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Regulations -
Edition
of 2006
ARTICLE
I. ORGANIZATION OF THE COMMITTEE
Art.
I-1. MEETINGS. The bar examining committee shall hold
regular meetings to determine and announce the results of the
bar examinations. Special meetings may be held upon reasonable
notice at such time and place to be fixed by the chairperson. In
the absence of the chairperson or in the event of his or her
inability to act, the time and place of any meeting may be set
by the administrative director or by any three members.
Art.
I-2. OFFICERS. The officers shall be a chairperson, a
vice-chairperson, a secretary and a treasurer. They shall be
elected annually at the last regular meeting in the calendar
year and shall hold office for one year and until their
successors shall be elected. Each officer shall perform the
duties customarily incident to the office.
Art.
I-3. EXAMINATIONS COMMITTEE. There shall be an
examinations committee for each examination, to be appointed by
the committee at the regular meeting next preceding each
examination, who shall have the duty, power and authority to
provide for the examination of candidates and superintend the
examination.
Art.
I-4. SUBCOMMITTEE ON NON-STANDARD TESTING. (a) There
shall be a subcommittee on non-standard testing for each
examination, which shall have the power to act for the
committee, to be appointed by the chair, which subcommittee
shall have the duty, power and authority to consider and act
upon all petitions for non-standard testing and to determine the
terms and conditions upon which non-standard testing will be
provided to applicants.
(b) Petitions for non-standard
testing shall be in writing on a form prescribed by the
committee and shall be filed, together with such attachments as
the committee may require, with the administrative director on
or before the filing deadline for applications for admission to
the bar. The subcommittee may, in its discretion, hold a hearing
on such petitions. The committee shall notify the applicant of
its decision in writing.
Art.
I-5. OTHER COMMITTEES. The chairperson may appoint
from time to time such other subcommittees as he or she may deem
desirable and, subject to the action of the committee, assign
their duties and functions.
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ARTICLE
II. LAW STUDY
Art.
II-1. Approved law schools shall be the following:
(A). Those law schools approved
or provisionally approved by the American Bar Association at the
time the applicant receives his or her law degree.
(B) Those law schools approved by
the Connecticut Bar Examining Committee in accordance with the
following requirements and with such policies and procedures
from time-to-time established by said Committee. In determining
whether a law school should be approved by the Committee under
this subparagraph, the Committee shall consider the following
standards, requirements and criteria:
(i) Whether the law school
seeking the approval of the Committee pursuant to this
subparagraph shall have previously sought the approval of the
American Bar Association, and if said approval has been denied
or otherwise withheld, the reasons stated by the American Bar
Association therefor.
(ii) Whether the law school is
licensed and approved by the state authority authorized by law
to license and approve educational institutions within a state
and to confer upon the law school the power and authority to
grant a bachelor of laws, a juris doctor or other equivalent
degrees within the state in which such law school is located.
(iii) Whether the law school
offers within its curriculum suitable courses in all of the
subjects set forth in Article V-1 hereof.
(iv) Whether the law school
offers within its curriculum as a mandatory requirement suitable
courses in legal ethics and professional responsibility
sufficient to enable students to comply with Article IV hereof.
(v) Whether the law school offers
suitable courses and training as a mandatory requirement in
legal skills, including, but not limited to, drafting of legal
instruments, pleadings, briefs and other legal documents, and
further, whether the curriculum contains a mandatory requirement
of courses and instruction in the law of civil and criminal
procedure and the law of evidence.
(vi) Whether and to what extent
the law school makes faculty appointments for each academic year
open to active, scholarly legal practitioners as adjunct faculty
without discrimination against such persons.
(vii) The law school shall also
furnish to the Committee appropriate statistical data concerning
the passing percentages of its graduates taking the bar
examination in the jurisdiction in which the law school is
located or in any other jurisdiction in which its graduates are
permitted to take the bar examination, said data to include the
three immediately preceding years.
(viii) The law school shall also
furnish to the Committee for its consideration information on
such other matters as the Committee shall deem as bearing upon
the ability of the law school to educate and prepare competent
lawyers for admission to the Connecticut bar.
