North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter D - RULES OF THE STANDING COMMITTEES OF THE NORTH CAROLINA STATE BAR › Section .1800 - HEARING AND APPEAL RULES OF THE BOARD OF LEGAL SPECIALIZATION › Section 01D .1803 - RECONSIDERATION OF FAILED EXAMINATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Review
				  of Examination. Within 45 days of the date of the notice from the board's
				  executive director that the applicant has failed the written examination, the
				  applicant may review his or her examination at the office of the board at a
				  time designated by the executive director. The applicant will be given the
				  applicant's scores for each question on the examination. The applicant shall
				  not copy, transcribe, or remove the examination from the board's office (or any
				  other location established by the board for the review of the examination) and
				  shall be subject to such other restrictions as the board deems necessary to
				  protect the content of the examination.
(b) Petition for Grade Review. If, after
				  reviewing the examination, the applicant feels an error or errors were made in
				  the grading, the applicant may file with the executive director a petition for
				  grade review. The petition must be filed within 30 days after the last day of
				  the exam review period and should set out in detail the examination questions
				  and answers which, in the opinion of the applicant, have been incorrectly
				  graded. Supporting information may be filed to substantiate the applicant's
				  claim.
(c) Denial of Petition by
				  Chair. The director of the specialization program shall review the petition and
				  determine whether, if all grading objections of the petitioner are decided in
				  the petitioner's favor, the petitioner's grade on the examination would be
				  changed to a passing grade. If the director determines that the petitioner's
				  grade would not be changed to passing, the director shall notify the chair who
				  may deny the petition on this basis.
(d) Review Procedure. The applicant's
				  examination and petition shall be submitted to a panel consisting of three
				  members of the specialty committee (the grade review panel). All identifying
				  information shall be redacted from the examination and petition prior to
				  submission to the grade review panel. The grade review panel shall review the
				  petition of the applicant and determine whether the grade of the examination
				  should be changed. The grade review panel shall make a written report to the
				  board setting forth its recommendation relative to the grade on the applicant's
				  examination and an explanation of its recommendation.
(e) Decision of the Board. The board shall
				  consider the petition and the report of the grade review panel and shall
				  certify the applicant if it determines by majority vote that the applicant has
				  satisfied all of the standards for certification.
(f) Failure of Examination Prepared and
				  Administered by a Testing Organization on Behalf of the Board. Notwithstanding
				  paragraphs (a) - (d) of this rule, if the board is utilizing a qualified
				  organization to prepare and administer the certification examination for a
				  specialty pursuant to Rule .1716(10) of this subchapter, an applicant for such
				  specialty shall only be entitled to the review and appeal procedures of the
				  organization.
Authority
					 G.S.
					 84-23;
Adopted Eff. March 11,
					 2010;
Amended Eff. September 24, 2015; March 6,
					 2014.