Board Rules

CHAPTER 1

State Board of Law Examiners
(amended April 2008)

PART 6000 RULES
Section:

6000.1 Board Office

6000.2 Proof required of applicants for examination

6000.3 Fees

6000.4 Examination accommodations for applicants with disabilities

6000.5 Assignment and certification of applicants

6000.6 Examination

6000.7 Automatic regrading of certain examination answers

6000.8 Publication of essay questions and selected applicants' answers

6000.9 Fraud, Dishonesty and Other MisConduct

6000.10 Application for waiver of rules

6000.1 Board office. (a) All correspondence or other written communications to the Members of the Board or the administrative officers of the Board, with the exceptions designated in sub-division (b) of this Part, shall be addressed to the Board's office at New York State Board of Law Examiners, Building 3 - Corporate Plaza - 254 Washington Avenue Extension - Albany, NY 12203-5195.

(b) The Board may, in its discretion, designate a different address solely for receipt of the materials described in Sections 6000.2(a) and (d) and 6000.3(a) of this part. Such address shall be displayed prominently in the application materials furnished to the applicants, and on the Board's website (www.nybarexam.org).

6000.2 Proof required of applicants for examination. (a) Each first time applicant shall file in the office of the Board, at least 90 days but no more than 120 days before the date of the examination for which such applicant intends to apply, an affidavit on a form furnished or approved by the Board, stating compliance with the requirements of Section 520.3, 520.4, 520.5, or 520.6 of the Rules of the Court of Appeals. That affidavit shall specify the address in or outside the State where the applicant resides and the place in the State, if any, where the applicant is employed full time. If the applicant changes either address before the examination for which application has been made, the applicant shall notify the board in writing of such change of address. Written notification of such change of address must be received no later than the first day of the month in which the examination for which application has been made will be given to ensure that the change is made for mailing of the seating assignment.

(b) Each first time applicant shall cause to be filed in the office of the Board, on a form furnished or approved by the Board, proof of compliance with the requirements of Section 520.3, 520.4, 520.5, or 520.6 of the Rules of the Court of Appeals. Such proof of compliance must be received by the Board no later than the first day of the month in which the examination for which application has been made will be given.

(c) Handwriting specimen. Each first time applicant shall file or cause to be filed, a handwriting specimen on a form furnished by the Board, in the usual handwriting of the applicant and bearing the applicant's signature at the end thereof, containing a certification by an authorized official of the law school from which the applicant has or will be graduated; or by an attorney with whom the applicant has studied; or by a notary public, depending upon whether the applicant qualified under section 520.3, 520.4, 520.5, or 520.6 of the Rules of the Court of Appeals, no later than the first day of the month in which the examination for which application has been made will be given. If a law school is not able to certify an applicant's handwriting, such applicant shall file a written confirmation of that fact from the school and a handwriting specimen certified by a notary public.

(d) Re-examination. Except as provided in the following sentence, an applicant for re-examination shall, at least 90 but not more than 120 days before the examination for which such applicant intends to apply, file an affidavit, on a form furnished or approved by the Board. An applicant who failed the immediately preceding administration of the examination shall file the prescribed affidavit and pay the required fee by the later of (i) the 90th day preceding the examination or (ii) the 21st day following the date of the Board's notification of failure to such applicant.

(e) Additional proofs. The Board in its discretion may order additional proofs to be filed, and may require an applicant to appear in person before it, or a member thereof, and be examined concerning the applicant's qualification to be admitted to the examination.

6000.3 Fees. (a) Payment of the fee for examination or re-examination, in the amount prescribed by section 465 of the Judiciary Law, shall be made by certified check, cashier's check, or money order, payable to "State Board of Law Examiners," at the time of application for examination or re-examination. An application shall not be considered to be filed unless the affidavit required by section 6000.2(a) or (d) of this Part and the payment required herein are postmarked no later than 90 days before the date of the examination for which such applicant intends to apply.

(b) If, after applying for examination or re-examination and paying the prescribed fee therefor, an applicant desires to withdraw such application, the applicant may do so upon notice to the Board in writing. If such notice is received in the office of the Board no later than the first day of the month in which the examination for which application has been made will be given the Board will credit the fee paid by such applicant for a period not to exceed three years. If written notification of withdrawal is not received by the foregoing date, the Board will consider the reason for withdrawal and lateness of notification and may, in its discretion, credit the fee paid by the applicant for good cause shown.

