Rule ELC 6.9 - Termination of Diversion(a)Termination. Respondent may provide disciplinary counsel an affidavit or declaration demonstrating fulfillment of the terms of the contract. Upon receipt of such an affidavit or declaration, or upon expiration of the diversion period, disciplinary counsel may take any of the following actions:(1) Upon disciplinary counsel's determination that the contract has been completed, dismiss any grievances that were deferred pending the completion of the diversion.(2) Amend the diversion contract under rule 6.5(d).(3) Declare a material breach of the diversion contract under the provisions of subsection (b) of this rule. (b) Material Breach. A material breach of the contract is cause for termination of the diversion. After a material breach, disciplinary counsel must notify the respondent of termination from diversion and disciplinary proceedings may be instituted, resumed, or reinstated.(c) Review by the Chair. The Chair may review disputes about fulfillment or material breach of the terms of the contract on the request of the respondent or disciplinary counsel. The request must be filed with the Board within 15 days of notice to the respondent of the determination for which review is sought. Determinations by the Chair under this section are not subject to further review and are not reviewable in any proceeding.(d) Effect of Completion. The grievant cannot appeal a dismissal under this rule. Completion of the diversion is a bar to any further disciplinary proceedings based on the same allegations.Adopted effective 10/1/2002; Amended effective 1/1/2014.