Rule 15-501 NMRA
Rule 15-501. Examinations.
A. Necessity. As further specified for each method of licensure, all applicants are
required to pass, or demonstrate to the board’s satisfaction they have passed,
examinations that test an applicant’s (1) minimum competence to practice law, and (2)
understanding of and familiarity with the rules of professional conduct and legal ethics.
B. Location; timing. The board may designate places and times for examinations
described in Article 5 of these rules as it determines will be most convenient for all
parties concerned. Absent exigent circumstances, an applicant awaiting examination
shall be notified of the time and place of the exam at least ten (10) days before the
exam.
C. Question preparation. The board may use the services of examination writers
and examination administrators for preparation of examinations, either by arranging for
the drafting services of qualified persons, including law school professors, or by using
the services of the NCBE or any other appropriate state or national agency. Except for
NCBE materials, the board shall not permit use of any questions prepared by a person
who is affiliated with, teaches for, or has any interest in a bar exam review course or
who is in any way involved with assisting applicants with their exam preparation.
D. ADA accommodations. For examinations administered by the board, an
applicant may submit to the board a written request for reasonable testing
accommodations under the Americans with Disabilities Act, utilizing forms, policies, and
procedures as the board may promulgate. Requests for testing accommodations must
be reasonable, not unduly burdensome, consistent with the nature and purpose of the
examination, and necessitated by the applicant’s disability. The board may, in whole or
in part, grant, modify, or deny a request for accommodations.
(1)
Timing of request for accommodations. An applicant requesting testing
accommodations must submit to the board a request for accommodations using forms
prescribed by the board. An applicant’s request for accommodations must be (a) in the
manner described on the request form, and (b) submitted on or before the last
application deadline for the examination for which the request for accommodations is
being made.
(2)
Determination on request for accommodations. The board, or its
designee, shall determine whether a request for accommodation is complete, and shall
reject an incomplete request for accommodations. The board, or its designee, will
evaluate a complete, timely-submitted request for accommodations and shall notify the
requesting applicant of its determination no later than twenty (20) days before the date
of the examination for which the accommodations are requested.
(3)
Emergency request for accommodations. An applicant whose injury or
disability arose after the deadline may submit an emergency request for
accommodations along with a statement and supporting documentation explaining why
the request could not have been timely submitted. The board, or its designee, will
evaluate a complete emergency request for accommodations as soon as is practicable
after its submission, and will notify the requesting applicant as soon as it makes a
determination. The board shall deny an emergency request for accommodations which
is impractical or unreasonable within the time remaining before the examination begins.
While an applicant may seek hearing and subsequently appeal a decision on an
emergency request for accommodation, there may not be sufficient time to reasonably
complete those processes before the examination.
(4)
Hearing and appeal of decision on request for accommodations. An
applicant aggrieved by a decision on a request for accommodation may seek a hearing
and appeal as described in Rule 15-403(H) NMRA and Rule 15-404(C) NMRA.