February 22, 2013 - Oregon State Bar

action of the Board of Directors. In order to be
entitled to such review, a written request for such
review must be physically received by the
Executive Director of the Oregon State Bar within
30 days after the date of the written decision
from the PLF to such attorney. Review by the
Board of Governors upon a timely fled request
will be a de novo review on the record. In making
the determination whether or not the action of
the Board of Directors should be armed, only
the grounds asserted in the petition or other
response and written materials which were
available to the Board of Directors will be
reviewed, unless the Board of Governors, upon
its own motion, will request additional materials
from the attorney and from the PLF.
(2) The President of the Oregon
State Bar will appoint a committee of not less
than three of the members of the Board of
Governors which will meet and conduct a review
of the appropriate materials and which will make
a recommendation to the Board of Governors as
to whether or not the action of the PLF Board of
Directors should be armed. The Board of
Governors will make a determination and will
notify the attorney in writing of its decision,
including any adjustment to the assessment, and
the decision of the Board of Governors will be
final.
(3) A request for Board of Governors
review will constitute and evidence the consent
of the Covered Party for the Board of Governors
and others designated by them to review all
pertinent fles of the PLF relating to the Covered
Party. In relation to such review, the members of
the Board of Governors are subject to compliance
with Rule 8.3 of the Oregon Rules of Professional
Conduct (ORPC).
(4) Review of a SUA appeal by the
Board of Governors will result in such
adjustment, if any, as is warranted by the facts.
An adjustment may include reallocation of
responsibility for a claim to another attorney
(whether or not the attorney responds to the
request to participate in the SUA review process),
PLF Policy Manual
January X22013
which could result in assessment of a SUA against
the attorney.
(5) If the review of the Board of
Governors decreases or eliminates the Covered
Parts ~ ...r...,. ~«.,.. ., ,,., «SUA,
appropriate refund will 6e made by the
PLF together with
statutory interest thereon.
(6) If the review of the Board of
Governors serves to impose all or part of the
subject
SUA on
another PLF-covered attorney, the SUA
reallocated to the attorney is due and payable 30
days after written notice to the attorney. Any
SUA not paid when due will accrue interest at the
legal rate until paid, and will be included as part
of the attorneys PLF assessment in the fallowing
year.
(K) Questions Rezardine Appeal Procedure:
Any questions regarding SUA appeal procedures
should be forwarded in writing to the r~~„r
ExeEetive-Bf€ict~CEO of the Rr~~i~ity
FtlwdPLF or the Executive Director of the Oregon
State Bar, as appropriate. The PLF Board of
Directors and the Board of Governors reserve the
right to amend these rules at a future date.
~BOD 8/33/91, 10/3/91. BOG II/13/91; BOp II/6/91, BOG 3/13/92; BOD
]/16/93, BOG B/13/93; B008/9/96; BOG 9/35/96' 90010/G/11: BOG T?i~
3.620 EXTENDED REPORTING COVERAGE
11996 AND LATER YEARS)
PLAN FOR EXTENDED REPORTING COVERAGE
FOR PLAN YEAR 1996 AND LATER YEARS
(For Attorneys Leaving Private Practice in 1995
and Later Years)
The Board of Directors of the
Professional Liability Fund adopts the following
Plan for E~ctended Reporting Coverage for Claims
Made Plan Year 1996 and subsequent years. This
Plan for Extended Reporting Coverage is subject
to amendment or termination by the Board of
Directors at any time. No rights are vested as to
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