IN RE REGULATIONS OF THE ARKANSAS CONTINUING LEGAL EDUCATION BOARD: RULE 4.04 APPROVED CLE ACTIVITIES (Per Curiam)
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Cite as 2019 Ark. 73 SUPREME COURT OF ARKANSAS Opinion Delivered: March 7, 2019 IN RE REGULATIONS OF THE ARKANSAS CONTINUING LEGAL EDUCATION BOARD: RULE 4.04 APPROVED CLE ACTIVITIES PER CURIAM The Supreme Court herby amends, effectively immediately, Rule 4.04 of the Regulations of the Arkansas Continuing Legal Education Board. The changes are set out in “line-in,” “line-out” fashion (new material is underlined; deleted material is lined through.) Rule 4.04 Approved CLE activities. (1) [Abolished, effective July 1, 1998.] (2) Authorship of Law Articles. In accordance with objective standards to be developed and applied by the Board, up to twelve (12) hours of credit may be earned through the authorship of a law related article published by an American Bar Association accredited law school, a state bar journal, an official publication of the American Bar Association, or through authorship of a published book on legal matters. Any attorney may petition the Board for credit for the authorship of an article or book. Entitlement to credit will accrue as of the date of publication of the article or documented date of acceptance for publication. (3) Law School Courses. Credit may be earned through part-time teaching, formal enrollment for credit, or official audit and attendance at a course offered by a law school accredited by the American Bar Association. Twelve (12) credit hours will be awarded for each academic credit hour taught, officially audited, or successfully completed, provided the applicant certifies attendance of at least seventy-five percent (75%) of the class sessions. For the purpose of this regulation, "part-time teaching" is defined as teaching one course which awards four or fewer hours of academic credit. (4) In-house Programs. In-house programs are available as a means of acquiring CLE credits provided: (a) The program complies with Rule 4(C) of the Arkansas Rules for Minimum Continuing Legal Education; and, (b) The application and documentation for in-house programs conducted in Arkansas must be submitted to the Secretary in advance of the scheduled event and be approved thirty (30) days before the scheduled event. In addition, private law firms which conduct in-house programs shall be subject to the following requirements: (c) A minimum of three (3) 'out-of-firm' attorneys must be allowed to attend such programs. Each firm may set reasonable limits on the total number of such 'out-of-firm' attendees. (d) Any "out-offirm" attorney who desires to attend an in-house CLE program may be responsible for a proportionate share of the costs of the program; and, (e) Attorneys may receive a maximum of six (6) hours CLE credit for in-house programs conducted during any reporting period. (5) Satellite Programs. All satellite television programs which otherwise comply with the Rules may be approved. (6) Audio and Video Programs. Approval may be given for programs where audiovisual recorded or reproduced material is used. Audio and video CLE programs are an acceptable means of obtaining CLE credits, provided: (a) The original program upon which the video replay is based has been is approved by the Board, or the original program upon which the audio or video program is based has been approved by the Board; (b) The application and documentation for the audio or video program must be submitted to the Secretary in advance of the scheduled event and be approved at least thirty (30) days before the scheduled event. (c) The program must have the original faculty members present or the original faculty members must make known their addresses, or phone numbers, or email 2 addresses in order that they can respond to written or phoned inquiries subsequent to the program; (d) There must be a minimum of five (5) persons enrolled and the attendance at the presentation of the video program; and (e) There must be an approved moderator present throughout the video program. (7) Live Telephone Conferences. CLE programs presented via live telephone conferences and live computer interactive programs are acceptable provided such programs comply with relevant portions of Rule 4(C). For the purpose of this regulation, 'live' means that the attorney is participating in the CLE program contemporaneous with its live presentation. (8) Short Courses. No course shall be approved unless it contains at least one continuous hour of instruction accompanied by written materials consistent with Rule 4(C)(3), and is conducted in a suitable educational environment. (9) Advance Sheet Review Groups. Programs consisting of review of advance sheet court opinions shall be approved, provided written materials consisting of analysis in addition to the advance opinions themselves, are provided by the persons responsible for the discussion of a case or cases, and regular and special group meeting times and places are published to the Board at least two weeks in advance to assure compliance with the evaluation requirement of Rule 4(C)(8). 3
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