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For Providers
Forms
eCLE Letter
FAQs
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Frequently
Asked Questions for Providers
To link to the Rules, please click here.
- How
do I get a CLE activity accredited in Delaware?
- What
if I offer the same seminar more than once?
- Do
you accredit sponsors?
- Other
than live instruction, what forms of CLE do you accredit?
- Do
you approve in-house programs?
- Do
you accredit luncheon speakers?
- What
else is not eligible for credit?
- Can
the application fee be waived for my organization?
- How
do I report attendance for a seminar you approved?
-
Do you have reciprocity with any other MCLE state? Can I assume
that my program is approved in Delaware if the MCLE Board of the
state in which my program is presented has approved my program?
How
do I get a CLE activity accredited in Delaware?
We accept the Uniform Application for Accreditation (also known
as ORACLE Form 1). Contact
the Commission to have a form mailed to you if you do not already
have one, or download one from the forms
page using Adobe Acrobat Reader.
The only required attachment to the application is a program agenda,
and, a $25.00 application fee is required for single program applications,
made payable to Commission on Continuing Legal Education.
What
if I offer the same seminar more than once?
If the program doesn't change at all from presentation to presentation
(agenda, speakers, materials, etc. remain the same), we will accept
the $25.00 application fee and one application for all presentations
within one year's time. At the end of that year, the provider will
have to submit another application to continue accreditation, even
if the program has not changed, if the provider wants to maintain
accreditation. After approval of the initial presentation, the provider
must notify the Commission of subsequent presentations in writing
at least 30 days in advance of the presentation. Separate activity
codes are issued to each presentation.
Do
you accredit sponsors?
Yes. Generally, an Accredited Sponsor should have a history of accreditation
with the Commission, but we will also approve sponsors on a provisional
status in certain circucmstances. Accredited Sponsors must agree
to apply to the Commission for accreditation of each program for
credit for each program at least 30 days in advance. In addition,
the sponsor must submit attendance records within 45 days after
the program, provide attendees with an attendance certificate and
to maintain original attendance records on file for at least three
years following the date of the program. Also, a $100.00 fee and
annual agreement are required; but there is no subsequent charge
for individual program applications. Accredited Sponsor status covers
only live public on-site programs, public satellite broadcasts and
monitored video replays, not in-house programs or self-study. Refer
to Rule 7(A) for more details and contact
the Commission to request an application form be sent to you.
Other
than live instruction, what forms of CLE do you accredit?
The CLE Rules allow for the accreditation of self-study by the Commission,
as long as the activity meets the standards for accreditation. We
consider self-study to be any educational activity where the provider
is not physically present with the attorney as the activity is underway
(therefore, a satellite broadcast to a public and staffed remote
place of reception is not self-study, but the same broadcast to
an attorney's desktop computer or an unstaffedlaw firm conference
room is). For current information, please refer to our page on Self-Study.
The Commission will approve for credit satellite video broadcasts
in an organized setting (use Form 5), and monitored videotape broadcasts,
with restrictions (use Form 6).
Do
you approve in-house programs?
Yes. We consider a program to be in-house when a firm or company
is providing the program for the benefit of its lawyers only; if
a firm has an outside speaker come in, contracts with a provider
of public CLE programs, or has its partners speak to its associates
it is still considered in-house as long as attendance is restricted
to attorneys with that firm. Supplement the Uniform Application
with Form 10. Attorneys may earn up to half their minimum requirement
every two years through in-house programs. Currently, credit may
be approved only for live on-site instruction in an in-house setting,
not video replay or simulcasts of any kind.
Do
you accredit luncheon speakers?
Delaware grants one credit hour to each 60-minute period of
instruction. This excludes all breaks, welcoming remarks,
business meetings, and other non-substantive portions of a program.
Instruction held during a mealtime is eligible for credit at the discretion of the Commission.
Exceptions are made for "brown bag" luncheons or continental
breakfasts, where the room setting is still classroom-style and
the attendees' hands are still free for taking notes.
What
type of instruction is not eligible for credit?
We do not accredit programs or portions of programs dealing with
marketing. We do now accredit most forms of management and
technology courses. However, we cannot grant credit to www-related
sessions if they deal with law firm marketing. Please also refer
to our policies page for current
policy regarding courses in questionable areas.
In short, the purpose of a CLE program, as stated
in Rule 6(B)(1), is to improve the
professional competence of a lawyer or a judge. Along these lines,
the Commission will not grant credit to non-substantive topics,
such as funding pro-bono work, and also will not grant blanket
approval to seminars not advertised to and geared towards lawyers.
Can
the application fee be waived for my organization?
The $25.00 individual program application is not waived under any
circumstance, and in fact, has remained static since the inception
of CLE in 1987. The $100.00 sponsor fee may be waived for Accredited
Sponsors approved by the Commission on its own motion under Rule
7(A)(1) when the approved continuing legal education activities
are presented under the supervision of the Delaware State judiciary,
or when the approved continuing legal education activities are provided
free of charge to all attendees. Remember, the fee is an application
fee, not an approval fee, so be sure to read all Rules
and materials carefully. The fee will not be refunded if the program
is denied.
How
do I report attendance for a seminar you approved?
Attendance maintenance consists of three parts and is covered under
Rule 5(B). First, the provider must
submit a list of attendees to the Commission. This list must include
the program identification number assigned by the Commission, a
listing of Delaware attorneys with their Supreme Court identification
numbers, and the number of credits earned by each attorney, including
credits in Enhanced Ethics, if any. Also, the provider must give
each attendee a certificate of attendance with the same information,
as well as specifics regarding the program attended. The Uniform
Certificate of Attendance is acceptable, as long as it does not
instruct Delaware attorneys to return the certificate to their state
CLE board. Finally, we require providers to maintain original attendance
records for 3 years after the program. The sponsor may not submit
copies of the attendance certificates to the Commission in lieu
of a list; the sponsor's independent verification of credits earned
is required. Finally, please note that the attorney will not be
credited with having attended the program if the list does not specifically
note the number of credits earned.
For greatest accuracy, providers are requested
to have a representative present throughout the program to verify
that attendees sign in at each program session. However,
another record maintenance system may be acceptable if approved
by the Commission.
Attendance may be reported electronically. The subject line of the email should include the course identification number assigned by the Commission, and attendance data should either be in the body of the email or in an attachment to the e-mail.
Do you have reciprocity with any other MCLE state? Can I assume
that my program is approved in Delaware if the MCLE Board of the
state in which my program is presented has approved my program?
No. For a program to be given Delaware CLE credit, it must be approved
by the Delaware Commission on Continuing Legal Education.
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