Section 5.3 - Actions By CommissionUpon the completion of the investigation, the General Counsel shall make a report and recommendation to the Commission on each grievance. The Commission, upon consideration of the report and recommendation of the General Counsel, and further investigation if deemed advisable, shall either:
(a) Direct that no formal disciplinary proceedings be commenced, in which event the General Counsel shall advise the person filing the grievance that the factual circumstances do not warrant further investigation or disciplinary action;(b) If, after a disciplinary action has been commenced, the Commission finds the grievance is wholly frivolous or without merit, it shall direct the immediate expungement of any grievance, and upon such expungement, respondent against whom such frivolous grievance has been filed and expungement has been ordered by the Commission, may treat the grievance as if it was never asserted. Provided, however, that said expungement shall not occur until sixty (60) days after the date of notification to the complainant of that decision;(c) Direct that a letter of admonishment be written to the respondent by the General Counsel;(d) Direct that no formal proceedings be instituted against the respondent, conditioned upon the respondent's acceptance of a private reprimand before the Commission, and in such event, the respondent shall be notified to appear before the Commission at a time and place to be fixed in the notice for the purpose of receiving a private reprimand. If the respondent does not appear at the time and place so fixed in such notice, the Commission may give further consideration to the advisability of filing a formal complaint;(e) Direct the filing of a formal written complaint with the Supreme Court by the General Counsel within thirty (30) days of the vote of the Commission unless the Commission grants an extension of time for reasonable cause; or(f) In matters involving the unauthorized practice of law, the Professional Responsibility Commission shall either dismiss the grievance or direct the General Counsel to initiate any action permitted by law through the appropriate court.In addition to, or in lieu of, one of the foregoing actions, the Professional Responsibility Commission may direct the General Counsel to refer the name of the respondent to the Lawyers Helping Lawyers Committee of the Oklahoma Bar Association, and such referral shall not be deemed to be a violation of Rule 5.7. The referral will be made to the Lawyers Helping Lawyers Committee for possible assistance to the member without reference to the source or subject matter of the complaint, provided that such referral will not delay the disposition of the complaint under these rules, unless for good cause shown.
Okla. Stat. tit. 5A , app 1-A § 5.3
Adopted by orders February 23, 1981; eff. 7/1/1981; Amended by orders of October 29, 1987; Amended by orders of April 6, 1992; eff. 7/13/1992.