(ix) The Committee will consider
only such applications made by law schools seeking approval as
hereinabove set forth. The Committee will not consider
applications for such approval on behalf of individual bar
applicants. The Committee will specify the manner and form of an
application to be filed by the law school, and the law school by
the filing of such application shall be deemed by the Committee
to have agreed to reimburse the Committee for all reasonable and
necessary expenses of the Committee in considering and acting
upon such application.
(x) No law school shall be
approved if that law school discriminates against any applicant
for admission or any applicant for a faculty position based upon
race, creed, religion, gender, sexual preference, country of
origin or disability.
Art. II-2. All applicants must
receive a law degree from an approved law school not less than
seven (7) days prior to the date of the examination for which
the applicant has filed his or her application and proof of
receipt of that degree must be received in the Office of the
Administrative Director not less than seven (7) days prior to
said examination.
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ARTICLE
III. APPLICATION TO TAKE THE EXAMINATION AND
FOR ADMISSION
Art.
III-1. The application to take the bar examination
and for admission to the bar (for which the official forms
obtainable from the administrative director must be used) shall
be filed between 01 April and 31 May for a July examination and
between 01 November and 31 December for a February examination,
together with the fee prescribed by Article IX (1).
Answers on the application must
be typewritten or prepared by electronic means and the
application must be used only for the examination for which it
is issued.
An application is considered
filed on the day it is RECEIVED, properly completed with the
appropriate fees paid, in the office of the administrative
director.
An applicant who fails to pass a
Connecticut bar examination shall be permitted to file, within
three weeks of the date the results of the examination are
released.
Art.
III-2. Incidental to an application for admission to
the bar by examination, each applicant shall be required to file
the following supporting documents as appropriate:
(A) Certified copies of driving
record and accident history.
(B) Certificates of good standing
from all courts (state and federal, except the U.S. Supreme
Court) before which the applicant is admitted to practice.
(C) A copy of each application
for admission to the bar and/or for admission to every bar
examination submitted by the applicant in any jurisdiction other
than Connecticut.
(D) Any other information
requested by the examining committee.
All supporting documents required
by this Article should be filed concurrently with the
application.
Art.
III-3. An applicant who withdraws his or her
application to take the bar examination at least 30 days prior
to the examination shall be entitled to a fee credit of $60.
Withdrawals for medical reasons accompanied by a doctor's
certificate shall be entitled to a fee credit of $60 if received
within ten days after the examination. Any fee credits to which
a withdrawing applicant may be entitled must be applied toward
either of the next two succeeding examinations. All withdrawals
must be in writing, addressed to the administrative director and
are effective on the date received by the administrative
director.
Art.
III-4. The administrative director shall make the
applications available to the chairperson of the standing
committee on recommendations in the appropriate county. The
administrative director shall give notice by publication in the
Connecticut Law Journal of the names of the applicants for the
examination. Unless a written objection to an applicant is
received by the appropriate standing committee on
recommendations or by the examining committee within 10 days of
publication, or the standing committee does not approve an
applicant, the report of the standing committee shall be
submitted to the county clerk without a meeting of the county
bar. In the event that an objection shall be made to any
applicant or the standing committee does not approve an
applicant there shall be a hearing by the standing committee
which shall make a special report on such applicant to be
presented to a meeting of the bar of the county at which meeting
said bar shall approve or disapprove such applicant.
Art.
III-5. The administrative director shall retain the
applications for not more than five (5) years and shall
thereafter transmit them to the state library for permanent
storage.
Art.
III-6. (a) No person who has been disbarred from the
practice of law in any jurisdiction, or who is a party to
pending disbarment proceedings in any jurisdiction, or who has
resigned from the bar pending disciplinary proceedings in any
jurisdiction may apply for admission to the Connecticut bar or
to sit for the Connecticut bar examination until he or she has
been readmitted to practice without condition or restriction in
the jurisdiction disbarring or accepting the resignation of such
person or until the pending disbarment proceedings have been
resolved in favor of the applicant.
(b) No person who has been
suspended from the practice of law in any jurisdiction may apply
for admission to the Connecticut bar or sit for the Connecticut
bar examination until the expiration of the period of suspension
in the jurisdiction imposing such suspension.
Art.
III-7. In lieu of a regular application, an applicant
who has filed a completed, regular application for the
immediately preceding bar examination may, in the discretion of
the Committee, file a supplemental application form together
with the prescribed fee.
