310 CMR, § 50.61 - 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 why the 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.
Notes
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