Statutes, codes, and regulations
NORTH CAROLINA ADMINISTRATIVE CODE
Title 27 - STATE BARChapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BARSubchapter 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

27 N.C. Admin. Code 1D.1803

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Current through Register Vol. 39, No. 11, December 2, 2024
Section 01D .1803 - RECONSIDERATION OF FAILED EXAMINATION
(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.

27 N.C. Admin. Code 01D .1803

Authority G.S. 84-23;
Adopted Eff. March 11, 2010;
Amended Eff. September 24, 2015; March 6, 2014.
Authority G.S. 84-23;
Adopted Eff. March 11, 2010.