or has his or
her name entered thereon by the clerk.
SCR 40.03 Legal competence requirement: Diploma
privilege. An applicant who has been awarded a first
professional degree in law from a law school in this state that is fully, not
provisionally, approved by the American bar association shall satisfy the legal
competence requirement by presenting to the clerk certification of the board
showing:
(1) Satisfactory
completion of legal studies leading to the first professional degree in
law. The law school shall certify to the
board satisfactory completion of not less than 84 semester credits earned by
the applicant for purposes of the degree awarded.
(2) Satisfactory
completion of study in mandatory and elective subject matter areas. The law school shall certify to the board
satisfactory completion of not less than 60 semester credits in the mandatory
and elective subject matter areas as provided in (a) and (b). All semester
credits so certified shall have been earned in regular law school courses
having as their primary and direct purpose the study of rules and principles of
substantive and procedural law as they may arise in the courts and
administrative agencies of the
(a) Elective
subject matter areas; 60-credit rule.
Not less than 60 semester credits shall have been earned in
regular law school courses in the subject matter areas generally known as:
Administrative law, appellate practice and procedure, commercial transactions,
conflict of laws, constitutional law, contracts, corporations, creditors'
rights, criminal law and procedure, damages, domestic relations, equity,
evidence, future interests, insurance, jurisdiction of courts, legislation,
labor law, ethics and legal responsibilities of the profession, partnership, personal property, pleading and
practice, public utilities, quasi‑contracts, real property, taxation,
torts, trade regulation, trusts, and wills and estates. The 60‑credit
subject matter requirement may be satisfied by combinations of the curricular
offerings in each approved law school in this state.
(b) Mandatory
subject matter areas; 30‑credit rule.
Not less than 30 of the 60 semester credits shall have been
earned in regular law school courses in each of the following subject matter
areas: constitutional law, contracts, criminal law and procedure, evidence,
jurisdiction of courts, ethics and legal responsibilities of the legal
profession, pleading and practice, real property, torts, and wills and estates.
(c) Law school
certification of subject matter content of curricular offerings.
Upon the request of the supreme court, the dean of each
such law school shall file with the clerk a certified statement setting forth
the courses taught in the law school which satisfy the requirements for a first
professional degree in law, together with a statement of the percentage of time
devoted in each course to the subject matter of the areas of law specified in
this rule.
SCR 40.04 Legal competence requirement: Bar
examination.
(1) An applicant who
has been awarded a first professional degree in law from one of the following
shall satisfy the legal competence requirement by presenting to the clerk
certification of the board that the applicant has passed an examination
administered by the board covering all or part of the subject matter areas of
law specified in SCR 40.03(2)(a):
(a) A law school that is fully or
provisionally approved by the American bar association at the time of the
applicant’s graduation.
(b) A law school whose graduates are
eligible to take the bar examination of the state, territory or District of
Columbia in which the law school is located, provided the applicant has passed
the bar examination of and has been admitted to practice in that or another
state, territory or the District of Columbia.
(2) The board shall
administer an examination consisting of the Multistate Bar Examination
developed by the National Conference of Bar Examiners, an essay examination
developed by the board and such other elements as the board may deem
appropriate for the assessment of lawyer competence.
(3) An applicant
shall file all application materials and fees with the board by the December 1
preceding the February examination and by the May 1 preceding the July
examination except that, on payment of a late fee, application materials and
fees shall be filed by the January 1 preceding the February examination and by
the June 1 preceding the July examination.
(4) The board, in
its discretion, may permit an applicant who has not yet been awarded a first
professional degree in law to take the examination if it is reasonably
anticipated that the applicant will receive that degree within 60 days after
the examination.
(5) Repealed.
(6) The board shall
provide to each applicant prior to the examination a list of topics taken from
the areas of law specified in SCR 40.03(2)(a) from which the essay portion of
the examination will be drawn.
(7) The board shall
establish the passing score for the bar examination in advance of each
examination and shall advise each applicant of the score so established.