(c) No applicant will receive a credit on more than one occasion, and any applicant who withdraws from more than one examination will be required to pay a new fee, in the full amount, with each subsequent application.

(d) Payment of the fee for a certificate of educational compliance required of applicants for admission to the Bar on motion, in the amount prescribed by section 465 of the Judiciary Law, shall be made by certified check, cashier's check, or money order, payable to "State Board of Law Examiners," at the time application for such certificate is made.

(e) Applicants requesting the certification to any jurisdiction of an MBE score obtained prior to February 1996 shall pay a fee of $25 for each such transfer. Such fee shall be paid at the time of request by a certified check, cashier's check or money order, payable to "State Board of Law Examiners." If a request for transfer of a prior score is not made at least 60 days prior to the date of the examination for which the requestor is applying in the other jurisdiction, the Board cannot guarantee that the score will be transferred prior to the date of the other jurisdiction's examination.

(f) Any request for a duplicate original of the Board's letter notifying the applicant of successful completion of the bar examination and of certification to the Supreme Court, Appellate Division must be in the form of a letter containing the applicant's name, social security number, examination passed (month and year), and address to which the duplicate is to be sent, accompanied by a certified check, cashier's check, or money order in the amount of $10, payable to "State Board of Law Examiners."

6000.4 Examination accommodations for applicants with disabilities. (a) The bar examination is intended to test all qualified applicants for knowledge and skills relevant to the practice of law. Accordingly, it is the policy of the New York State Board of Law Examiners to provide accommodations in testing conditions during the administration of the examination to applicants with disabilities, to the extent such accommodations are timely requested, reasonable, consistent with the nature and purpose of the examination, and necessitated by the applicant's disability.

(b) The Board shall make available to applicants a Request for Test Accommodations Form and Guidelines for Documentation of a Disability to be utilized by candidates with disabilities in making requests for accommodation. If an applicant is requesting test accommodations, the completed form, together with all supporting documentation specified by such form and the Board's guidelines, shall be sent to the Board's Albany office located at New York State Board of Law Examiners, Building 3 - Corporate Plaza - 254 Washington Avenue Extension, Albany, NY 12203-5195. Requests for test accommodations should be filed as early in the application period as possible and shall, in any event, be postmarked no later than the general application deadline which is 90 days prior to the first day of the examination. Any requests for test accommodations which are not timely filed and/or not complete at the time of filing may be denied.

(c) If an applicant wishes to obtain a determination of eligibility for test accommodations prior to the application filing period, the Request for Test Accommodations Form is available upon request from the Board's Albany office. A complete Request for Test Accommodations Form together with all supporting documentation which complies with the Board's guidelines may be submitted up to six months prior to the examination for which the applicant seeks accommodation.

(d) The Request for Test Accommodations Form referred to in subsection (b) hereof shall require the applicant to describe with specificity the requested accommodation(s) and submit documentation prepared by a qualified professional which complies with the Board's guidelines for documentation of a disability and which states the nature of the applicant's disability, the causal relationship between such disability and the applicant's ability to take the bar examination without the requested accommodation(s) and the reasons the specific accommodations requested are required. The form shall also require documentation of prior test accommodations, if any, granted to the applicant by academic institutions, licensure authorities, or other test administrators.

(e) If the request for test accommodations is based upon a learning disability, Attention Deficit/Hyperactivity Disorder (ADHD), or other cognitive disability, the documentation may not be more than four years old. If the request for test accommodations is based upon any other type of disability, the documentation from the qualified professional may not be more than one year old. The documentation must be comprehensive and shall include all test protocols, the qualified professional's evaluation and observations, and shall otherwise comply with the Board's General Guidelines for Documentation of a Disability, Guidelines for Documentation of Learning Disabilities, and Guidelines for Documentation of Attention Deficit/Hyperactivity Disorder which are contained in the request for test accommodations packet.