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ARTICLE
IV. MULTISTATE PROFESSIONAL RESPONSIBILITY
EXAMINATION
Art. IV-1 All persons seeking
admission to the practice of law in Connecticut, whether by
examination or upon motion without examination shall, prior to
being recommended for admission to the bar, produce evidence of
satisfactory completion of the Multistate Professional
Responsibility Examination. The passing score on the Multistate
Professional Responsibility Examination shall be a scaled score
of eighty (80) and must be achieved within four years before or
after the date the applicant files his or her application for
admission to the Connecticut bar.
Art. IV-2 In lieu of the
Multistate Professional Responsibility Examination an applicant
may, prior to being recommended for admission to the bar, submit
evidence of satisfactory completion of a course in professional
responsibility/legal ethics offered by a law school approved by
the bar examining committee as part of its regular curriculum.
To be acceptable, the course must be completed with a grade of
either "C" or "Pass" within four years before or after the date
the applicant files his or her application for admission to the
Connecticut bar.
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ARTICLE
V. EXAMINATIONS
Art.
V-1. The Committee shall hold sessions semi-annually
for the examination in law of applicants for admission to the
bar. The examination shall be held at such place or places
within the State of Connecticut as the Committee may designate,
one commencing on the last Wednesday of February, and one
commencing on the last Wednesday of July, in each year. Such
examination shall last two days, with two sessions each day.
Art.
V-2. The examinations shall be in writing. Applicants
shall bring pencils and pens. Other writing materials will be
furnished. Special circumstances may, with the prior written
approval of the committee, warrant a waiver, in whole or in
part, of the requirements of this Art. V-2.
Art.
V-3. An applicant may be examined at the examination
next preceding his or her eighteenth birthday. If successful and
otherwise qualified, he or she shall be admitted to the bar only
upon attaining the age of eighteen.
Art.
V-4. The examination shall be composed of two parts
designated Part A and Part B.
Part A shall be of six-hours'
duration and shall be composed of twelve 30-minute sections to
be prepared under the direction of the examinations committee
and shall be based upon such of the following subjects as the
examinations committee shall determine:
1. Administrative law 2. Business
entities (including corporations, partnerships and sole
proprietorships) 3. Conflict of laws 4. Contracts 5. Criminal
law and procedure 6. Federal and state constitutional law 7.
Civil procedure 8. Evidence 9. Professional responsibility 10.
Property (real and personal, including future interests) 11.
Torts 12. Uniform Commercial Code 13. Wills, trusts and estates.
Part B shall consist of the
Multistate Bar Examination (MBE) which is that examination
offered to the several states by the National Conference of Bar
Examiners and designated by that organization as the Multistate
Bar Examination (MBE).
Art.
V-5. An applicant's raw score on Part A shall be the
sum of the scores on each of the 12 sections of Part A.
An applicant's Part A raw score
shall be converted to the same distribution as the scaled scores
on Part B by the Standard Deviation Method. Scaled scores shall
be used to assure that the standard used to measure competence
is not affected by the difficulty of the particular test or the
ability of the group of applicants sitting for a particular
examination.
Art.
V-6. The passing score on the examination shall be a
combined score of 264 on the Part B scale of scores.
An applicant's score on the
examination shall be the sum of his or her scaled score on Part
B and his or her converted score on Part A (as described in Art.
V-5).
An applicant's scaled MBE score
and converted score on Part A (as described in Art V-5) shall be
expressed to the nearest whole number.
Art.
V-7. An applicant may sit for Part B in another
jurisdiction as a part of the bar examination of that
jurisdiction and transfer that Part B score to Connecticut. The
committee will accept an applicant's concurrent Part B score or
the applicant's Part B score from any of the three
administrations of the MBE next preceding the administration
during which the applicant sits for Part A of the examination.
(A) An applicant who elects to
use a Part B score as limited above must have a certificate of
that Part B scaled score sent directly to the administrative
director by the other jurisdiction or the Director of Testing of
the National Conference of Bar Examiners on a form provided by
the administrative director.
(B) It shall be the applicant's
responsibility to ensure that the administrative director
receives the certified report of the Part B score in a timely
manner.