(8) An unsuccessful
examinee who files a written request with the board within 90 days of mailing
of notice by the board of failure of the examination shall be entitled to
inspect the examinee's essay examination paper.
SCR 40.05 Legal
competence requirement: Proof of practice.
(1) An applicant shall satisfy the legal competence
requirement by presenting to the clerk certification of the board that the
applicant has provided all of the following:
(a) Proof of
admission to practice law by a court of last resort in any other state or
territory or the
(b) Proof that the
applicant has been substantially engaged in the practice of law in a state or
territory, the federal government or the
(c) Repealed.
(1m) Repealed.
(2) Legal service as
corporate counsel or legal service as a trust officer, or lawfully before the
courts or administrative agencies of a state or territory, the federal
government or the
(2m) Legal service
as corporate counsel in
(3) The following
activities, whether or not conducted in a state or territory, the federal
government or the
(a) Service as a
judge of a court of record of the
(b) Legal service
with any local or state government or with the federal government.
(c) Legal service in
the armed forces of the
(d) Teaching in any
law school approved by the American bar association.
(4) An applicant who
has failed the
(6) Repealed.
SCR 40.06 Requirement as to character and fitness to
practice law.
(1) An applicant for
bar admission shall establish good moral character and fitness to practice law.
The purpose of this requirement is to limit admission to those applicants found
to have the qualities of character and fitness needed to assure to a reasonable
degree of certainty the integrity and the competence of services performed for
clients and the maintenance of high standards in the administration of
justice.
(3) An applicant
shall establish to the satisfaction of the board that the applicant satisfies
the requirement set forth in sub. (1). The board shall certify to the supreme
court the character and fitness of qualifying applicants. The board shall
decline to certify the character and fitness of an applicant who knowingly
makes a materially false statement of material fact or who fails to disclose a
fact necessary to correct a misapprehension known by the applicant to have
arisen in connection with his or her application.
(3m) An applicant
for admission under SCR 40.03 shall file an application for a character and
fitness certification with the board by a date specified by the board.
(4) The board shall
not certify an applicant while an attorney disciplinary matter against the
applicant is pending or the applicant is certified by the department of
workforce development as delinquent in making court-ordered payments of support
or failing to comply with a subpoena or warrant, as those terms are defined in
SCR 11.04(1). If an applicant's license
to practice law in another jurisdiction is suspended or revoked for reasons
related to professional responsibility at the time the application is filed or
at any time that the application is pending, the suspension or revocation is a
sufficient basis for denial of certification.
(5) The dean of a
law school in this state shall have a continuing duty to report to the board
any information reflecting adversely upon the character and fitness to practice
law of an applicant for bar admission under SCR 40.03.
SCR 40.07 Proof of qualifications.
The burden of proof shall be on the applicant to establish
qualifications under SCR 40.02. Refusal of an applicant to furnish available
information or to answer questions relating to the applicant's qualifications
shall be deemed a sufficient basis for denial of the certification for
admission.
SCR 40.08 Adverse determination.
(1) Before declining
to certify an applicant's satisfaction of requirements under this chapter, the
board shall notify the applicant in writing of the basis for its decision and,
except as to failure of the bar examination under SCR 40.04, the applicant
shall have the opportunity to respond in writing within 20 days of the mailing
of notification of the board's decision to the applicant at the last address
furnished by the applicant in writing to the board.
(2) The board shall
grant a hearing to an applicant only upon a showing that there are facts
bearing on the applicant's case that cannot be presented in writing. The board
shall not grant a hearing on its decision on waiver under SCR 40.10.
(3) Not less than 30
days prior to the hearing the board shall notify the applicant of the time and
place thereof, the issues to be considered and that the applicant may be
represented by counsel and present evidence.
(4) If the
determination of the board following a hearing is adverse to the applicant, the
board shall mail a copy of the board's findings of facts and conclusions of law
to the applicant at the last address furnished by the applicant in writing to
the board.
(5) A petition to
the supreme court for review of an adverse determination of the board under
this rule shall be filed with the clerk within 30 days of the date on which
written notice thereof was mailed to the applicant.
SCR 40.09 Deadline for admission.
