Young woman lawyer applying for Refund-PolicyRefund-Policy

Circumstances Where Refund-Policy Applies.

BarWrite receives very few requests for refunds. Our refund-policy applies in several different circumstances, They most commonly arise because the student has a family emergency

If a student cannot attend the class because he or she is deferring the bar exam until the next exam, the refund-policy is that we will be happy to change his or her enrollment to the corresponding class for the next bar exam. This sometimes happens when, for example, a student must withdraw from the current bar exam because of health problems or family issues.

On the other hand, if a student decides to withdraw before the class begins, our refund-policy is that we will refund the amount paid less a $150 administration fee. We are also happy to work with students to change the student’s enrollment to a three-payment plan or otherwise to make enrollment possible. This may, for example, involve attending missed classes during one of BarWrite’s other courses for the same exam.

In the unusual event that a student withdraws after the class begins, the refund-policy allows refunds as follows:

During or after Class 1: 2/3 refund
During or after Class 2: 1/4 refund
Later than Class 2: No refunds

A student must request a refund in writing. The subject line of the email must say: Refund Request.

There are no refunds without timely requests.

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Refund-Policy is Related to the Rules for Attendance and Withdrawal of the Board of Law Examiners

Following are the rules for attendance and withdrawal from the web site of the Board of Law Examiners. Rule 6000.9.

6000.9 Attendance and Withdrawal

(a) Attendance

(1) Applicant Must Attend All Sessions of the Examination to be Graded. In order for the examination to be graded, the applicant must attend both sessions of the first day of the bar examination at the designated location in New York State and both sessions of the MBE, either in New York State or concurrently in another jurisdiction. Any applicant who does not attend all four sessions will be deemed to have withdrawn from the examination and will not receive examination results.

(2) Early Departure. Except in extraordinary circumstances, applicants must remain in the examination room for the first 30 minutes of each session of the examination.

(3) Tardiness. No applicant will be admitted to the bar examination more than 30 minutes after the examination session begins.

(4) Absence. An applicant who fails to appear for one session of the examination shall not be admitted to any later session. Any applicant who is not present for both sessions of the first day of the examination will not be permitted to take the MBE in New York on the following day.

(b) Withdrawal from the Examination/Failure to Appear

(1) An applicant who will not appear for an examination shall notify the Board of the withdrawal prior to the examination either in writing or by using the withdrawal link provided by the Board on its website.

(2) An applicant will be deemed to have withdrawn from the examination if the applicant does not appear for all sessions of the examination, as required by subsection (a)(1) or if, having appeared for the examination, in the opinion of the Board upon review of the applicant’s examination papers and record of attendance, does not make a bona fide effort to pass the examination.

(3) An applicant who failed to appear for, has withdrawn from, or pursuant to subsection (b)(2) has been deemed to have withdrawn from, any two prior examinations must apply to the Board for permission before applying to sit for a subsequent examination.

(4) An application made pursuant to this subsection must be made by November 15 for a February examination and by April 15 for a July examination. Applications received after the application deadline will be considered for the next administration of the examination. Applications must be in the form of an affidavit which shall set forth the applicant’s name, age, residence address, email address, phone number, the facts which caused each prior instance of withdrawal or failure to appear, the facts which support the request to re-apply, and a prayer for relief. Where available, supporting documentation, such as medical documentation, police reports, death notices, letters from employers, etc., must be included. Relief under this subsection shall be granted in the sole discretion of the Board.

(5) The Board may, in its discretion, delegate to any of its members, or to its Executive Director, Deputy Executive Director or counsel, authorization to make determinations under this Section.