(C) An applicant's transferred
score on Part B shall be disclosed to him or her unless the
transferring jurisdiction directs otherwise.
(D) Scores on Part A are not
transferrable.
Art.
V-8. The committee shall meet at such time and place
as may be fixed by the chairperson to determine the results of
the examination and announce the names of the applicants
recommended for admission to the bar. The administrative
director shall certify to the clerk of the superior court for
each county the names of the applicants who are recommended for
admission to the bar and shall likewise notify the Office of the
Chief Court Administrator which shall notify the press. Such
certification shall expire after one hundred eighty (180) days.
Art.
V-9. Each applicant recommended for admission to the
bar shall (unless specially excused by the clerk of the superior
court) present himself or herself for admission as an attorney
at a session of the superior court to be held in the county in
which such applicant seeks admission or in such other place or
places, on such date and at such hour as shall be prescribed by
the committee.
Upon a showing of due excuse, the
clerk of the superior court may arrange for the presentation for
admission of an applicant at a session of the superior court to
be held at another time and place to be fixed by the clerk.
Art.
V-10. The administrative director shall notify each
applicant of his or her results on the examination. Notification
to an applicant who fails to pass the examination shall include
a statement of the applicant's scores on the examination and
such other examination information as the committee shall from
time to time determine.
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ARTICLE
VI. GUIDELINES FOR ASSESSMENT OF CHARACTER AND
FITNESS
Art.
VI-1. PURPOSE. The purpose of character and fitness
screening before admission to the bar is the protection of the
public and the system of justice. The public interest requires
that the public be secure in its expectation that those who are
admitted to the bar are, at the time of admission, worthy of the
trust and confidence clients may reasonably place in their
attorneys.
Art.
VI-2. STANDARD OF CHARACTER AND FITNESS. A lawyer
should be one whose record of conduct justifies the trust of
clients, adversaries, courts and others with respect to
professional duties owed to them. A record manifesting a
significant deficiency in the honesty, trustworthiness,
diligence or reliability of an applicant may constitute a basis
for denial of admission. Conduct that is merely socially
unacceptable or the physical disability of the applicant is not
relevant to character and fitness for law practice and will not
be considered.
Art.
VI-3. BURDEN OF PROOF. The applicant bears the burden
of proving his or her good moral character and fitness to
practice law by clear and convincing evidence.
Art.
VI-4. GOOD MORAL CHARACTER. The concept of "good
moral character" necessarily reflects the mores of the community
as well as an estimate of the individual. The determination of
present good moral character is made at the time of admission.
In considering good moral character the Committee will attempt
to view the applicant as a whole person and take into account
the applicant's entire life history rather than limit its view
to isolated events in his/her life. The Committee's inquiry into
an applicant's character and fitness emphasizes honesty,
fairness and respect for the rights of others and for the law in
general. There are no specific incidents, transgressions or
misconduct which will result in disqualification. However,
certain conduct indicates a lack of good moral character (See
Art. VI-11 below).
Art.
VI-5. PROCEDURES. a) The applicant shall be given the
opportunity to demonstrate present good moral character despite
particular past conduct.
b) When the Committee has
information weighing against a determination of good moral
character: i) The applicant shall be notified of the
information, and ii) The applicant shall be provided the
opportunity to submit such material as the applicant deems
appropriate. c) When an applicant's past conduct raises a
question as to his/her character and fitness, the Committee will
take into consideration the following: i) The number of
incident(s) (offenses); i.e. whether single, sporadic or
repeated; ii) The seriousness of the incident(s) (offenses) and
the degree of moral turpitude involved; iii) The time of
commission; e.g. whether recent or remote past; iv) The age of
the applicant at the time of the incident(s) (offenses); v) Any
mitigating circumstances; vi) The opinion of others about the
applicant's moral character; vii) Evidence of rehabilitation;
viii) Activities, jobs and civil service; ix) Any other
pertinent information; e.g. degree of remorse.
d) If the applicant establishes
present good moral character despite past conduct, the Committee
will certify the applicant.
e) i) If the Committee believes
there are matters which indicate a lack of good moral character,
the Committee shall or may, consistent with the rules of the
Superior Court, refer the file to the Standing Committee on
Recommendations for Admission to the Bar in the county in which
the applicant resides or, if the candidate is not a resident of
Connecticut, to such Standing Committee as the Committee shall
deem appropriate.
