Basic HTML Version
(B) refer the matter to the Committee for action in accordance with the procedures in Rule
2 and, after receiving the Committee's report and any report rebuttal, either reinstate the
applicant or deny the application.
(4) When a former practitioner suspended due to either a judicial declaration of incompetence
or an involuntary commitment to a mental hospital has been judicially declared to be
competent, the Court will accept that declaration as conclusive evidence of the removal of
the disability and the Panel will direct the reinstatement of the former practitioner upon such
terms as it considers appropriate.
(e) Claimof Disability during Disciplinary Proceedings.
Whenever a practitioner claims, during
a disciplinary proceeding, that he or she is incapacitated by disability for any of the reasons listed
in subsection (b) above and that this disability makes it impossible to present an adequate
defense, the Panel will issue an order imposing on the practitioner an immediate temporary
nondisciplinary suspension from practice. The Panel will then proceed in accordance with the
evidence-gathering procedures set forth in subsection (b) above relating to Panel action in order
to determine if the claim is valid. If the claim is found valid, the disciplinary proceedings will
be suspended until a determination is made, in accordance with the same procedure, that the
incapacitation has ended or no longer impedes the practitioner's ability to participate in the
disciplinary proceeding.
(f) Confidentiality.
Orders announcing suspensions under this Rule will state only that the Court
finds that the practitioner concerned has a disability that precludes his or her continued practice
before the Court.
See
Rule 12.
RULE 9. LOSS OF SPONSORSHIP BY NON-ATTORNEY PRACTITIONER
(a) Initial Action.
After receiving information that a non-attorney practitioner is no longer:
(1) Under the direct supervision of an attorney admitted to the Court's bar; or
(2) employed by an organization chartered by Congress and recognized by the Secretary of
Veterans Affairs for claims representation,
the Clerk will issue an order directing the practitioner to show cause why the Court should not
impose on him or her an administrative suspension from practice until the deficiency is
remedied. The Clerk will mail that order (along with a copy of these rules) to the practitioner
concerned.
(b) Suspension.
If the non-attorney practitioner fails to respond to the order or verifies the loss of
sponsorship, or if the Clerk determines, by a preponderance of the evidence, that the sponsorship
16