N.Y. Comp. Codes R. & Regs. tit. 22 § 6000.9

Current through Register Vol. 46, No. 25, June 18, 2024

Section 6000.9 - Attendance and withdrawal

(a)Attendance.

(1) Applicant must attend all sessions of the examination to be graded. In order for the examination to be graded, the applicant must attend both sessions of the first day of the bar examination at the designated location in New York State and both sessions of the MBE, either in New York State or concurrently in another jurisdiction. Any applicant who does not attend all four sessions will be deemed to have withdrawn from the examination and will not receive examination results.

(2) Early departure. Except in extraordinary circumstances, applicants must remain in the examination room for the first 30 minutes of each session of the examination.

(3) Tardiness. No applicant will be admitted to the bar examination more than 30 minutes after the examination session begins.

(4) Absence. An applicant who fails to appear for one session of the examination shall not be admitted to any later session. Any applicant who is not present for both sessions of the first day of the examination will not be permitted to take the MBE in New York on the following day.

(b)Withdrawal from the examination/failure to appear.

(1) An applicant who will not appear for an examination shall notify the board of the withdrawal prior to the examination either in writing or by using the withdrawal link provided by the board on its website.

(2) An applicant will be deemed to have withdrawn from the examination if the applicant does not appear for all sessions of the examination, as required by paragraph (a)(1) of this section or if, having appeared for the examination, in the opinion of the board upon review of the applicant's examination papers and record of attendance, does not make a bona fide effort to pass the examination.

(3) An applicant who failed to appear for, has withdrawn from, or pursuant to paragraph (2) of this subdivision has been deemed to have withdrawn from multiple prior examinations may, in the discretion of the board, be required to petition the board for permission before applying to sit for a subsequent examination. In the event the board determines such a petition is required, all applicant will be so notified by the board.

(4) The board may, in its discretion, delegate to any of its members, or to its executive director, deputy executive director or counsel, authorization to make determinations under this section.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 6000.9