§ 2.13 Applicant Review Process for Certification or Recertification
2.13. Applicant Review Process for Certification or Recertification
(a) Area Committee Review and Investigation. The area committee shall review the complete application and conduct such further investigation as the committee may deem necessary and appropriate to determine whether the applicant meets the requirements for certification or recertification, which may include, but not be limited to, the review of an application filed for certification in an area other than that overseen by the committee. If an applicant for certification is related to or is a firm partner or associate of a committee member, or, if in the opinion of the area committee, a fair judgment cannot be rendered by a committee member, that applicant's file shall be reviewed by other members of the committee or, if requested by the committee, assigned to another area committee by the BLSE chair. If an applicant for recertification is a committee member of the area in which recertification is sought, the BLSE chair shall assign that applicant's recertification application to another area committee for investigation and consideration. The area standards and policies for which recertification is sought shall govern during the assigned committee's investigation and consideration. Consistent with rule 6-3.12, Rules Regulating The Florida Bar, any materials obtained by the committee consisting of or containing comments by members of the bench and/or bar shall be treated as confidential.
(b) Recommendation of Approval. If a preponderance of the evidence establishes that the applicant meets the requirements for certification or recertification, the area committee will recommend approval of the applicant to the board of legal specialization and education (BLSE).
(c) Notice that Recommendation of Denial is Under Consideration. If a preponderance of the evidence does not establish that the applicant meets the requirements for certification or recertification, the area committee will provide the applicant written notice that a recommendation of denial is under consideration and offer the applicant an opportunity to provide additional supporting documentation. Such notice shall state as the basis of concern whichever of the following is or are applicable:
(1) insufficient CLE credits;
(2) insufficient and/or unsatisfactory peer review;
(3) insufficient trials and/or other task requirements;
(4) insufficient substantial involvement;
(5) unsatisfactory disciplinary and/or malpractice record; or
(6) action or conduct determined to be inconsistent with the special knowledge, skills, proficiency, character, ethics and reputation for professionalism required for board certification.
(d) Additional Supporting Documentation from Applicant. If an applicant wishes to file additional supporting documentation to address the committee's basis of concern in the Notice that Recommendation of Denial is Under Consideration, such filing shall include an original and 10 copies and shall be submitted within 10 days of receipt of the notice. Such filing shall be limited to no more than 25 pages unless extenuating circumstances are presented and additional pages, in an amount not to exceed 50, are authorized by the certification committee chair.
(1) Supporting documentation submitted or solicited by the applicant that consists of or contains peer review assessment will not be accepted. Peer review may only be obtained by the committee or BLSE. Consistent with rule 6-3.12, Rules Regulating The Florida Bar, all peer review statements by members of the bench and/or bar shall be maintained as confidential.
(2) Names of individuals suggested for the purpose of additional peer review may be provided to the committee or BLSE by the applicant. Applicants may advise reviewers of the submission of their names, but should not offer an opinion as to the content of the reference statement or evaluation. Consistent with rule 6-3.12, Rules Regulating The Florida Bar, all peer review statements by members of the bench and/or bar shall be maintained as confidential.
(e) Consideration and Recommendation. The area committee shall consider the additional supporting documentation provided by the applicant, if any, and, if the area committee determines from such documentation that further investigation is warranted or appropriate, shall conduct further investigation as to the applicant's qualifications, which may include, but not be limited to, the solicitation of additional confidential statements of reference. Upon review of all documentation, the committee shall forward to the BLSE the record, as defined elsewhere in these policies, and the area committee's written recommendation. Notice of the committee's recommendation shall also be provided to the applicant. A recommendation of denial shall state as the basis whichever of the following is or are applicable:
(1) insufficient CLE credits;
(2) insufficient and/or unsatisfactory peer review;
(3) insufficient trials and/or other task requirements;
(4) insufficient substantial involvement;
(5) unsatisfactory disciplinary and/or malpractice record; or
(6) action or conduct determined to be inconsistent with the special knowledge, skills, proficiency, character, ethics and reputation for professionalism required for board certification.
(f) Record. The area committee is responsible for assembling the record in connection with the applicant's application, which shall consist only of the following:
(1) the application;
(2) all materials obtained by the area committee during its review, investigation, and consideration process; and,
(3) such additional supporting documentation as the applicant may submit, or the committee may obtain, as described and permitted elsewhere under these policies.
(g) BLSE Review of the Committee Recommendation. The BLSE shall review the record and recommendation of the area committee to determine whether the record supports the recommendation. Such recommendation shall be considered at the next regularly scheduled BLSE meeting which is set to occur not less than 20 days from the date of the recommendation. The BLSE shall issue a decision to grant or deny certification or recertification, or may remand the application to the committee for further investigation or documentation as the BLSE may direct. The BLSE may delegate initial review of the record and committee's recommendation to a BLSE sub-committee which shall make a report to the full BLSE for appropriate action.
(h) Remand. If the application is remanded by the BLSE, the area committee will have 60 days in which to conduct additional investigation. After its investigation, the area committee shall return the application and record to the BLSE with the committee's recommendation for approval or denial of certification or recertification. Materials or information obtained during the investigation shall be included in the record.
(i) Applicant Notification. The BLSE shall give notice of its decision, by mail, to the applicant and the committee chair not more than 20 days after the BLSE meeting at which the decision is made.
(j) Request for Appearance. Not more than 10 days after receipt of notice of the BLSE's decision, the applicant or committee chair, on behalf of the committee, may file with the LSE director, a request for appearance before the BLSE. No additional information or supporting documentation may be filed by the applicant or the committee chair. If a request for appearance is not timely filed, the applicant may proceed under policy 2.13(o).
(k) Notice of Appearance. Upon receipt of the request for appearance, the LSE director, on behalf of the BLSE, shall issue a notice of appearance before the BLSE. The notice shall set forth the date, time, and location of the next regularly scheduled BLSE meeting at which the applicant and the committee chair, or designated representative, may appear in person or by teleconference. The notice shall be given not less than 20 days prior to the BLSE meeting.
(l) Appearance Before BLSE. The BLSE chair shall afford the applicant and committee representative the opportunity for an oral presentation. A maximum time of 20 minutes shall be allowed for the purpose of both appearances before the BLSE. Reference to any materials that are not part of the record as defined elsewhere in these policies may not be considered. The applicant may have a court reporter present during the applicant's appearance at the applicant's expense.
(m) Notice of Decision. The BLSE shall give notice, by mail, to the applicant and committee chair of its decision within 20 days of the BLSE meeting at which the appearance occurs.
(n) Finality of Decision. The BLSE decision shall close the application and peer review evaluation process.
(o) Appeal. Further review of the BLSE decision by the applicant shall be in accordance with the procedures set out in the 400 series of the BLSE policies. Such appeal shall be limited to review of whether the area committee and BLSE afforded to the applicant the procedural rights as provided elsewhere in these policies and by pertinent Rules Regulating The Florida Bar. Such appeal and review shall not extend to or include further application or peer review evaluation, or review or consideration of confidential peer review responses.
(p) Ex Parte Contacts. Because the review process is of a quasi-judicial nature and must occur in an atmosphere free of bias or pressure, ex parte contacts by anyone with members of the area committee, BLSE, AC, or BOG are prohibited.