An applicant who fails to complete all requirements for
admission as set forth in SCR 40.02 within the following time periods following
certification shall not be admitted to the practice of law:
(1) Applicants who
qualify for admission pursuant to SCR 40.03: one year following the date of
certification by the board pursuant to SCR 40.03 and 40.06.
(2) Applicants who
write the bar examination: one year following the date of certification by the
board pursuant to SCR 40.04 and 40.06.
(3) Applicants who
qualify for admission pursuant to SCR 40.05: one year following the date of
certification by the board pursuant to SCR 40.05 and 40.06.
SCR 40.10 Waiver of requirements.
Except for the requirements under SCR 40.03, the board may
waive any of the requirements of this chapter in exceptional cases and for good
cause if failure to waive the requirement would be unjust.
SCR 40.11 Rulemaking authority.
The board may promulgate rules necessary to carry out the
intent and purpose of this chapter.
SCR 40.12 Confidentiality.
The application files of an applicant and all examination
materials are confidential. The supreme court or the board may authorize the
release of confidential information to other persons or agencies.
SCR 40.13 Delegation.
The board may delegate its authority under this chapter to
a committee, a member or its director.
SCR 40.14 Application; fees.
(1) Application to
the supreme court for admission to the bar shall be filed with the board.
(2) An application
is timely filed if any of the following is applicable:
(a) The application, together with the applicable fees, is
received at the board's office within the time specified for filing.
(b) The application, together with the applicable fees, is
sent to the board's office through the United States Postal Service by 1st
class mail, including express or priority mail, postage prepaid, and bears a
postmark, other than a commercial postage meter label, showing that the
document was mailed on or before the last day for filing.
(c) The application, together with the applicable fees, is
delivered on or before the last day for filing to a 3rd-party commercial
carrier for delivery to the board's office within 3 calendar days.
(3) The following
fees are payable to the board:
(a) Bar examination
fee $450
(b) Late fee for bar
examination $200
(c) Fee for
application for admission
on proof of practice
elsewhere $850
(d) Admission fee $100
(e) Fee for
reinstatement, readmission,
late admission on diploma
privilege or
late enrollment in the bar $200
(f) Application fee for
change of name $ 25
(g) Fee for a
character and fitness
investigation under SCR
40.06(3m) $210
(h) Late fee for a
character and fitness
investigation under SCR
40.06(3m) $200
SCR 40.15 Attorney's oath.
The oath or affirmation to be taken to qualify for
admission to the practice of law shall be in substantially the following form:
I will support the constitution of the
I will maintain the respect due to courts of justice and
judicial officers;
I will not counsel or maintain any suit or proceeding which
shall appear to me to be unjust, or any defense, except such as I believe to be
honestly debatable under the law of the land;
I will employ, for the purpose of maintaining the causes
confided to me, such means only as are consistent with truth and honor, and
will never seek to mislead the judge or jury by any artifice or false statement
of fact or law;
I will maintain the confidence and preserve inviolate the
secrets of my client and will accept no compensation in connection with my
client's business except from my client or with my client's knowledge and
approval;
I will abstain from all offensive personality and advance
no fact prejudicial to the honor or reputation of a party or witness, unless
required by the justice of the cause with which I am charged;
I will never reject, from any consideration personal to
myself, the cause of the defenseless or oppressed, or delay any person's cause
for lucre or malice. So help me God.
Amended
December 29, 1980, and February 17, 1981; July 1, 1986; September 1, 1988;
January 1, 1990; January 1, 1991; May 13, 1991; October 21, 1991; May 7, 1992;
December 10, 1992; December 16, 1992; June 14, 1993; December 8, 1993, June 1,
1995, June 5, 1995; November 3, 1995; June 4, 1998; July 28, 1998; April 10,
2001; January 1, 2009; June 1, 2009.
APPENDIX
Rules
of the Board of Bar Examiners
LEGAL COMPETENCE
REQUIREMENT:
BAR EXAMINATION
BA 4.01
[Repealed.]