(f) The Board reserves the right to have any request for accommodations, together with all documentation, evaluated by an expert in the field retained by the Board. The Board may, in its discretion, require the applicant to provide additional information relating to the disability and/or prior accommodations, and may also require that the applicant submit to examination by an expert designated by the Board in connection with the applicant's request for testing accommodations.

(g) The Board shall act upon any request for accommodations submitted in full compliance with the foregoing provisions of this section 6000.4, and shall notify the applicant of its determination no later than twenty (20) days prior to the date of the examination for which such accommodations are requested. If the requested test accommodations are denied in whole or in part, the Board's notification shall state the reason(s) for such denial.

(h) The applicant may forthwith appeal the notification of denial of the applicant's request for accommodations to the full Board pursuant to the provisions of Judiciary Law 460-b. Such an appeal shall be in the form of a verified petition setting forth the applicant's name, age and residence address, the facts relied upon and a prayer for relief. The appeal shall be accompanied by any further supporting documentation the applicant elects to provide in response to the Board's stated reason(s) for denial of the applicant's request, but may not set forth for consideration any new diagnosis or disability which was not discussed in the applicant's initial request for accommodations. Such appeal must be received at the Board's Albany office, New York State Board of Law Examiners, Building 3 - Corporate Plaza - 254 Washington Avenue Extension, Albany, NY 122035195, no later than 14 days from the date of the letter denying the applicant's request. The Board shall make a determination upon such appeal and shall notify the applicant of such determination.

(i) For purposes of this section 6000.4, the term "disability" shall mean a disability under the Americans with Disabilities Act of 1990 (ADA) and accompanying regulations which define a person with a disability as someone with a physical or mental impairment that substantially limits one or more major life activities. The term "applicants with disabilities" shall mean otherwise qualified candidates having such disabilities. The term "qualified professional" shall mean a licensed physician, psychiatrist or other health care provider who has comprehensive training in the field related to the applicant's disability. (Where the applicant is claiming a learning disability, ADHD, or other cognitive disorder, the following professionals would generally be considered qualified to provide an evaluation provided that they have additional training in the specific field and direct experience in working with an adult population: clinical or educational psychologists, school psychologists, neuropsychologists, psychiatrists, learning disabilities specialists, and medical doctors.)

(j) The Board may, in its discretion, delegate to any of its members, or to its Executive Director or Deputy Executive Director, all or any part of its duties and responsibilities under the foregoing provisions of this section 6000.4, other than its responsibilities under subsection (h) of this section in connection with the appeals pursuant to section 460-b of the New York State Judiciary Law.

6000.5 Assignment and certification of applicants. (a) Each applicant admitted to the examination shall be assigned to a test center designated for the judicial department in which, as shown by the papers filed by the applicant with the Board, the applicant resides or, if not a resident of the State, in which such papers show that the applicant is employed full time, or if such papers do not show that the applicant resides or is employed full-time in the State, to a test center in the Third Department.

(b) Every applicant who, after completing the examination, becomes a resident of the State or a full-time employee therein or who changes the place of residence or full-time employment in the State, shall immediately file written notice thereof with the Board.

(c) Every applicant who passes the examination will be certified to the Appellate Division of the department in which, as shown by the papers filed by the applicant with the Board, the applicant resides, or, if not a resident of the State, the applicant is employed full-time in the State. If such papers do not show that the applicant resides or is employed full-time in the State, the applicant shall be certified to the Appellate Division of the Third Department. Any written notification of a change of address as described in paragraph (b) of this section which would result in a change of department to which the applicant will be certified must be received at least two weeks prior to the release of the results of the examination to ensure that such change is made.

6000.6 Examination. (a)The Board shall hold examinations twice each year, on two consecutive days, being the last Tuesday and Wednesday, of February and July. The final total weighted scale score required to pass the bar examination is 665.

(b) The first day of each examination (the NewYork section) will consist of 50 multiple choice questions and five essay questions in substantive and procedural law, on the subjects listed in subsection (c) below, and the Multistate Performance Test (MPT). One 90-minute test item of the MPT, developed by the National Conference of Bar Examiners, will be given on each administration of the examination.

