Mississippi Administrative Code › Title 30 - Professions and Occupations › Part 2901 - Mississippi State Board of Optometry Rules and Regulations › Chapter 1 - Examinations › Rule 30-2901-1.6 - Examination review procedure

Current through June 25, 2024
(a) Each individual
				who takes the examination for licensure as an optometrist and does not pass the
				examination shall be provided with copies of his/her examination scores upon
				notification or his/her failure of the examination. In addition, the failing
				candidate shall be provided with a copy of this regulation so that she/he will
				be fully advised of the review procedure.
(b) If the failing candidate desires to see
				his/her failing criteria; she/he may make a written request for such
				information from the board. The board will see to it that contents of the
				examination are made available for the candidate's review for a period of up to
				2 hours. The failing candidate will not be permitted to copy or reproduce
				anything, however, as the integrity of the examination must be
				preserved.
(c) If a failing
				candidate desires to request a review by this board of his/her examination
				results, she/he must file a written request for review within ninety (90) days
				of the date of the notice of the failure of examination. The request must be in
				writing, sent by certified mail return receipt requested, and must be received
				in the office of the board on or before five (5) o'clock p.m. on the ninetieth
				(90) day.
(d) The written request
				for review by the board must state with sufficient clarity the reasons why the
				applicant feels the results of the examination should be changed. If the board
				determines that the request does not adequately state the reasons for review,
				the board may either dismiss the review or request additional information from
				the candidate, and the board may extend the deadline mentioned above in order
				to permit elaboration by the candidate.
(e) Upon receipt of the written request for
				review, the board may conduct a review of the examination results and the
				written request for review in a closed session. This closed session review by
				the board may be conducted at a time and place to be determined by the board in
				its complete discretion.
(f) If the
				candidate requests, an informal conference will be scheduled by the board. The
				informal conference may occur in closed session at a regularly scheduled board
				meeting and may be attended by the individual board members attending the
				meeting, the board's legal counsel or a representative or the Attorney
				General's office, and the candidate. The candidate may choose to be represented
				by counsel, however, counsel for the candidate will not be permitted to engage
				in discussions with the board. Counsel for the candidate may advise the
				candidate, but any questions propounded by the board to the candidate are to be
				answered by the candidate. The candidate will be afforded the opportunity to
				discuss his or her examination results with the board, but the board will not
				be required to answer questions propounded by the candidate.
(g) The burden will be on the candidate to
				show substantial cause why the results should be changed. The board will
				consider the following to be adequate reasons for modification of examination
				results:
(1) A showing of significant
				procedural error in the examination process
(2) Evidence of bias, prejudice, or
				discrimination in the examination process
(3) Clearly erroneous grading
(4) Other significant errors which result in
				substantial disadvantage to the candidate