Rule 23 - HEARING OFFICER'S OR HEARING COMMITTEE'S REPORT TO THE BOARD(a)Report; Contents; Due Date. The Hearing Officer's or Hearing Committee's report shall include: (iii) Each ethical rule violated and constituting grounds for discipline;(iv) Any aggravating and mitigating circumstances; and(v) Recommended disposition. The report must be submitted to the Board within 30 days following the Conclusion of the Hearing and shall be accompanied by the Record of Formal Disciplinary Proceeding. Upon receipt of the report, the Board Chairperson shall schedule the matter for the next available Board meeting.
(b)Service of the Report; Notice. The Filing Clerk shall serve a copy of the report upon Counsel and the Respondent in accordance with RSCH 2.11(b). Counsel shall notify the Complainant that a report has been filed with the Board; and that a copy of the report is available upon request. If a copy is provided to the Complainant, he/she should be informed the report is a recommendation the Board may, but need not, follow.(c)Requests for Briefing or Oral Arguments. Either Party may request permission to submit briefs or to present oral argument to the Board. Such a request must be made in writing to the Board Chairperson within ten days after service of the Hearing Officer's or Hearing Committee's report in accordance with RSCH 2.7(d).(d)Failure to Observe Deadlines. If a report is not submitted timely, Counsel shall immediately notify the Board Chairperson, who shall take appropriate action, including but not limited to the following:(i) Set a final deadline for the Hearing Officer or the Hearing Committee to comply; Reassign the responsibility to prepare the Hearing Committee's report to another member of the Hearing Committee;
(ii) Appoint a substitute Hearing Officer or substitute Hearing Committee members and remand the case for further proceedings as appropriate; or(iii) Take such other action deemed necessary to procure the timely submission of the Hearing Officer's or Hearing Committee's report.