Section 5 - Continuing Legal Education Providers5.01. The following standards will govern the approval by the Commission of continuing legal education activities: (a) The activity must have significant intellectual or practical content and its primary objective must be to enhance the participant's professional competence as an attorney.(b) The activity must deal primarily with matters related to substantive law, the practice of law, professional responsibility, or ethical obligations of attorneys.(c) The activity must be offered by a provider having substantial recent experience in offering continuing legal education or demonstrated ability to organize and effectively present continuing legal education. Demonstrated ability arises partly from the extent to which individuals with legal training or educational experience are involved in the planning, instruction, and supervision of the activity.(d) The activity itself must be conducted by an individual or group qualified by practical or academic legal experience. The program, including the named advertised instructors, must be conducted substantially as planned, subject to emergency withdrawals and alterations.(e) Textual materials should be made available in written or electronic form to all participants at or before the time the course is presented, unless the absence of such materials is recognized as reasonable.(f) The activity must be conducted in a format approved by the Commission including, but not limited to, online and web based programs.(g) Twelve (12) activities delivered via in-person format are eligible for CLE credit. The twelve (12) activities are:1. Traditional in-classroom courses. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. See Section 3.01(c) of this Rule; 2. Teaching at an approved CLE activity. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. See section 4.03(a) of this Rule (includes video re-play with a qualified commentator); see Regulation 3A for commentator requirements; 3. Teaching at an approved educational institution. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. See section 4.03(b) of this Rule; 4. Pro Bono representation. A maximum of three (3) EP credits may be applied to any compliance year. See section 4.08(c) of this Rule; 5. Indigent Defense representation (uncompensated portion only). A maximum of three (3) EP credits may be applied to any compliance year. See section 4.08(d) of this Rule; 6. Published Writing. A maximum of six (6) General and one and one-half (1.5) EP credits may be applied to any compliance year. See section 4.08(b) of this Rule; 7. Formal enrollment and education of a postgraduate nature for credit or audit at an approved educational institution. Credit is earned hour for hour. See section 4.04 of this Rule. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. 8. Service as a Bar Examiner. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. See section 4.05 of this Rule; 9. Service on the Board of Professional Responsibility or one of its hearing committees. Credit is limited to three (3) EP credits in any compliance year. See section 4.07 of this Rule; 10. Participation as a member of governmental commissions, committees, or other governmental bodies. A maximum of six (6) General and one and one-half (1.5) EP credits may be applied to any compliance year. See section 4.08(a) of this Rule; 11. Completion of Bar Review course. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. See section 4.06 of this Rule.; and 12. Successful completion of a bar examination, specialist certification program, and/or examination for admission to practice before the United States Patent and Trademark Office. A maximum of twelve (12) General credits and three (3) EP credits may be applied to any compliance year. Bar review course credit and bar exam credit cannot both be claimed in the same compliance year. See section 4.08(f). (h) Two (2) categories of activities delivered via distance learning format are eligible for CLE credit. All activities must provide some form of interactive component and a completion certificate from the sponsor. Those two (2) categories are: 1. "Streamed" live sessions delivered in real time through a webinar, "conference call," or some other format accessed via a remote device; and 2. Pre-recorded, online digital audio or video presentations.(i) No activity consisting solely of the viewing or hearing of pre-recorded material will be awarded credit. The following types of courses and online formats are not eligible for CLE credit: YouTube videos, self-study courses, pre-recorded courses without interactivity, courses delivered as on-demand without interactivity, and courses delivered through an electronic device without interactivity.(j) Activities that cross academic lines, such as accounting-tax seminars, may be considered for approval.5.02. Tennessee does not recognize presumptive approval status for providers.5.03. Tennessee does not recognize presumptive approval for any activity or program.5.04. The Commission may at any time re-evaluate a program and revoke specific approval of any particular seminar.5.05.(a) Any provider desiring to advertise Commission approval of a course, program, or other activity shall submit an application for such permission and supporting documentation electronically or on the Uniform Application for Accreditation at least forty-five (45) days prior to the date on which the course or program is scheduled. Documentation shall include a statement of the provider's intention to comply with the accreditation standards of this Rule, copies of programs and written materials distributed to participants at the two most recently produced programs, if available, or an outline of the proposed program and list of instructors if the provider has not produced previous programs, and such further information as the Commission shall request. The staff of the Commission will advise the provider whether the activity is approved or disapproved in writing by mail or by electronic means within thirty (30) days of the receipt of the completed application.(b) Providers denied approval of a program or activity may appeal such a decision by submitting a letter of appeal to the Executive Director within fifteen (15) days of the receipt of the notice of disapproval. Within thirty (30) days of the receipt of the appeal, the Executive Director shall make a new decision which shall be promptly delivered to the provider. Any adverse decision may be appealed to the full Commission for final decision.(c) Any provider may submit to the Commission the Uniform Application for Accreditation seeking approval of a program after the program is conducted. The form is available on the Becoming a Provider page on the Commission's website - www.cletn.com.(d) An attorney licensed to practice in Tennessee who has attended an out-of-state CLE activity not approved in advance by the Commission shall submit a detailed agenda and speaker biographies for the purpose of obtaining accreditation of the course after the program is conducted. All rules pertaining to course accreditation shall apply.5.06.(a) The provider of a continuing legal education activity approved in advance may advertise or indicate approval of an activity, as follows: "This course has been approved by the Tennessee Commission on Continuing Legal Education for a maximum of _____ hours of credit."(b) Any out-of-state provider that holds a program in Tennessee and does not obtain program accreditation shall include a statement on any program advertisement: (1) ''This program is not accredited in Tennessee"; or(2) ''We intend to seek accreditation for this program in Tennessee"; or(3) "This program is not being submitted for accreditation in Tennessee".Amended by order filed November 1, 2022, effective 11/1/2022.