(c) The multiple choice and essay questions presented on the first day of the examination may test the following subjects:

(1) business relationships;
(2) conflict of laws;
(3) constitutional law (N.Y. and Federal);
(4) contracts;
(5) criminal law and procedure;
(6) evidence;
(7) family law;
(8) New York and federal civil jurisdiction and procedure;
(9) professional responsibility;
(10) real property;
(11) remedies;
(12) torts (including statutory no-fault provisions);
(13) trusts, wills and estates;
(14) UCC articles 2, 3 and 9.

(d) The Multistate Bar Examination (MBE) will be administered on the second day of the examination. The MBE consists of 200 multiple choice questions developed by the National Conference of Bar Examiners dealing with the following subjects:

(1) contracts;
(2) torts;
(3) constitutional law;
(4) criminal law;
(5) real property; and
(6) evidence.

(e) An applicant shall have the option to take the Multistate Bar Examination in another jurisdiction on the same day that such examination is given in New York, and the MBE scale score attained in such other jurisdiction will be combined with the applicant's scores on the New York section of the examination, in the same manner as if the applicant had taken the Multistate Bar Examination in New York. An applicant exercising this option shall notify the Board in writing of such exercise, at the same time that the application to take the New York State bar examination is filed.

(f) Every applicant must take both the New York section of the examination at the designated location in New York State and the MBE section, either in New York State or concurrently in another jurisdiction. No applicant will be admitted to the examination more than one half hour after the examination begins. Any applicant who is not present for the New York section will not be permitted to take the MBE in New York on the following day. Any examination papers submitted by an applicant who does not take the entire examination will not be graded.

6000.7 Automatic Regrading of Certain Examination Answers. (a) The essay answers for each applicant who receives a total weighted scale score of 655 to 664 following the initial grading of his or her bar examination shall be regraded by graders other than the initial graders. For each essay, the initial scale score and the scale score resulting from regrading shall be averaged to determine the applicant's final scale score for that essay. The applicant's scores shall then be recomputed to arrive at a final total weighted scale score.

(b) Each applicant who has received a final examination score below the required passing score may obtain one set of copies of his or her own answers to the essay questions by written request accompanied by a certified check, cashier's check, or money order, payable to the order of "State Board of Law Examiners," in the amount of $40, to the Board's office at Bldg. 3 Corporate Plaza, 254 Washington Ave. Extension, Albany, NY 12203-5195. Such request shall be made no later than 30 days after the Board's failure notice to the applicant.

(c) Failed applicants may also, in the same written request, order copies of the essay questions and the selected applicants' answers referred to in section 6000.8(a) of this Part for an additional $30, or $15 each for the questions only or the answers only. The fee for a total packet containing the failed applicant's essay answers, the essay questions, and selected applicants' answers is $70. All of the fees described in this subsection must be in the form of a certified check or money order, payable to "State Board of Law Examiners."

6000.8 Publication of Essay Questions and Selected Applicants' Answers. (a) No later than 60 days after the promulgation of the results of each bar examination, the Board shall release, to one or more newspapers of general circulation, copies of the essay questions that appeared on such examination and copies of selected applicants' answers to those essay questions. The answers shall be ones which received scores superior to the average scale score awarded for the relevant essay. Such answers, which shall be selected by the Board, shall be released in a format designed to protect the anonymity of the authors and shall not be released without the authors' consent.

(b) Sets of the essay questions and selected applicants' answers from the three most recent bar examinations will be available, upon written request accompanied by a certified check, cashier's check, or money order, payable to "State Board of Law Examiners," in the amount of $50, to the Board's office at Building 3 - Corporate Plaza - 254 Washington Avenue Extension, Albany, NY 12203-5195. These questions and answers shall also be published on the Board's website (www.nybarexam.org).

6000.9 Fraud, Dishonesty and Other Misconduct. (a) If it shall appear to the Board that there is credible evidence which would establish that an applicant has:

(1) either by omission or commission falsified the application or proofs required for admission to the bar examination or misrepresented the applicant’s eligibility to sit for the bar examination;

(2) either by omission or commission falsified the proofs required for admission to practice with or without examination;

(3) either by omission or commission falsified documentation submitted in support of a request for test accommodations under Rule 6000.4 or secured such documentation under false pretenses;

(4) brought unauthorized items or materials into the examination room or otherwise violated the Board’s examination security policy;