6000.10 Transfer of Scores

(a) Transfer of Multistate Bar Examination (MBE) Score

(1) Transfer of Concurrent MBE Score from Another Jurisdiction to New York. An applicant taking the bar examination in New York and a concurrent bar examination in another jurisdiction shall have the option to take the MBE in the other jurisdiction on the same day that such examination is given in New York, and the MBE scale score attained in such other jurisdiction will be combined with the applicant’s scores on the first day of the examination in the same manner as if the applicant had taken the MBE in New York. An applicant who elects to use an MBE score from another jurisdiction as hereby permitted shall notify the Board of such election at the time that the application to sit for New York State Bar Examination is filed, and shall make arrangements to have such score timely transferred to New York. To transfer a concurrent MBE score to New York from another jurisdiction the applicant must complete the MBE score transfer form available on the website of the National Conference of Bar Examiners (NCBE) and pay the prescribed NCBE score transfer fee, or, if the other jurisdiction transfers its own MBE scores, follow the procedures outlined by the other jurisdiction. The transferred MBE score must be received in the Board’s office no later than April 1 following a February examination, and no later than September 15 following a July examination. It shall be the applicant’s responsibility to ensure that the Board receives the report of the transferred MBE score in a timely manner. Failure to timely transfer an MBE score to the Board shall result in the nullification of an applicant’s bar examination scores.

(2) An applicant who does not take the MBE in New York but rather transfers an MBE score achieved in another jurisdiction to New York will not earn a UBE score that can be transferred to another jurisdiction.

(3) Transfer of MBE Score Earned in New York to Other Jurisdictions. An applicant taking the bar examination in New York may request the transfer of an MBE score earned in New York to another jurisdiction. An applicant requesting the transfer of an MBE score earned in New York to another jurisdiction must direct such request to the Board’s office on a form provided by the Board and pay the fee prescribed in Section 6000.14(c).

(b) Multistate Professional Responsibility Examination (MPRE) Score

(1) MPRE Score Reports to New York. All applicants who are seeking admission to the practice of law in New York State must take and pass the MPRE administered by NCBE prior to being certified by the Board to the Appellate Division. Applicants must designate New York as the jurisdiction to which the score should be reported or have an official score report sent to the Board by NCBE (see www.ncbex.org).

(2) MPRE Score Transfers to Other Jurisdictions. An applicant seeking admission to the practice of law in another jurisdiction may request that New York transfer a MPRE score from its archives to the other jurisdiction. To be eligible for transfer, the MPRE score must be no longer available through NCBE score report service, and the MPRE score must have been officially reported to New York by NCBE. An applicant requesting transfer of a MPRE score to another jurisdiction must direct such request to the Board’s office on a form provided by the Board and pay the fee prescribed in Section 6000.14(f).

(c) Transfer of Uniform Bar Examination (UBE) Score. Any applicant seeking to transfer a UBE score earned in New York to another UBE jurisdiction and any applicant seeking to transfer a UBE score earned in another jurisdiction to New York must complete the UBE score transfer request on the website of NCBE and pay the prescribed NCBE UBE score transfer fee.

6000.11 Automatic Regrading of Certain Examination Answers

The Multistate Essay Examination and Multistate Performance Test answers for each applicant who receives a total weighted scale score of 262 to 265 following the initial grading of his or her examination shall be regraded by graders other than the initial graders prior to the release of results. The applicant’s scores shall then be recomputed to arrive at a final UBE score. There is no appeal from a final score. The initial score prior to re-grading shall not be made available to the applicant.

6000.12 Publication and Release of Multistate Essay Examination (MEE) and Multistate Performance Test (MPT) Questions, Failed Candidate Answers and Selected Answers of Passing Applicants

(a) No later than 60 days after the release of the results of each bar examination, the Board shall post on its website copies of the MEE questions and a synopsis of the MPT items that appeared on such examination and copies of representative MEE and MPT answers of passing applicants. The representative answers of passing applicants shall be ones which received scores superior to the average scale score awarded for the relevant question. Such answers, which shall be selected by the Board, shall be released in a format designed to protect the anonymity of the authors.

(b) Each applicant who has received a final bar examination score below the required passing score may obtain one set of copies of his or her own answers to the MEE and MPT questions, the MEE questions, a synopsis of the MPT questions, and the selected applicants’ answers referred to in subsection (a) by written request accompanied by payment as prescribed in Section 6000.14(e). Such request shall be made no later than 60 days after the Board’s failure notice to the applicant.

