An attorney may file an application for a waiver of the requirement and must show by clear and convincing evidence either
- undue hardship, or
- circumstances beyond the control of the attorney that prevents compliance in any reasonable manner with the CLE requirement.
For the Board to consider a waiver based on a medical reason, the application must be accompanied by a certification from a licensed physician (BCLE Reg. 202:3). Depending on the circumstances, the Board may grant either a complete waiver of the CLE requirement for the compliance period or may grant another remedy, such as allowing the attorney to satisfy the requirements through 100% alternative verifiable learning format courses (BCLE Reg. 202:2).