Rule 3.3 - Bar Examination Procedures(a)Time and conduct of examination. - The Board of Law Examiners shall conduct two examinations annually at such times as the Board, in its discretion, may determine. The examinations shall be conducted under the supervision of the Board. Applicants shall wear appropriate attire to the examination. The Board may exclude from an examination any applicant who does not wear appropriate attire or otherwise engages in disruptive conduct. (b)Typing of answers. - The Board of Law Examiners shall have discretion to permit applicants to use laptop computers, in conjunction with secure software approved by the Board and paid for by the applicant, to complete the MPT and MEE sections of the bar examination. The Board may direct the manner in which applicants register their laptop computers for this purpose; the dates by which that registration must be completed; and the procedures for submission of MPT and MEE answers after completion of the examination. The Board may direct an applicant to handwrite any portion of the examination at any time if the applicant's behavior is disruptive to other examinees or if technical difficulties, security concerns, or other problems arise. Where a reasonable suspicion arises that an applicant has cheated, attempted to cheat, or aided or assisted another applicant in cheating, the Board may take all necessary steps, up to and including asserting control over an applicant's personal laptop computer, to investigate the applicant's conduct and ensure the security of examination materials. (c)Early admission to bar examination. - If an applicant has qualified for a degree in law that would qualify him to take the examination, but the awarding of the degree by the law school is delayed until after the examination, the Board may permit such applicant to take the examination. (d)Examinations for persons in military service. - Upon a showing of scheduled active duty overseas in the military service at the time of the July examination, the Board may, in its discretion, permit an applicant to take the bar examination during such applicant's last semester of law school. (e)Examination of applicants with a disability. - All reasonable steps shall be taken by the Board to facilitate the examination of applicants with a disability or disabilities as defined by the Americans with Disabilities Act. For the purpose of this rule, "disability or disabilities" means physical or mental impairment that substantially limits one or more of the major life activities of such individual. Applicants with a disability or disabilities must notify the Board of any reasonable accommodation(s) needed at the time of the filing of the application on forms provided by the Board. The Board will consider accommodations requests submitted after December 1st preceding the February examination or May 1st preceding the July examination only where the applicant demonstrates that the disability in question arose after submission of the application. (f)Appeal of accommodations decision. - The Board will notify an applicant promptly in writing of its decision regarding the applicant's accommodations request. If the request is denied in whole or in part, the applicant may submit further documentation in support of the request only if the application deadline has not yet passed or if further documentation is specifically requested by the Board in the notice of decision. An applicant may appeal the Board's denial of accommodations by submitting a written request for a hearing under Rule 6.0 within ten (10) calendar days of receipt of the Board's decision; however, the evidence introduced at such a hearing shall be limited to evidence the applicant submitted in support of the accommodations request or evidence that is necessary to clarify existing documentation. The Board shall make every reasonable effort to complete the Rule 6.0 hearing process prior to the examination for which the applicant has applied. (g)Anonymity of applicants. - The identity of the writer of the MPT and the MEE shall not be known until the grades of all applicants have been finally determined. The Board shall have discretion to release unofficial bar passage information by anonymous applicant number on the Board's website. W.V. R. Admis. Prac. Law. 3.3
As amended by order entered November 29, 1989, effective 1/1/1990; by order entered June 26, 1990, effective 8/1/1990; by order entered June 24, 1992, effective 7/1/1992; and by order entered March 24, 1993, effective 7/1/1993; by order entered November 26, 2002, effective November11/26/2002; by order entered November 20, 2012, effective 1/1/2013; amended by order effective 10/5/2016.