Complaints, Appeals and Challenges of Examination

PURPOSE: This rule establishes the procedures by which an examination candidate may make a complaint about the examination administration, appeal the examination content and/or make a challenge to the examination. (1) Examination Administration Complaints. (A) A candidate may file a complaint regarding the administration of the examination by sending a letter to the Missouri Board of Geologist Registration (MBGR), in which the candidate will describe the basis for the administrative complaint and will include pertinent information. The letter of complaint must be postmarked no later than thirty (30) business days after the date of the examination and must be sent via traceable mail with delivery-signature of receipt required (e.g., certified mail). (B) The MBGR through the executive director will investigate and determine the validity of the complaint and will respond to the candidate via traceable mail with delivery-signature of receipt required (e.g., certified mail). (2) Content Appeals. AND INSURANCE (A) A candidate may begin an appeal process of an examination by submitting a written request to the board office for one or more of the following: 1. The line-item results; 2. A manual regrade; and/or 3. To inspect his/her examination papers at the office of the MBGR during mutually convenient normal business hours. (B) Said request(s) must be postmarked no later than thirty (30) business days after receipt of the examination results and must be sent via traceable mail with delivery-signature of receipt required (e.g., certified mail). In making the request(s), the candidate must submit payment of the applicable processing fee(s) directly to the testing service. (C) At the time of inspection, no one other than the examinee and/or his/her attorney and a representative of the MBGR shall have access to the examination papers, and no material other than the examination papers may be taken into or out of the inspection room. The inspection shall not exceed four (4) hours, unless special accommodations are requested at least seven (7) business days prior to the inspection and are approved by the executive director. (3) Examination Challenges. (A) Within thirty (30) business days after receiving the requested appeal information and/or inspecting the examination papers, the candidate may issue a challenge by asking the MBGR to review a particular question(s). In making such a challenge, the candidate will describe the basis for the challenge and will include pertinent information. The letter of challenge must be sent to the board office via traceable mail with delivery-signature of receipt required (e.g., certified mail). (B) The MBGR with the executive director will investigate the challenge and will have a hearing at a mutually agreeable time to determine the validity of the challenge. The MBGR will hold the hearing and will respond to the candidate via traceable mail with delivery-signature of receipting (e.g., certified mail) the challenge within sixty (60) business days. (C) In making said challenge, the candidate agrees to abide by the decision of the MBGR. AUTHORITY: section 256.462, RSMo 2000.* This rule originally filed as 4 CSR 145-2.055. Original rule filed July 11, 2000, effective Jan. 30. 2001. Moved to 20 CSR 2145-2.055, effective Aug. 28, 2006. Amended: Filed Nov. 7, 2007, effective May 30, 2008. *Original authority: 256.462, RSMo 1994.