BA 4.02
Accommodations. Testing accommodation requests
must be received in writing no later than December 1 for the February
examination and May 1 for the July examination.
The Board may deny requests that are not in writing or that are filed
after the deadline.
BA 4.03
(a) The Board
authorizes its staff to close any bar examination application that remains
incomplete six months following the date on which the letter notifying the
applicant of his or her passing score is mailed from the Board office.
(b) Staff closure of
a file is appealable to the Board.
LEGAL COMPETENCE
REQUIREMENT: PROOF OF PRACTICE
BA 5.01
(a) The Board
authorizes its staff to close any application for admission on proof of
practice elsewhere that remains incomplete one year following the date the
application was filed with the Board.
(b) Staff closure of
a file is appealable to the Board.
REQUIREMENT AS TO CHARACTER AND FITNESS TO
PRACTICE
LAW
PREAMBLE
These rules are adopted in furtherance of SCR 40.06(1),
(3), (3m) and SCR 40.07.
BA 6.01
Standard of Character and Fitness. A lawyer should be one whose record of
conduct justifies the trust of clients, adversaries, courts and others with
respect to the professional duties owed to them. A record manifesting a deficiency in the
honesty, diligence or reliability of an applicant may constitute a basis for
denial of admission. The Supreme Court
Rules place on the applicant the burden of producing information sufficient to
affirmatively demonstrate the character and fitness appropriate for bar
admission.
BA 6.02
Relevant Conduct or Condition. The revelation or discovery of any of the
following should be treated as cause for further inquiry before the Board
decides whether the applicant possesses the character and fitness to practice
law:
(a) unlawful conduct
(b) academic
misconduct
(c) false statements
by the applicant, including concealment or nondisclosure
(d) acts involving
dishonesty or misrepresentation
(e) abuse of legal
process
(f) neglect of
financial responsibilities
(g) neglect of
professional obligations
(h) violation of an
order of a court
(i) evidence of mental or emotional impairments
substantial enough to affect the applicant's ability to practice law
(j) evidence of drug
or alcohol dependency
(k) denial of
admission to the bar in another jurisdiction on character and fitness grounds
(l) disciplinary
action by a lawyer disciplinary agency or other professional disciplinary
agency of any jurisdiction
BA 6.03
Use of Information.
The Board will determine whether the present character and fitness of an
applicant qualifies the applicant for admission. In making this determination through the
processes described above, the following factors should be considered in
assigning weight and significance to prior conduct:
(a) the applicant's
age at the time of the conduct
(b) the recency of
the conduct
(c) the reliability
of the information concerning the conduct
(d) the seriousness
of the conduct
(e) the mitigating
or aggravating circumstances
(f) the evidence of
rehabilitation
(g) the applicant's
candor in the admissions process
(h) the materiality
of any omissions or misrepresentations
(i) the number of
incidents revealing deficiencies
BA 6.04
Notice of an at-risk application. If the Board determines that an application
is at risk of being denied, the Board shall notify the applicant of its
determination in writing. The notice
shall state the reasons for the possible denial, describe the applicant's right
to seek a hearing, advise the applicant of the deadline for requesting a
hearing and including a copy of the Board's hearing procedures.
BA 6.045
(a) At the time of mailing of the notice of an
at-risk application, the Board shall provide the applicant with copies of all
materials that were reviewed by the Board in making its decision. Thereafter, while the application is under
review, the applicant may review all materials in the applicant's file during
the Board's business hours, and may obtain copies thereof at a cost of no more
than twenty-five cents per page.
(b)
Materials solicited by the Board before October 1, 2008 under an
unconditional promise of confidentiality are not subject to review by the
applicant under sub. (a) and will not be considered by the Board.
BA 6.05
Diploma Privilege.
An applicant for admission under diploma privilege shall file an
application for a character and fitness certification with the Board. The Board shall establish that the applicant
has the qualities of character and fitness needed to practice law and,
following certification from the dean of competence under SCR 40.03, shall
certify to the Supreme Court the qualifying applicants for admission.
BA 6.06
(a) The Board
authorizes its staff to close any application for a character and fitness
certification that remains incomplete one year following the date the
application was filed with the Board.
