Text: HF00463 Text: HF00465 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 602.10151 UNAUTHORIZED PRACTICE
1 2 OF LAW COMMISSION.
1 3 1. A commission for the abatement of the unauthorized
1 4 practice of law is created within the supreme court.
1 5 2. The unauthorized practice of law commission shall
1 6 consist of seven members, five of whom shall not be attorneys,
1 7 appointed by the supreme court. Of the seven members, three
1 8 shall be members of a consumer protection association, two
1 9 members shall represent the general public, one member shall
1 10 be from the consumer protection division of the office of the
1 11 attorney general, and one member shall be from the
1 12 professional licensing and regulation division of the
1 13 department of commerce. The members shall serve staggered
1 14 five-year terms and shall designate one of its members
1 15 annually to be the presiding officer.
1 16 Sec. 2. NEW SECTION. 602.10152 COMMISSION AUTHORITY.
1 17 1. The unauthorized practice of law commission shall have
1 18 the exclusive authority to receive complaints, make
1 19 investigations, and issue decisions with respect to the
1 20 alleged unauthorized practice of law within this state.
1 21 2. The commission shall have the authority to investigate
1 22 a complaint, hold hearings, and receive evidence concerning a
1 23 complaint and, upon completion, render a decision dismissing
1 24 the complaint, admonishing or reprimanding a person for
1 25 engaging in the unauthorized practice of law, or referring the
1 26 complaint to the supreme court for consideration.
1 27 Sec. 3. NEW SECTION. 602.10153 RULES.
1 28 The supreme court shall prescribe rules for the operation
1 29 and procedure of the commission. The rules shall include
1 30 provisions concerning the confidentiality of information
1 31 received by the commission and immunity from suit for members
1 32 and staff for any conduct in the course of their official
1 33 duties.
1 34 EXPLANATION
1 35 This bill establishes an unauthorized practice of law
2 1 commission and vests the commission with the exclusive
2 2 authority to receive complaints, investigate, hold hearings,
2 3 and render decisions concerning the unauthorized practice of
2 4 law. The bill provides that the commission shall consist of
2 5 seven members, five of whom shall be nonlawyers, appointed by
2 6 the supreme court for a five-year term. The bill provides
2 7 that of the seven members, three shall be from consumer
2 8 organizations, one from the attorney general's office, one
2 9 from the professional licensing division of the department of
2 10 commerce, and two from the general public. The bill provides
2 11 that the supreme court shall prescribe rules for the operation
2 12 and procedure of the commission and that the rules shall
2 13 contain confidentiality and immunity provisions. This bill
2 14 would supersede the unauthorized practice commission
2 15 established pursuant to court rule 118A.
2 16 LSB 2201HH 77
2 17 ec/jj/8.1
Text: HF00463 Text: HF00465 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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