Procedures for Reviewing the Uniform Certification Examination

(1) If an applicant is denied certification because he or she fails to obtain a passing score on the uniform certification examination, the applicant may, within 21 days of the date of issuance of a notice containing the applicant's exam score, submit to the Department a written request to review his or her exam. If the Department does not receive the appellant's request within 21 days of the date of issuance of the Department's notice containing the applicant's exam score, the appellant shall be deemed to have waived his or her rights pursuant to 310 CMR 50.61. (2) If, after reviewing his or her exam, the applicant believes that it was scored incorrectly, he or she may, within 42 days of the date of issuance of a notice containing the applicant's exam score, submit to the Department a written request for an informal conference with the Department for purposes of reviewing the scoring. If the Department does not receive the appellant's request within 21 days of the date of issuance of the Department's notice containing the applicant's exam score, the appellant shall be deemed to have waived his or her rights pursuant to 310 CMR 50.61. The request shall state all reasons why the applicant believes that the scoring was incorrect. Such reasons shall be limited to the following: (a) the score is incorrect due to a mistake in arithmetic. (b) the score is incorrect because an answer deemed incorrect is, in fact, correct. (c) the score is incorrect because question(s) deemed to have been answered incorrectly do not test whether the applicant possesses the skills required by 310 CMR 50.51. (3) If a request pursuant to 310 CMR 50.61 is based on 310 CMR 50.61(2)(c), the request shall identify the specific questions being challenged and state reasons whythe applicant believes that each question does not test whether the applicant possesses the skills required by 310 CMR 50.51. (4) If the Department believes that the applicant's examination was scored incorrectly, the Department shall either recalculate the applicant's score, or require the applicant to answer a substitute question, as the Department deems appropriate. (5) A request pursuant to 310 CMR 50.61 shall not constitute a request for an adjudicatory hearing pursuant to 310 CMR 50.60, and the Department's determination pursuant to 310 CMR 50.61 shall not be appealable pursuant to M.G.L. c. 30A or 310 CMR 50.60.