(b) Staff closure of
a file is appealable to the Board.
WAIVER OF REQUIREMENTS
BA 10.01
The Board may waive any
of the requirements of this Appendix in exceptional cases for good cause. An application and the filing fee appropriate
to the rule must accompany the request for waiver. One-half of the filing fee will be refunded
if the waiver is denied.
APPLICATION; FEES
BA 14.01
Applications and supporting documentation must be submitted
in original form. The Board will not accept facsimile transmissions in
satisfaction of its filing requirements.
BA 14.02
An application for bar admission, or for a character and
fitness certification pursuant to SCR 40.06(3m), will not be filed unless:
(a)
It is accompanied
by a signed and notarized authorization and release form; and
(b)
It is accompanied
by the applicable filing fees.
Handwritten applications will
not be accepted.
BA 14.03
Continuing
application. Applications are continuing
applications during their pendency.
Applicants are required to notify the Board in writing of any changes
with respect to the information elicited by the application, and each
application must be amended to reflect the facts throughout the entire time
that the application is pending, including the date on which the applicant is
admitted to practice in
BA 14.04
Application
deadline.
(a) Applicants for bar admission on the diploma
privilege shall file an application for a character and fitness certification
with the Board between the time the student has completed a minimum of 50
credit hours and a predetermined date after the J.D. is conferred (February 1
for December graduates; July 1 for May graduates; October 1 for August
graduates).
(b) Notwithstanding subsection (a), applicants otherwise
eligible for admission on the diploma privilege may apply by December 31 of the
year following their graduation from law school if by that date they document
that they have passed a bar examination, and have been admitted to practice, in
another US state, territory, or the District of Columbia.
(c) Applicants who
miss the filing deadline in subsection (a) may forfeit their chance to be
admitted under the diploma privilege.
BA 14.05
Late fees: diploma
privilege. A late fee will be assessed to
the following applicants for bar admission on the diploma privilege: May graduates who have not filed an
application by the preceding December 15; August graduates who have not filed
an application by the preceding March 15; and December graduates who have not
filed an application by the preceding July 15.
BOARD
MEETINGS
As an agency of the Supreme Court, the
Board is not subject to Subchapter V of Chapter 19 of the Wisconsin Statutes,
relating to open meetings of governmental bodies. However, the Board posts the dates, locations
and agendas of its meetings in its Internet web site and invites the public to
attend its meetings. Members of the
public are not allowed to attend meetings or parts of meetings that involve
confidential matters. Examples of
confidential matters include (i) individuals' applications for admission to the
Application. These rules govern all hearings before the
Board of Bar Examiners.
Notice of an at-risk application. Before declining to certify an applicant's
satisfaction of requirements under this chapter, the board shall notify the
applicant in writing of the basis for its determination that the application is
at risk of being denied and, except as to failure of the bar examination under
SCR 40.04, the applicant shall have the opportunity to respond in writing
within thirty days of the mailing of notification of the board's decision to
the applicant at the last address furnished by the applicant in writing to the
board.
BA 16.03
Hearings. The Board may grant a hearing to any
applicant who has received a notice under SCR 40.08(1).
BA 16.04
Request for Hearing. Applicants must make their requests for a
hearing in writing within 30 days after the mailing of the notice under SCR
40.08(1).
Review of
records. Applicants who have received a
notice under SCR 40.08(1) may, while the application is pending, review,
personally or by counsel, all materials in the applicant's files, including any
staff recommendations. Upon written
request, the Board will transmit copies of these materials to the applicant or
the applicant's counsel at a cost not to exceed twenty-five cents per
page. Materials solicited by the Board
before October 1, 2008 under an unconditional promise of confidentiality are
not subject to review by the applicant.
BA 16.06
Pre-hearing conference.
