Rule 14-706. Test accommodations.
(a) Disabilities and impairments. An Applicant who has mental, physical, or cognitive disabilities as defined by the Americans with Disabilities Act ("ADA") may request test accommodations. The request, including all supporting medical documentation, shall be made in writing at the time of application in the format prescribed by the Bar. The decision on such requests shall be made by the Test Accommodations Committee. Test accommodation requests received after the application filing deadline shall not be considered until the review period prior to the immediately following examination. The Applicant must demonstrate that:
(a)(1) she or he is disabled as defined by the ADA; and
(a)(2) the disability impacts her or his ability to take the Bar Examination; and
(a)(3) the accommodation requested is necessary to meet the limitation caused by the disability.
(b) English as a second language. English as a second language is not a cognitive disability or impairment.
(c) Petition for reconsideration and appeal procedure; accommodation requests. An Applicant must file a petition for reconsideration of the decision within ten calendar days of the date of the notice of the Test Accommodations Committee. The petition for reconsideration shall contain a short and plain statement of the reasons the Applicant is entitled to relief.
(c)(1) Burden of proof. The Applicant bears the burden of proving at the hearing by clear and convincing evidence each of the elements set forth above in (a)(1) through (a)(3);
(c)(2) Reconsideration hearing process. The review panel consisting of no fewer than three members of the Admissions Committee may consider only the documentation the Applicant submitted at the time she or he requested accommodation and the decision of the Test Accommodations Committee. The Applicant and the Test Accommodations Committee may present expert witnesses to support their respective positions. The name(s) of the expert(s) must be disclosed to the respective parties at least five calendar days before the hearing. Any attempt to change the original accommodation request or submit new medical documentation will be considered a new request for accommodation. The new request must be resubmitted to the Test Accommodations Committee for review and is subject to the time deadlines set forth in Rule 14-706(a).
(c)(3) Reconsideration decision. The review panel shall affirm the decision of the Test Accommodations Committee if there is substantial and credible evidence to support it. The Admissions Committee review panel shall issue a written decision 15 calendar days after the completion of its reconsideration. The review panel shall provide its written findings and recommendation to three members of the Board. The Board panel shall make a decision on behalf of the Bar and notify the petitioner in writing of its final decision.
(c)(4) Appeal process. Within 30 calendar days after the date of the Board's final decision, the Applicant may appeal to the Supreme Court by filing a notice of appeal with the clerk of the Supreme Court and serving a copy upon the General Counsel for the Bar. At the time of filing the notice of appeal, the Applicant shall pay the prescribed filing fee to the clerk of the Supreme Court. The clerk will not accept a notice of appeal unless the filing fee is paid.
(c)(5) Record of proceedings. A record of the proceedings shall be prepared by the Bar and shall be filed with the clerk of the Supreme Court within 21 calendar days following the filing of the notice of appeal.
(c)(6) Appeal petition. An appeal petition shall be filed with the Supreme Court within 30 calendar days after the record of proceedings has been filed. The appeal petition shall state the name of the petitioner and shall designate the Bar as respondent. The appeal petition must contain the following:
(c)(6)(A) a statement of the issues presented and the relief sought;
(c)(6)(B) a statement of the facts necessary to an understanding of the issues presented by the petitioner;
(c)(6)(C) the legal argument which the petitioner believes demonstrates that she or he has a disability under the ADA and qualifies for the specific accommodations requested; and
(c)(6)(D) a certificate reflecting service of the appeal petition upon the General Counsel.
(c)(7) Response petition. Within 30 calendar days after service of the appeal petition on the General Counsel, the Bar, as respondent, shall file its response with the clerk of the Supreme Court at the time of filing. Respondent shall serve a copy of the response upon the petitioner.
(c)(8) Format of appeal and response petitions. Except by permission of the Supreme Court, the appeal petition and the Bar's response petition shall not exceed 25 double-spaced pages, each. These documents shall be typewritten on 8 ½ inches by 11 inches paper. The text, including footnotes, shall be in type no smaller than ten characters per inch for monospaced typeface and 13-point or larger for proportionally spaced typeface. An original and six copies of the appeal petition and the response petition shall be filed with the clerk of the Supreme Court.
(c)(9) The clerk of the Supreme Court will notify the parties if any additional briefing or oral argument is required. Upon entry of the Court's decision, the clerk shall give notice of the decision.