Formal proceedings

(a) Approval of petition by Subcommittee Chair or Vice Chair. Following an investigation, if Disciplinary Counsel determines there is sufficient evidence of conduct involving an occurrence of the unauthorized practice of law in the State of Delaware to warrant further prosecution, Disciplinary Counsel shall draft a petition seeking appropriate relief directed to the Subcommittee. The petition shall be sufficiently clear and specific to inform the respondent of the alleged unauthorized practice of law, and shall contain a notice that the respondent’s failure to file a response with the Subcommittee in a timely manner will result in the allegations and charges contained therein being deemed as conclusively established. Disciplinary Counsel shall submit the draft petition to the Subcommittee Chair or Vice Chair for review, and no petition may be filed by Disciplinary Counsel without prior approval of the Subcommittee Chair or Vice Chair. The Subcommittee Chair or Vice Chair shall not thereafter participate on a panel that decides the matter on the merits. (b) Commencement of formal proceedings. Following approval of a petition by the Subcommittee Chair or Vice Chair, Disciplinary Counsel shall sign and file the petition with the Subcommittee Administrator, and shall serve the petition upon the respondent pursuant to these Rules. The respondent shall file an answer with the Subcommittee Administrator within 20 days of service of the petition, with service of same upon Disciplinary Counsel. In the event the respondent fails to answer in a timely manner, all factual allegations contained therein shall be deemed as conclusively established. (c) Hearing Panels. Following the commencement of formal proceedings pursuant to Rule 6(b), the Subcommittee Administrator shall appoint a Hearing Panel, which shall consist of three members, two shall be lawyers and one shall be a non-lawyer. The chair of the Hearing Panel shall be a lawyer. The Subcommittee Chair shall not serve as a member of a Hearing Panel unless no other member of the Subcommittee is available. Prior to the appointment of a Hearing Panel in a formal proceeding, the Subcommittee Chair shall consider and determine all procedural, evidentiary, and administrative issues relating to the proceeding; after such appointment but prior to a hearing, the chair of the Hearing Panel shall consider and determine all such issues, except as otherwise stated in these Rules. Upon the commencement of a hearing in a formal proceeding, the making of any subsequent ruling, disposition, order, or final report by the Hearing Panel shall require a majority vote of its panelists.