Proposed New Rule 1.26 of the State Bar Rules Relating to the Discretion of the Executive Director or Their Designee to Waive Certain Fees and Extend Specified Deadlines
The State Bar seeks public comment on proposed new rule 1.26 of the State Bar Rules relating to the discretion of the Executive Director or their designee to waive certain fees and extend specified deadlines.
Deadline: April 19, 2026, 11:59 p.m. (45 days)
Direct comments to
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
Background
In the past, where appropriate, staff has extended deadlines or waived late fees without Board approval and then sought retroactive approval from the Board. This process, while necessary in some circumstances, may limit meaningful oversight by the Board.
Discussion/proposal
The State Bar recommends a new rule to allow the Executive Director or their designee to modify regulatory deadlines in limited circumstances without requiring prior or subsequent Board approval. Staff would report circumstances where noncompliance fees or deadlines are waived to the Board. The proposed rule would allow the Executive Director or their designee to extend a deadline or waive a fee or penalty set forth in a rule or in the Schedule of Charges and Deadlines, as specified, if they find that it is in the interest of justice to provide the extension or waiver, and the conditions predicating the need for the extension or waiver were not caused by the recipient of the extension or waiver.
Any fiscal/personnel impact
The future fiscal impact depends on the number of waivers granted.
Background materials
Staff report and attachment from the February 26, 2026, Board of Trustees meeting: Agenda Item 6.9 Request for Retroactive Approval of Waiver of Law Corporation and Limited Liability Partnership Annual Registration Late Fees and Proposed New State Bar Rule 1.26 Relating to the Discretion of the Executive Director or Their Designee to Waive Certain Fees and Extend Specified Deadlines: Request to Circulate for Public Comment
Source
Board of Trustees
Deadline
April 19, 2026, 11:59 p.m.
Direct comments to
Comments should be submitted using the online Public Comment Form. The online form allows you to input your comments directly and can also be used to upload your comment letter and/or other attachments.
