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(C) refer the grievance to the Committee for action under Rule 2.
(3) If a show-cause order is issued under paragraph (2)(B) above or subparagraph (D) below, or
if a Committee report is received, and after a show-cause response or a report rebuttal has
been received or after the time for receiving such a response or rebuttal has expired, the
Panel will:
(A) Dismiss the grievance as unfounded or unsupported by sufficient evidence; or
(B) in a case where a show-cause order has been issued under paragraph (2)(B) above or
under subparagraph (D) below, impose the discipline identified in the show-cause order
or impose a lesser discipline; or
(C) in a case where a show-cause order has not been issued under paragraph (2)(B) above
or under subparagraph (D) below, impose the discipline recommended by the
Committee or impose a lesser discipline; or
(D) in a case where the Panel believes that it may be appropriate to impose a discipline
greater than that recommended by the Committee or identified in a previous show-
cause order, or in a case where the Panel has not yet issued any show-cause order as to
the imposition of a specific discipline, issue an order to show cause why a specific
discipline should not be imposed by the Court and, after a show-cause response has
been received or after the time for receiving a show-cause response has expired –
(i) dismiss the grievance under paragraph (A) above; or
(ii) determine that such specific discipline or a lesser discipline is appropriate and issue
an order setting forth the essential facts of the misconduct, the rationale for
imposing the discipline, and the discipline imposed, to include any conditions
attached thereto.
(4) A hearing before the Court will not generally be held; however, the Court may, sua sponte
or at the request of the practitioner concerned, hold a hearing in the exercise of its discretion.
(c) Proof.
In a grievance proceeding, discipline will be imposed only upon a finding of clear and
convincing evidence that the practitioner engaged in professional misconduct.
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