The State Bar seeks public comment on rule amendments that would permit the State Bar to charge a fee to voluntarily resign.
January 20, 2025, 11:59 p.m. (60 days)
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly.
Despite staff time required to process the applications, the State Bar does not charge a fee for licensees to voluntarily resign. Proposed amendments to rule 2.45 of the Rules of the State Bar would authorize a voluntary resignation fee. The proposed amendment also removes the requirement that the Board of Trustees approve the voluntary resignation form.
Voluntary resignation (rule 2.45)
Provided a fee does not exceed the reasonable cost of the service for which it is charged and is not charged for unrelated revenue purposes, the State Bar is entitled to charge a fee to raise revenue by assessing fees under subdivision (c) of Business and Professions Code section 6001. Currently, despite staff time required to process the applications, the State Bar does not charge a fee for licensees to voluntarily resign.
The State Bar seeks adoption of a voluntary resignation fee of $85. As stated in the footnote to this fee in the Schedule of Charges and Deadlines, this fee would be effective only if amendments to paragraph (B) of rule 2.45 of the Rules of the State Bar are adopted by the Board of Trustees, and as of the effective date of those amendments.
Proposed amendment to rule 2.45 (B)
The proposed amendment removes the requirement that the Board of Trustees approve the voluntary resignation form and revises the submission process to require eligible licensees to submit a voluntary resignation form available on the State Bar’s website to the State Bar and to pay an associated voluntary resignation fee.
The fee for voluntary resignation would help offset the cost of the service for which it is charged.
Board of Trustees
January 20, 2025, 11:59 p.m.