ii) The Standing Committee shall
review the file and shall notify the applicant by certified mail
if it determines that an investigative hearing is necessary. The
notice shall provide the date, time and location of the hearing
and shall state in detail the matters to be inquired into at the
hearing and shall advise the applicant that the hearing shall be
recorded and that he or she may be represented by counsel. The
Standing Committee shall report in writing to the Committee
whether it recommends the applicant.
iii) Upon receipt of the report
of the Standing Committee the Committee shall either adopt the
findings or hold a formal hearing on the application. If the
Committee determines that a formal hearing is necessary it shall
prepare written specifications which shall be sent to the
applicant by certified mail. The specifications shall provide
the date, time and location of the hearing and shall state in
detail the matters to be inquired into and the facts, which, if
proved, would form the basis of the committee's determination of
lack of good moral character. The specifications shall advise
the applicant that the hearing shall be recorded and that he or
she may be represented by counsel. However, an applicant may
request a waiver of a formal hearing if the applicant is in
agreement with the terms of the Committee’s recommendation of
admission with conditions as provided in Sections 2-9 and 2-11
of the rules of the Superior Court.
iv) The formal hearing shall be
conducted before a panel of the Committee consisting of at least
three (3) members appointed by the chairman which shall have the
power to act for the Committee. Following the conclusion of the
formal hearing, the panel shall make its findings of fact and
recommendation for or against the admission of the applicant.
The applicant shall be notified of the findings of fact and
recommendation. If the hearing is not completed within six
months of its commencement through no fault of the committee,
the application shall be deemed to be withdrawn by the
applicant. Said six month period may be extended by the
Committee upon good and sufficient cause shown by the applicant.
A request for an extension must be filed by the applicant not
less than thirty (30) days before the expiration of the six
month period.
v) Any applicant who is
dissatisfied with the Committee's recommendation concerning his
or her character and fitness may, within sixty (60) days after
notice of the Committee's recommendation, file with the
administrative director a petition for reconsideration. The
petition must contain new and additional material which the
Committee has not previously considered. Only one such petition
for reconsideration may be filed. Within 60 days of receipt of
the petition for reconsideration, the Committee shall make its
findings of fact and recommendation for or against the admission
of the applicant. The applicant shall be notified of the
findings of fact and recommendation.
Art.
VI-6. CONTINUING CRIMINAL ACTIONS. Factors such as
pending incarceration, probation, the restrictions of parole
still in effect or unfulfilled sentences, while not
determinative, will generally be considered to indicate that the
rehabilitation process has not been completed.
Art.
VI-7. CONDUCT IN VIOLATION OF THE RULES OF PROFESSIONAL CONDUCT.
Engaging in any conduct which would have subjected the applicant
to discipline if he/she had already been a member of the bar
will weigh strongly against a determination of good moral
character. Similarly, lack of good standing in a jurisdiction
where the applicant is (or was) admitted to the bar is
indicative of a lack of good moral character.
Art.
VI-8. CANDOR IN THE ADMISSION PROCESS. Lack of candor
in responding to questions posed on the application for
admission to the bar in Connecticut (or elsewhere) or otherwise
posed by the Committee or its staff may be independent grounds
for a finding of lack of good moral character notwithstanding
the fact that the underlying information would not, standing
alone, have been grounds for such a finding. The Committee
expects that all applicants will provide a complete and candid
response to its inquiries, whether on the application or as part
of a subsequent inquiry.
Art.
VI-9. MENTAL HEALTH INQUIRY. Questions regarding
psychiatric treatment are not intended to invade unnecessarily
the privacy of an applicant. Rather the Committee is concerned
with forms of serious mental illness or emotional disorder which
may impact adversely on an applicant's fitness to practice law.
Art.
VI-10. APPLICATION REVIEW. The Committee establishes
the following policies regarding review and approval of
applications for admission by examination:
a) Staff Review and Approval:
Clear record; minor traffic violations (no felonies or
misdemeanors); minor credit issues (no bankruptcy, judgment
defaults or large loans in collection); honorable discharge from
military; in good standing in each jurisdiction where admitted;
b) Committee review: All other
cases
Art.
