IN THE SUPREME COURT OF THE STATE OF OREGON

In the Matter of Adoption of
Amendments to Rule for
Admission of Attorneys 4.10

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No. 06-053

ORDER ADOPTING AMENDMENTS

The Oregon State Bar Board of Bar Examiners has proposed amending Rule for Admission of Attorneys 4.10, relating to refund of application fee. The Board of Bar Examiners has proposed to eliminate Subsection (9), and all its parts from the Rules for Admission. The matter came before the court at its public meeting of October 10, 2006, at which time the court approved the proposed amendment.

Rule for Admission 4.10 as amended is set out on the attached pages with new text shown in bold print and deleted text shown in italic print, bracketed, and lined through.

Rule for Admission 4.10 as amended by this order shall become effective immediately.

Dated this 3rd day of November, 2006.

Paul J. De Muniz
Chief Justice


4.10 Application and Investigation Fees

(1) Each applicant shall pay to the Board of Bar Examiners, at the time of filing application, an application fee of $525. Of this amount, $25 shall be due at the time the applicant requests an application kit.

(2) In addition to the fee prescribed by paragraph (1) of this rule, there shall be paid to the Board of Bar Examiners, at the time of filing such application, an investigation fee of $225 by each applicant who on the date of any application in Oregon, has previously been admitted to the practice of law in any other jurisdiction. However, an applicant who reapplies for admission to the practice of law in this state within 12 months of a prior application for admission to the practice of law in this state, and who has previously paid an investigation fee of $225, shall pay to the Board of Bar Examiners, at the time of filing the reapplication, an investigation fee of $175, in addition to the fee prescribed in paragraph (1) of this rule.

(3) In addition to the fees prescribed by paragraphs (1) and (2) of this rule, any applicant who files a late application pursuant to Rule 4.05(3) shall pay to the Board of Bar Examiners, at the time of filing such application, a late filing fee of $200.

(4) An applicant who, in conformance with Rule 8.10(4), seeks to take the oath and be admitted more than thirteen months after notice was mailed by the State Court Administrator as provided by Rule 8.05(2) shall pay to the Board of Bar Examiners a fee of $250, if not required to retake the examination, and pay the full application fee and the investigation fee (if applicable under paragraph (2) of this rule) if reexamination is required.

(5) If the applicant was previously denied admission by the Supreme Court in a contested admission case, such applicant shall pay to the Oregon State Bar, at the time of application, any unpaid judgment for costs and disbursements assessed by the court therein.

(6) If an applicant is found to be unqualified to take the examination for any reason under these rules, the applicant shall be entitled to a refund of one-half of the application fee specified in subsection (1) of this rule, less the non-refundable application kit fee.

(7) If an applicant withdraws his or her application, the applicant shall be entitled to a partial refund of the application fees only as follows:

(a) The applicant must request in writing that the application be withdrawn.

(b) If the application withdrawal is received on or before the Thursday before the first day of the examination, one-half of the application fee specified in subsection (1) of this rule will be refunded.

(c) If the application withdrawal is received after the Thursday before the first day of the examination, no refund will be made.

(d) An applicant other than an examination applicant shall be entitled to a refund of one-half of the application fee set forth in Rule 4.10(1) if a written request for withdrawal of his or her application is received by the Board of Bar Examiners within sixty (60) days of the board of Bar Examiners' receipt of the application.

(8) In no event shall any portion of the fees specified in subsections (2), (3) and (4) of this rule or the application kit fee be refunded.

[(9) An applicant shall be entitled to a full refund of all application fees paid under subsections (1) and (2) of this rule to retake the examination if:

(a) The applicant paid the application fees to retake the examination while the applicant's previous examination was being reviewed under Rule 5.20;

(b) The Supreme Court accepts the Review Board's recommendation that the applicant be determined to have achieved a passing score; and

(c) The Supreme Court accepts the Board of Bar Examiners' recommendation that the applicant be admitted to the practice of law.]


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