Within 30 days after receiving an applicant's Request for Hearing, the
Board Chair or the Chair's designee shall confer in person or by
telephone with the applicant or the applicant's counsel to set a hearing date,
clarify the issues, determine whether the applicant will stipulate to any
material facts, consider any limitations on the number of witnesses, the length
of the hearing and such other matters as may aid the Board in its
determination. Promptly after this
pre-hearing conference, the Chair or the Chair's designee share prepare a
memorandum for the record which summarizes all actions taken at the conference. The memorandum shall control the subsequent
course of action, unless modified at the hearing to prevent manifest injustice.
BA 16.07
Hearing record. The
hearing record shall include evidence received or considered, stipulations and
admissions, a statement of matters officially noticed, questions and offers of
proof, objections and rulings thereon, any proposed findings or decisions and
exceptions, and any decision, opinion or report by the Board.
BA 16.08
Counsel. An
applicant shall be entitled to be represented by counsel at hearing at the
applicant's expense, provided a notice of appearance is filed at or before the
hearing.
BA 16.09
Record of proceedings.
A stenographic, electronic or other record of oral proceedings shall be
made. If the board obtains a transcript
of proceedings, it shall, upon request, provide the applicant with a copy at a
cost not to exceed twenty-five cents per page.
Presiding officer. The Board Chair or the Chair's designee shall
preside at hearing, and shall rule on motions, objections and any other matters
that arise.
Rules of evidence. The Board is not bound by common law or
statutory rules of evidence.
Hearing record. The applicant and any member of the Board may
move that portions of the applicant's file be received in evidence. All evidence received at the hearing shall be
made a part of the hearing record. The
applicant shall be afforded adequate opportunity to rebut or offer
countervailing evidence.
Official notice. The Board may take official notice of any
generally recognized fact or any established technical or scientific fact, but
the applicant shall be notified either before or during the hearing of the
facts so noticed, and shall be afforded an opportunity to contest the validity
of the official notice.
Documents. Documentary evidence may be received in the
form of copies or excerpts if the original is not readily available.
Testimony. Witnesses may be heard in person, or their
testimony may be received in the form of affidavits or deposition transcripts. As a general practice, examinations and
cross-examinations of witnesses shall be made by the members of the Board. Applicants or their counsel may cross-examine
adverse witnesses.
Record may remain open. The Chair or the Chair's designee may allow
the record of the hearing to remain open for a limited period of time, which
shall be specified, to give the applicant an opportunity to submit additional
written materials.
Determination. The Board shall make its determination by
majority vote of the members present and voting, in person or by
telephone. The Board may make its
determination following the hearing.
Otherwise, the Board shall make its determination no later than at the
regularly scheduled meeting next following the date set under Rule 16, unless
it decided by majority vote to hold the record open for additional written or
oral evidence.
Adverse decision. If the determination is adverse to the
applicant, the Board Chair or the Chair's designee shall within thirty days,
incorporate the Board's determination in a written decision, which shall
include findings of fact and conclusions of law, and shall promptly circulate
the decision among all members of the Board.
After the decision is circulated, dissenting board members shall have
twenty-one days in which to transmit written dissents to the director.
Transmission of decision. The director shall transmit the Board's
decision, together with any written dissents, to the applicant or the
applicant's counsel within ten days after completion of the steps set out in
Rule 18.
Reconsideration. Within thirty days after transmission of the
Board's decision, the applicant may file a petition for reconsideration, which
shall be granted only on the basis of some material error of law, some material
error of fact, or the discovery of new evidence sufficiently strong to reverse
the adverse determination. The Board
shall rule on the petition by majority vote no later than at its next regularly
scheduled meeting following the filing of the petition, either by denying the
petition or by granting the petition on a schedule which it shall then specify.
[Note: the foregoing Rule 20 will not
take effect unless SCR 40.08(5) is amended so the time for appeal does not run
while a petition for reconsideration is pending.]
Confidentiality. The hearing shall be closed and written
materials including the board's preliminary and final determinations, shall be
confidential and shall be disclosed only to the applicant and the applicant's
counsel.
Amended
December 12, 1991; December 8, 1994; August 24, 1995; November 3, 1995; January
21, 1997; August 22, 2002; August 17, 2004; April 6, 2005; January 17, 2008;
May 1, 2009.