16 (2) Concurrent with submitting a request for authorization to file a formal charge, a petition for disability inactive status or a recommendation for a private reprimand to the ROC, Bar Counsel shall provide notice to the respondent that such a request has been made. The respondent shall have ten (10) days from the date of service of such notice to submit any information to the ROC. The respondent shall not have a right to appear before the ROC, though the ROC in its sole discretion may request the respondent’s appearance if it will assist the ROC in its determination. (3) The test for determining the existence of probable cause is whether there is sufficient evidence to lead a reasonably prudent person to believe that misconduct has been committed by a respondent justifying the filing of a formal charge, or that an attorney is incapacitated justifying the filing of a petition for disability inactive status. (4) If the ROC issues an order of probable cause, Bar Counsel shall file and serve a formal charge or a petition for disability inactive status, as the case may be. (5) The ROC’s determination pursuant to this rule is not appealable by any person. (6) No record of proceedings relating to the probable cause determination shall be kept. Proceedings before the ROC are not subject to discovery. (7) Persons who provide information to the ROC are not prevented from testifying as to matters within their knowledge in any subsequent disciplinary proceeding or civil action, but they shall not be asked about nor disclose their communications with or submittals to the ROC. (Adopted February 20, 2015, effective July 1, 2015; amended November 17, 2017, effective February 1, 2018.)
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