VI-11. CONDUCT THAT CREATES A PRESUMPTION OF LACK OF GOOD MORAL
CHARACTER. The following conduct creates a
presumption of and may result, in the absence of evidence to the
contrary, in a finding of lack of good moral character:
i) Conviction of a felony ii)
Course of conduct evidencing disregard for the law and the
rights of others iii) Fraudulent conduct, which shall include,
but not be limited to plagiarism and other forms of academic
misconduct iv) False, misleading or incomplete disclosure on
application for admission to the bar in Connecticut or elsewhere
v) Significant financial problems evidencing fiscal
mismanagement vi) Suspension or disbarment in another
jurisdiction vii) Revocation or suspension of another license or
governmental authorization to conduct a profession, trade or
business viii) Substance abuse not under control
Art.
VI-12. REAPPLICATION AFTER DENIAL. An applicant who
is denied admission to the bar for lack of good moral character
shall not be permitted to reapply within two years of denial;
the denial may specify a longer period of time. An applicant so
denied shall be required to retake and pass the bar examination.
Art.
VI-13. TIME LIMITATION ON ADMISSION. Any person
recommended by the Committee, but not admitted to the bar within
five years of the date of such recommendation shall be required
to retake and pass the bar examination.
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ARTICLE
VII. ADMISSION ON MOTION OF ATTORNEYS OF OTHER
STATES
Art.
VII-1. The application for admission on motion under
Section 2-13 of the rules shall be made upon the official form
obtainable from the administrative director, which forms shall
be filed with the administrative director.
Art.
VII-2. Attached to said application for admission on
motion shall be official transcripts of undergraduate and legal
education sufficient to satisfy the committee that the
applicant's educational qualifications meet the requirements of
Section 2-13 of the Rules.
Art.
VII-3. Applicants for admission on motion shall
submit satisfactory proof of compliance with the professional
responsibility requirement sufficient to satisfy Article IV of
these regulations and Section 2-13 of the Rules.
Art.
VII-4. There shall be a subcommittee on applications
for admission to the Connecticut bar on motion pursuant to Rules
of Practice, Sec. 2-13, which subcommittee shall have the duty
and authority to consider and act upon all applications on
motion insofar as such applications require a determination as
to whether at least one jurisdiction of which the applicant is a
member of the bar would admit a member of the bar of the State
of Connecticut to its bar without examination under provisions
similar to those set forth in Rules of Practice, Sec. 2-13.
All applicants will be required
to satisfy the subcommittee as to compliance with Rules of
Practice, Sec. 2-13, as set forth above. Upon written request of
an applicant for such determination prior to requesting
application materials and paying the fee therefor, the
subcommittee shall make such investigation and inquiry as it
shall deem appropriate and shall advise such applicant in
writing thereof.
Any applicant dissatisfied with
the decision of the subcommittee may request a hearing by the
subcommittee for the purpose of setting forth other or
additional information relating thereto.
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ARTICLE
VIII. TIMELY FILING
Art.
VIII. Failure to file any required document in a
timely manner may result in a delay in or a denial of the
applicant's admission to the bar. Any application not completed
within one year of its filing shall be deemed to be withdrawn by
the applicant. This one year period may be extended by the
committee upon good cause shown by the applicant. Any request
for extension must be filed by the applicant not less than
thirty (30) days before the expiration of the one year period.
ARTICLE
IX. SCHEDULE OF FEES
Art. IX.
The following shall be the fees in connection with
applications for admission to the bar:
|
(1) Fee for admission by
examination for applicants:
(a) filing regular applications
(b) filing reapplication under Art.III-7
|
$450
$250 |
|
(2) Application
for admission without examination |
$1,000 |
|
(3)
Investigation under Sec. 2-8 (8) |
$50 |
|
(4) Copy of
prior examination questions |
$15 |
|
(5) Copy of
prior examination answers (includes questions) |
$25 |
|
(6) Copy of
applicant's application for admission by examination |
$10 |
|
(7) Transmittal
of applicant's MBE score to another jurisdiction |
$10 |
|
(8) Replacement
of examination scores and information |
$10 |
|
(9) Replacement
of admission certificate |
$20 |
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