Frequently Asked Questions: MCLE Audit
Are county employees considered exempt?
No. County employees are not exempt. Employees of California Superior Courts are exempt from MCLE requirements.
Why am I being audited?
Members were chosen at random so you did not do anything to influence your being selected for the audit. All recipients selected for the audit are required to respond as directed in the Audit Notice in order to be found in compliance.
Once I complete the administrative portion of the audit, will I be contacted again?
Please submit your information both online and by email, fax or mail. We will review the submission and let you know if you need to correct any deficiencies or provide further documentation. Once the administrative portion of the audit has been completed, you will be notified by mail. Attorneys who attested to compliance but failed to provide sufficient proof may be referred to the Office of Chief Trial Counsel for further investigation and/or disciplinary prosecution.
How long do I need to keep my records on file once my audit is complete?
For a year after reporting MCLE compliance, a member must retain and provide upon demand and to the satisfaction of the State Bar the following:
- a provider’s certificate of attendance
- a record of self-study that includes the title, provider, credit hours and date of each activity
- proof of exempt status
Rule 2.73 adopted effective Jan. 1, 2008
I’ve lost (or never received) my MCLE Audit Notice. What do I do now?
Requests for duplicate audit notices and general questions regarding the MCLE Audit should be submitted to the State Bar’s MCLE Audit Team by completing a Licensee Records and Compliance Inquiry form online. You may also call Attorney Regulation at 888-800-3400.
I’ve submitted my audit materials. How will I know when the audit has been received and completed?
Once your audit is complete, you will receive a letter confirming your successful completion of the administrative portion of the audit.
May I have my administrator or paralegal respond to the audit on my behalf?
You may choose to delegate, however, you are ultimately responsible for the safe-keeping of your documentation, the accurate and timely submission of your response to the audit notice and payment of any penalties.
What if I submit someone else’s documentation as my own?
Submission of falsified documentation will result in a referral to the Office of Chief Trial Counsel for further investigation and/or disciplinary action.
What if I didn’t take enough courses during the compliance period?
Failure to complete the requirements during the compliance period will result in your having to make up the deficiency. You will have to submit all required hours to the online log and then submit the proof of compliance. You will also need to provide the audit submission cover sheet, a brief cover letter explaining why you were unable to complete the requirements during the compliance period along with the $205 deficiency fee for non-compliance by the deadline.
What happens if I just ignore the MCLE audit?
Failure to comply with the audit by the deadline will result in the assessment of a $103 late penalty and the issuance of a 60-day notice. Failure to pay the penalty and comply with the audit by the deadline on the notice will result in your placement on Administrative Inactive Status or Not Eligible to Practice status until you submit the required proof of compliance, pay the $103 penalty and an additional $205 reinstatement fee. You will not be eligible for reinstatement until you comply with the audit. You may also be referred to the State Bar discipline system for filing a false declaration of compliance.