Rule IV. VIOLATION OF EXAMINATION RULES AND IRREGULARITIES

VIOLATION OF EXAMINATION RULES AND IRREGULARITIES

Section 1.

Violations

An applicant may be subject to sanctions ranging from public reprimand to disqualification,

if the applicant does any of the following:

(A)

Gives or receives aid in answering examination questions;

(B)

Begins working on an examination segment before time to begin has been called;

(C)

Continues working on an examination segment for any period of time after time to

stop has been called;

(D)

Brings prohibited materials into the examination hall;

(E)

Removes testing materials from the examination hall;

(F)

Otherwise violates any written or oral examination instructions.

Section 2.

Investigation by Board

(A)

Upon an allegation of a breach of examination rules or other examination

irregularity by an applicant, the Board of Bar Examiners shall provide the applicant an opportunity

to submit a written explanation. The Board shall review the allegations and the applicant’s written

response and take appropriate action, which may include referring the matter to the Board of

Commissioners on Character and Fitness or an evidentiary hearing pursuant to Section 3 of this

rule.

(B)

Actions taken by the Board shall require agreement by a majority of its members

and shall be final and not subject to appeal.

(C)

The investigation by the Board shall be confidential and not subject to subpoena.

Records of the investigation shall not be subject to public access pursuant to Sup.R. 44 through

47. However, a finding by the Board of irregularity or breach of examination rules shall be made

public.

Section 3.

Evidentiary hearing

(A)

If the Board of Bar Examiners refers a matter to an evidentiary hearing pursuant to

Section 2 of this rule, the Chair of the Board shall appoint a three-member panel consisting of

Board members to conduct the hearing, and the Office of Bar Admissions shall appoint an active

Ohio attorney to present the alleged violations or irregularities to the panel.

Section 3.

Evidentiary hearing

(A)

If the Board of Bar Examiners refers a matter to an evidentiary hearing pursuant to

Section 2 of this rule, the Chair of the Board shall appoint a three-member panel consisting of

Board members to conduct the hearing, and the Office of Bar Admissions shall appoint an active

Ohio attorney to present the alleged violations or irregularities to the panel.

(B)

The burden of proof in the evidentiary hearing shall be on the Office of Bar

Admissions to establish by clear and convincing evidence the applicant breached the examination

rules or engaged in other examination irregularity.

(C)

An applicant’s failure to provide requested information or to cooperate in the

proceedings before the panel may be grounds for disqualification of the applicant’s bar

examination.

(D)

A hearing before the panel may be waived upon agreement of the parties and the

panel, and the panel may proceed with its own investigation of the allegations and base its

recommendation on the results.

(E)

Following the evidentiary hearing, the panel shall issue a report and

recommendation to the full Board.