(a) Alternative to Discipline. Diversion is an alternative to formal discipline and may be imposed for a specified period not in excess of two (2) years, but may be renewed for an additional two (2) year period. The terms of the diversion agreement will be stated in writing, and may include restitution and assessment of costs and expenses.

(b) Referral to Diversion. Bar counsel, the committee, the presiding disciplinary judge, a hearing panel, or the court may offer diversion to an attorney, alternative business structure, or legal paraprofessional based upon the Diversion Guidelines recommended by the board and approved by the court. The Diversion Guidelines shall be posted on the state bar and supreme court websites. Where the conduct so warrants, diversion may be offered if:

(c) Diversion Agreement or Order. If diversion is offered and accepted prior to submission of the matter to the committee, the agreement shall be between the attorney, alternative business structure or legal paraprofessional and bar counsel. If bar counsel offers diversion after an investigation pursuant to Rule 55(b) and the attorney, alternative business structure or legal paraprofessional does not accept the offer of diversion, the recommendation for an order of diversion shall be submitted to the committee for consideration. If the committee rejects the recommendation, the matter shall proceed as otherwise provided in these rules. If diversion is offered and accepted after authorization to file a complaint, the matter shall proceed pursuant to Rule 57. If the presiding disciplinary judge rejects the diversion agreement, the matter shall proceed as provided in these rules.

(d) Reinstatement of Discipline Proceeding. A discipline matter shall be held in abeyance during diversion. If a respondent violates a term of diversion, bar counsel may reinstate the discipline proceeding and go forward with the proceeding as provided in these rules.

(e) Dismissal. After successful completion of diversion under these rules, the matter shall be dismissed by bar counsel or by order of the committee, the presiding disciplinary judge, a hearing panel, or the court. Dismissal under this rule shall not preclude bar counsel from using the fact of an agreement or an order of diversion and the facts of the underlying matter in other discipline proceedings, except that the agreement or the order shall not be considered as a prior disciplinary offense in aggravation.