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Can I request an extension for CLE reporting in Delaware?

Yes — in Delaware you can request an extension of time to complete CLE or to certify compliance, but only in circumstances the CLE Commission deems “exceptional,” and it’s not an automatic right.

The Delaware CLE Rules state the Commission “may, in its discretion, extend” deadlines for completion or certification when an attorney shows exceptional circumstances that prevented timely compliance.

Detailed Explanation

  • Under Rule 5(A) of the Delaware CLE Rules: “The Commission may, in its discretion, extend the deadline for an Attorney to complete the required credits or to certify compliance if the Attorney demonstrates that exceptional circumstances prevented the Attorney from completing the required credits or certifying compliance by the applicable deadline.”
  • The default deadlines in Delaware are:
     • Completion by December 31 of the compliance year.
     • Certification (reporting) via the annual registration by February 1 following the compliance year.
  • If you miss the deadlines, the process is:
     • The Commission sends a Notice of Noncompliance around January 15 to attorneys who have not completed CLE or not certified. A $150 delinquency fee is assessed.
     • You may cure noncompliance by March 1 by completing the missing credits, submitting proof, and paying the delinquency fee.
     • If not cured by March 1, additional delinquency fees apply, and failure to cure by April 1 and April 15 steps lead to additional fees and administrative suspension.
  • The extension mechanism is thus a safety valve, not a guaranteed rule. You must persuade the Commission that your circumstances were exceptional (e.g., serious illness, unavoidable obligations, etc.).
  • If the Commission denies your request, you may petition its decision under Rule 11.

Key Takeaway
You can request an extension for complying or certifying CLE in Delaware, but it’s discretionary and reserved for attorneys who show exceptional circumstances preventing timely reporting.

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