Rule 10 Amended - 20130024

Admission to Practice R.

Rule 10. Review Procedures
A. Informal Interview

At any stage of the application proceedings, the Board may request the applicant to appear before it or a designated Board member to answer any questions.

B. Formal Hearing

1. If the Board makes a recommendation for conditional admission or licensure, a negative recommendation for admission to the bar or a negative decision on licensure for any reason, it shall so notify the applicant by certified mail directed to the applicant at the mailing address appearing on the applicant's application. The notice must specify the grounds for the recommendation or decision by the Board.

If a negative recommendation or decision is based on the grounds that the applicant has failed to pass the examination or the attorney's examination, upon written request, and payment of a reasonable copying fee, the applicant shall be provided copies of the appropriate point sheet or model analyses, prepared by or under the supervision of the National Conference of Bar Examiners, for that part of the applicant's examination. Any inspection and copying of the examination prepared and scored by or under the supervision of the National Conference of Bar Examiners will be as permitted by the guidelines and limitations prescribed by the National Conference of Bar Examiners or its designee.
a. If the Board provides for an independent duplicate grading procedure under the pass/fail policy, the Board will not regrade any exam~~; however, the Board may reconsider a score if there is an obvious flaw in the question or analysis or the overall administration of the examination was faulty~~.
2. Within 30 days after the mailing of ~~the~~ notification of a negative recommendation or a decision on licensure based on character and fitness grounds, or a recommendation for conditional admission or licensure, the applicant may demand a formal hearing by written petition directed to the Board. The applicant must identify the grounds upon which the petition is based. A negative recommendation based on the grading of the bar examination does not constitute grounds for a formal hearing, and any petition seeking a review on such basis shall be summarily dismissed by the Board.

3. At least 20 days before the hearing, the Board shall notify the applicant of the time and place of the hearing and shall inform the applicant of the applicant's right to be represented by counsel and to present any witnesses as the applicant may choose.

4. The hearing must be on the record and, at the discretion of the Board, may be held before the Board or a hearing examiner appointed by the Board to conduct the hearing. The Board shall set forth its findings of fact and its conclusions. If a hearing examiner is appointed to conduct the hearing, the findings and conclusions of the hearing examiner, to the extent that the Board adopts them, become the findings and conclusions of the Board.

5. The applicant has the burden of showing that the applicant should be admitted, with or without conditions, by a preponderance of the evidence.

6. The Board shall notify the applicant by certified mail of its findings of fact and its conclusions.

C. Supreme Court Consideration

1. An applicant who, after formal hearing, receives notice that the Board will recommend conditional admission or licensure, or has given a negative recommendation or decision on admission or licensure, may request review of that recommendation or decision by the Supreme Court. The request for review ~~may~~ shall be ~~requested~~ initiated by written petition directed to the Clerk. The petition must be filed within 30 days after the Board's mailing of the notice of the results of the formal hearing.

2. The Clerk, upon receipt of a petition, shall notify the Board to prepare and file with the Clerk of the Supreme Court the record and files, ~~including the transcript of the hearing,~~ its findings of fact, and its recommendation. The petitioner must order the transcript of the hearing and pay the costs of the transcript ~~of the hearing, if any, shall be the responsibility of the petitioner~~, and failure to timely do so under Rule 10 of the North Dakota Rules of Appellate Procedure shall result in dismissal of petitioner’s request for review by the Supreme Court.

3. To the extent appropriate, all proceedings before the Supreme Court must conform to the North Dakota Rules of Appellate Procedure. The Board shall participate in the briefing and oral argument before the Supreme Court.

4. The applicant has a burden of proof by a preponderance of the evidence.

[Amended effective August 9, 1999; March 1,1999; August 1, 2001; June 16, 2004; March 1, 2009; September 1, 2010; April 1, 2013.]