§ 2.16 Revocation

2.16. Revocation

(a) Authority. Certification granted under chapter 6 of the Rules Regulating The Florida Bar may be revoked by the BLSE.

(b) Automatic Revocation. The following shall cause automatic revocation of board certification:

(1) An order imposing any discipline that terminates membership in The Florida Bar;

(2) An order imposing a suspension of the privilege of practicing law under circumstances that require an order of the court to resume the practice of law; and

(3) A decision to revoke or deny any other certification(s) held by the member on the basis of peer review determined to be inconsistent with the character, ethics, and reputation for professionalism required of a board certified member.

Upon occurrence of any of the above, the member's certification shall be immediately revoked and the member's name removed from any listings of board certified members. The board certified member shall be provided notice of revocation by mailing appropriate documents to the board certified member's record bar address, by United States certified mail, return receipt requested.

(1) A disciplinary suspension that does not require an order of the court to resume the practice of law;

(2) A disciplinary public reprimand;

(3) A disciplinary admonishment for minor misconduct;

(4) Delinquent membership as set forth in rule 1-3.6 of the Rules Regulating The Florida Bar; and

(5) Any reason set forth in rule 6-3.8(d) (1)-(5) of the Rules Regulating The Florida Bar.

(d) Procedures for Discretionary Revocation.

(1) Notice. The board certified member shall be provided notice that the BLSE is considering revocation by mailing appropriate documents to the board certified member's record bar address, by United States certified mail, return receipt requested. The notice shall specify the date on which BLSE consideration will occur and shall provide at least 20 days advance notice.

(2) Response Required. A board certified member shall respond to the notice, in writing, within 10 days of receipt. The 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 BLSE chair. Failure of a board certified member to timely respond, in writing, shall be considered by the BLSE as evidence that the board certified member has waived all rights to respond and consents to the determination of BLSE.

(3) Request for Appearance. A board certified member shall be afforded the opportunity to appear before BLSE to address the revocation consideration, if requested in a timely filed response required in subdivision (d)(2). The appearance shall occur on the BLSE meeting date provided in the notice of consideration. No additional information or supporting documentation may be filed.

Failure of a board certified member to timely request an appearance shall be considered by the BLSE as evidence that the board certified member has waived all rights to appear and consents to the determination of BLSE.

(4) Notice of Appearance. Upon receipt of the request for appearance, the LSE director, on behalf of the BLSE, shall issue a notice of appearance to confirm the date, time, and location of the meeting. The appearance may be in person or by teleconference. The board certified member may be accompanied by counsel and may have a court reporter present, at the applicant's expense.

(5) Notice of Decision. The BLSE shall give notice of its decision by United States certified mail, return receipt requested, within 10 days of consideration of the board certified member's response and appearance, if held. The decision shall be final.

(6) Appeal. Further review of the BLSE decision shall be in accordance with the procedures set out in the 400 series of the BLSE policies. The appeal shall be limited to review of whether the BLSE afforded to the board certified member the procedural rights provided in these policies and by pertinent Rules Regulating The Florida Bar.

(e) Interim Suspension of Certification Pending Investigation. The BLSE may, at its discretion, suspend the certificate of any member who is under investigation for an offense related to professional integrity. The board certified member shall be provided notice of certification suspension by mailing appropriate documents to the board certified member's record bar address, by United States certified mail, return receipt requested. Upon occurrence of certification suspension, the member's name shall be removed from any listings of board certified members.