Examination Administration, Passing Requirements and Reexamination Requirements

(1) General Examination Format. The content of the veterans' agent certification examination shall be determined by the Secretary and shall assess areas of knowledge in two parts: (a) Part One shall include veterans' benefits contained in M.G.L. c. 115, the regulations contained in 108 CMR, and the Directives issued by the Secretary, as well as federal and local benefits, including employment, education, health care, including treatment for a substance use disorder, retirement and other veterans' benefits, and alternative resources, including those partially or wholly subsidized by the federal government, such as Medicaid, Supplemental Security Income and Social Security Disability benefits and federal pension and compensation entitlements. (MA REG. # 1296, Dated 9-25-15) (b) Part Two of the examination may be satisfied by proof by the veterans' agent that he or she has taken and passed the Training Response Involvement and Preparation course (TRIP) offered through the VA and has been certified as a National Service Officer by a federally chartered national veterans' service organization. (c) The certification examination may be amended at the sole discretion of the Secretary to reflect the adoption of existing or new procedures, or adoption of other related regulations or laws from the date of enactment of such regulation or law. (2) Passage Requirements. Candidates shall obtain a grade of at least 70% on each part of the certification examination defined in 108 CMR 14.03(1) to become a certified veterans' agent. (3) Reexamination Requirements. Candidates who have failed both or only passed one part of an examination will have three months, from the score report date, to re-take and pass the part or parts that he or she failed. Candidates who have failed to pass an examination shall wait a minimum of 15 days to reschedule and sit for an exam. (4) Failure to Pass Certification Examination. Cities or towns employing candidates who have not successfully passed the examination after three attempts shall be considered not compliant with M.G.L. c. 115, §§ 3 and 6, and shall be subject to the reduction in reimbursement allowance as set forth in 108 CMR 14.05. (5) Recertification. Following the initial certification of the veterans' agent, the agent must be re-certified every three years pursuant to the requirements set out in 108 CMR 14.00. 14.04: Examination Review and Appeal (1) Procedure. (a) Any candidate who fails an examination may apply to the department in writing for an opportunity to review the examination. Requests for review of an examination will not be accepted more than 30 days from the score report date. (b) Candidates permitted to review an examination may be accompanied by an attorney or other representative while engaged in such review. Under no circumstances, however, will a veterans' agent who has not yet taken the examination be permitted to accompany the requesting candidate to the requested review. (c) The candidate will then have 30 days from the date of the examination review to submit an appeal of the content of the examination questions or items and to seek an adjustment or reversal of the failing score on any part of the certification examination. (2) Decision. The initial decision on the candidate's appeal shall be made within 30 days of the date of said appeal by the Director of Compliance of DVS and the General Counsel of DVS. (3) Further Appeal. The candidate may appeal the decision of the Director of Compliance and the General Counsel, within 30 days of the date of said decision, to the Secretary. The Secretary shall make all final decisions with respect to the content of examination questions and applicant scores. The decision of the Secretary shall be final.