(5) broken the seal on the question book, opened the question booklet, or reviewed the questions in the question book prior to the announcement that the examination has begun, or otherwise violated any of the oral or written instructions given in connection with the administration of the bar examination;

(6) possessed in any manner, reviewed and/or utilized any unauthorized notes, books, recordings, electronically retrievable data or other unauthorized materials during the bar examination, or secreted such materials for such use;

(7) written or designated any answers to questions on the bar examination prior to the announcement of the beginning of the examination session or written or designated any answers or other information on an answer sheet or booklet after the announcement of the conclusion of the session;

(8) sought, obtained or used answers or information from or given answers or information to another applicant or any other person during the bar examination;

(9) removed any examination materials or notes made during the examination from the examination room;

(10) memorized questions for the purpose of reporting and/or reported the substance of questions to any person or entity engaged in, or affiliated with any person or entity engaged in, the preparation of applicants to take the bar examination or otherwise violated the copyright protection afforded to bar examination materials;

(11) engaged in fraud, dishonesty or other misconduct in connection with an application to or the administration of the Multistate Professional Responsibility Examination (MPRE) or to a bar examination of any other jurisdiction;

(12) sat for the bar examination without having a bona fide intention to seek admission to practice law in the State of New York; or

(13) compromised or disrupted the process for admission to or administration of the bar examination,

the Board shall serve written charges on such applicant by mail at the last address provided to the Board by the applicant, stating with particularity the facts upon which such charges are based. The applicant’s examination results shall be withheld pending the determination of the charges by the Board.

(b) The applicant, no later than 30 days after the service of charges shall cause to be delivered to the office of the Board a verified answer to such charges. Such answer shall identify with specificity the charges disputed by the applicant, who shall set forth any evidence which can be adduced by the applicant in contradiction of such charges. The applicant may include in such written answer a request that the Board hold a hearing.

(c) In the event such applicant does not submit a written and verified answer as provided in Subsection (b) the Board shall deem the facts set forth in the written charges to be true.

(d) In the event such applicant does not request a hearing, and the Board does not on its own motion determine to conduct a hearing, the Board shall make a determination based on the evidence submitted.

(e) If the applicant shall request a hearing, or if the Board, on its own motion, determines to conduct a hearing, the Board shall set a date for a hearing by the Board or by one or more members of the Board who shall make a report and recommendation to the full Board which shall render a written decision. Reasonable notice of the hearing shall be provided to the applicant.

(f) If the applicant shall be found guilty by reason of:

(1) applicant’s admission that such charges are true, in whole or in part; or

(2) applicant’s default in answering the written charges, in whole or in part; or

(3) determination of the Board, after a hearing, or where no hearing was conducted, after the Board’s review of the evidence submitted,

such determination shall be set forth in the Board’s written decision and one or more of the following penalties, and any other penalty which the Board may deem appropriate, may be imposed:

(i) forfeiture of all fees paid by such applicant;

(ii) nullification of the examination taken or the application made by such applicant;

(iii) disqualification of the applicant from taking the New York State Bar Examination or applying for admission on motion for a period not to exceed six years from the date of such admission or determination;

(iv) invalidation or striking of one or more answers of the examination taken by such applicant, or the reduction of applicant’s final score by one or more points;

(v) transmission of a written report of the matter to the Committee on Character and Fitness in New York State having jurisdiction of the applicant;

(vi) transmission of a written report of the matter to the bar admission authority and/or disciplinary authority in every jurisdiction of the United States and, where applicable, to any foreign jurisdiction deemed appropriate by the Board.

(g) The Board shall notify the applicant of its decision in writing as soon as practicable.

(h) The applicant shall be entitled to be represented and advised by counsel, at his or her own expense, at every stage of the proceeding. Any person who voluntarily appears or who is compelled to attend, and submit proof or testimony, at any hearing held pursuant to Subsection (e) of this Part shall be entitled to be represented and advised by counsel, at his or her own expense.

6000.10 Application for waiver of rules. The board, upon application and for good cause shown, may in its discretion vary the application of or waive any provision of these rules where strict compliance will cause unwarranted hardship to the applicant. Such application shall be in the form of a verified petition which shall set forth the applicant's name, age and residence address, the facts relied upon, and a prayer for relief.