N.Y. Comp. Codes R. & Regs. tit. 22 § 6000.13

Current through Register Vol. 46, No. 45, November 2, 2024

Section 6000.13 - 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, 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.

N.Y. Comp. Codes R. & Regs. Tit. 22 § 6000.13