Current through Register Vol. 46, No. 39, September 25, 2024
(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, the NYLC or the NYLE, or misrepresented the applicant's
eligibility to sit for the bar examination, the NYLC or the NYLE;
(2) either by omission or commission
falsified the application or proofs required for admission by transferred UBE
score, or misrepresented the applicant's eligibility to apply for admission by
transferred UBE score;
(3) either
by omission or commission falsified the proofs required for admission to
practice without examination or misrepresented the applicant's eligibility to
be admitted to practice without examination;
(4) either by omission or commission
falsified documentation submitted in support of a request for test
accommodations under section
6000.7 of this Part or secured
such documentation under false pretenses;
(5) brought any item or material prohibited
by the board's security policy through the security checkpoint at the bar
examination, or possessed any such item or material at any time after passing
through the security checkpoint;
(6) reviewed and/or accessed, intentionally
or inadvertently, any item or material, including any electronic document,
prohibited by the board's security policy at any time after passing through the
security checkpoint at the bar examination, or secreted any such item or
material with the intent to review and/or use it;
(7) otherwise violated the board's bar
examination security policy;
(8)
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 bar
examination session has begun;
(9)
written, typed or designated any answers to questions or other unauthorized
information on any bar examination materials, answer sheet or booklet prior to
the announcement that the bar examination session has begun;
(10) written, typed or designated any answers
to questions or other information on any bar examination materials, answer
sheet or booklet after the announcement of the conclusion of the bar
examination session;
(11) entered
the laptop exam software prior to the instruction to do so or failed to exit
the laptop exam software when instructed to do so;
(12) sought, obtained or used answers or
information from or given answers or information to another applicant or any
other person during the bar examination or the NYLE;
(13) removed or attempted to remove any bar
examination materials or notes made during the bar examination from the
examination room;
(14) otherwise
violated any of the oral or written instructions given in connection with the
administration of the bar examination, the NYLC or the NYLE;
(15) used any means to speed up or advance
any video segment of the NYLC or otherwise failed to view, at their normal
speed, the entirety of the lectures in the NYLC;
(16) memorized bar examination or NYLE
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
and/or the NYLE;
(17) copied or
gave to another person any of the NYLC, NYLE or bar examination questions or
answers, used any questions or answers of the NYLC, NYLE or bar examination
provided to the applicant by another person in taking the NYLC, NYLE or the bar
examination, or violated the copyright protection afforded to the NYLC,
NYLC/NYLE course materials, the NYLE and/or the bar examination;
(18) during the administration of the NYLE,
electronically searched the NYLC/NYLE course materials using a searchable
version of the NYLC/NYLE course materials;
(19) engaged in fraud, dishonesty or other
misconduct in connection with an application for, or the administration of, the
Multistate Professional Responsibility Examination (MPRE) or a bar examination
of any other jurisdiction;
(20) sat
for the bar examination or the NYLE without having a bona fide intention to
seek admission to practice law in the State of New York;
(21) compromised or disrupted the process for
admission to or administration of the bar examination or the NYLE;
(22) violated the board's civility policy;
or
(23) failed to cooperate in a
misconduct investigation made pursuant to this section, or made a false
statement in connection with a misconduct investigation; the applicant may be
charged with having engaged in fraud, dishonesty or other misconduct. The
applicant shall be served with written notice of such charges by regular mail
and email at the last address provided to the board by the applicant. The
charges shall state with particularity the facts upon which they are based. The
applicant's examination results shall be withheld pending the decision on 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 must indicate in such written answer whether a hearing
before the board is requested. Upon receipt of a verified answer the board
shall, upon request, disclose to the applicant the evidence in its possession
which forms the basis of the charge.
(c) In the event such applicant does not
submit a written and verified answer as provided in subdivision (b) of this
section 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 as provided in subdivision (b) of this
section the board may make a decision based on the evidence submitted, or may,
on its own motion, determine to conduct a hearing.
(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. Reasonable notice of the hearing shall be
provided to the applicant. The hearing shall be conducted by the board or by
one or more members of the board who shall make a recommendation to the full
board which shall render a decision. The board is not bound by the rules of
evidence.
(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) decision of the board, after a hearing,
or where no hearing was conducted, after the board's review of the evidence
submitted, the board shall issue a written determination of its decision in
which 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 bar examination, NYLC or NYLE taken, and/or nullification of the
application made by such applicant to take the bar examination or
NYLE;
(iii) disqualification of the
applicant from completing the NYLC or applying for the bar examination, the
NYLE, admission upon examination by transferred UBE score, and/or for admission
on motion for a period not to exceed six years from the date of such
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 Appellate Division in New York State having jurisdiction over the
applicant's application for admission to practice;
(vi) transmission of a written report of the
matter to the bar admission authority and/or disciplinary authority in any
jurisdiction of the United States and, where applicable, to any foreign
jurisdiction deemed appropriate by the board;
(vii) postponement of certification to the
Appellate Division in New York State having jurisdiction over the applicant's
application for admission to practice;
(viii) denial of the applicant's request to
transfer an MBE score, earned in New York, to another jurisdiction.
(g) If the applicant
shall be found not guilty, or if the board determines that the charges should
be dismissed, the applicant shall be notified in writing of the board's
decision and the board shall release the applicant's examination
results.
(h) The board shall serve
its determination on such applicant by regular mail and email at the last
address provided to the board by the applicant as soon as practicable. Any
determination is final and not subject to further review by the
board.
(i) 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 appears at a hearing held
pursuant to subdivision (e) of this section shall be entitled to be represented
and advised by counsel, at his or her own expense.
(j) The board, in its discretion, may hold in
abeyance any application submitted by an applicant to take the bar examination
or NYLE or for admission on motion or admission upon transferred UBE score
pending the outcome of a misconduct investigation and/or proceeding against
such applicant pursuant to this rule or in connection with the administration
of the bar examination in another jurisdiction.
