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BOARD RULE 3. TEST ACCOMMODATIONS PURSUANT TO THE AMERICANS WITH DISABILITIES ACT

West's Annotated Code of MarylandMaryland Rules

West's Annotated Code of Maryland
Maryland Rules
Title 19. Attorneys
Chapter 200. Admission to the Bar
Rules of the Board
MD Rules Attorneys, Rule 3
BOARD RULE 3. TEST ACCOMMODATIONS PURSUANT TO THE AMERICANS WITH DISABILITIES ACT
(a) Policy. In accordance with the ADA, the Board shall provide test accommodations to an individual taking the bar examination or the attorney examination or the Maryland Law Component, to the extent that such accommodations are reasonable, consistent with the nature and purpose of the examination and necessitated by the applicant's disability.
(b) Requesting Test Accommodations. An individual shall apply for admission to the Bar of Maryland prior to or contemporaneously with requesting test accommodations. In order to request test accommodations, an individual shall file a completed Applicant's Accommodations Request Form along with the specified supporting documentation. The Applicant's Accommodations Request Form shall be filed not later than the deadline for filing a Notice of Intent to Take the UBE in Maryland pursuant to Rules 19-206 or 19-210.
(c) Review by Board.
(1) Initial Review for Timeliness and Sufficiency. The Board's staff shall conduct an initial review of a request for test accommodations. The Board's staff shall reject a request that is untimely unless applicant establishes that the untimeliness is substantially justified. The Board's staff shall reject a request that fails to adequately specify the test accommodations required, or if the supporting documentation is substantially incomplete or is otherwise substantially deficient. If the request is rejected, the Board's staff shall advise the applicant in writing of the deficiencies in the request and supporting documents and shall provide the applicant an opportunity to correct any deficiencies in the accommodation request before the filing deadline for the current examination or, if the current deadline has passed, before the filing deadline for the next administration of the examination.
(2) Board Determination. If there is uncertainty about whether the requested test accommodation is warranted pursuant to the ADA, the applicant's request and all supporting documentation may be referred to a qualified expert retained by the Board to review and analyze whether the applicant has documented a disability and requested a reasonable accommodation. Thereafter, a designated member of the Board shall determine whether test accommodations should be granted after examining the applicant's request and the report of the Board's expert. The Board's staff shall advise the applicant in writing whether the request for test accommodations is granted or denied in whole or in part.
(d) Appeal to the Accommodations Review Committee. If the Board denies a request for test accommodations in whole or in part, the applicant may file an appeal with the Accommodations Review Committee pursuant to Rule 19-208.

Credits

[Adopted June 6, 2016, eff. July 1, 2016. Amended Dec. 4, 2018, eff. March 1, 2019.]
MD R Attorneys, Rule 3, MD R ATTORNEYS Rule 3
Current with amendments received through May 1, 2024. Some sections may be more current, see credits for details.
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