6000.13 Fraud, Dishonesty and Other Misconduct

(a) If it shall appear to the Board that there is credible evidence which would establish that an applicant has:

(1) either by omission or commission falsified the application or proofs required for admission to the bar examination, the NYLC or the NYLE, or misrepresented the applicant’s eligibility to sit for the bar examination, the NYLC or the NYLE;

(2) either by omission or commission falsified the application or proofs required for admission by transferred UBE score, or misrepresented the applicant’s eligibility to apply for admission by transferred UBE score;

(3) either by omission or commission falsified the proofs required for admission to practice without examination or misrepresented the applicant’s eligibility to be admitted to practice without examination;

(4) either by omission or commission falsified documentation submitted in support of a request for test accommodations under Section 6000.7 or secured such documentation under false pretenses;

(5) brought any item or material prohibited by the Board’s security policy through the security checkpoint, or possessed any such item or material at any time after passing through the security checkpoint;

(6) reviewed and/or accessed, intentionally or inadvertently, any item or material prohibited by the Board’s security policy at any time after passing through the security checkpoint, or secreted any such item or material with the intent to review and/or use it;

(7) broken the seal on the question book, opened the question booklet, or reviewed the questions in the question book prior to the announcement that the examination session has begun;

(8) written, typed or designated any answers to questions or other unauthorized information on any examination materials, answer sheet or booklet prior to the announcement that the examination session has begun;

(9) written, typed or designated any answers to questions or other information on any examination materials, answer sheet or booklet after the announcement of the conclusion of the examination session;

(10) entered the laptop exam software prior to the instruction to do so or failed to exit the laptop exam software when instructed to do so;

(11) sought, obtained or used answers or information from or given answers or information to another applicant or any other person during the bar examination or the NYLE;

(12) removed or attempted to remove any examination materials or notes made during the examination from the examination room;

(13) otherwise violated any of the oral or written instructions given in connection with the administration of the bar examination or the NYLE;

(14) otherwise violated the Board’s examination security policy;

(15) memorized questions for the purpose of reporting and/or reported the substance of questions to any person or entity engaged in, or affiliated with any person or entity engaged in, the preparation of applicants to take the bar examination or otherwise violated the copyright protection afforded to bar examination materials;

(16) engaged in fraud, dishonesty or other misconduct in connection with an application to or the administration of the Multistate Professional Responsibility Examination (MPRE) or a bar examination of any other jurisdiction;

(17) sat for the bar examination or the NYLE without having a bona fide intention to seek admission to practice law in the State of New York;

(18) compromised or disrupted the process for admission to or administration of the bar examination or the NYLE;

(19) violated the Board’s civility policy; or

(20) failed to cooperate in a misconduct investigation made pursuant to this Section, or made a false statement in connection with a misconduct investigation

the applicant may be charged with having engaged in fraud, dishonesty or other misconduct. The applicant shall be served with written notice of such charges by regular mail and email at the last address provided to the Board by the applicant. The charges shall state with particularity the facts upon which they are based. The applicant’s examination results shall be withheld pending the decision on the charges by the Board.

(b) The applicant, no later than 30 days after the service of charges, shall cause to be delivered to the office of the Board a verified answer to such charges. Such answer shall identify with specificity the charges disputed by the applicant, who shall set forth any evidence which can be adduced by the applicant in contradiction of such charges. The applicant must indicate in such written answer whether a hearing before the Board is requested. Upon receipt of a verified answer the Board shall, upon request, disclose to the applicant the evidence in its possession which forms the basis of the charge.

(c) In the event such applicant does not submit a written and verified answer as provided in subsection (b) the Board shall deem the facts set forth in the written charges to be true.

(d) In the event such applicant does not request a hearing as provided in subsection (b) the Board may make a decision based on the evidence submitted, or may, on its own motion, determine to conduct a hearing.

(e) If the applicant shall request a hearing, or if the Board, on its own motion, determines to conduct a hearing, the Board shall set a date for a hearing. Reasonable notice of the hearing shall be provided to the applicant. The hearing shall be conducted by the Board or by one or more members of the Board who shall make a recommendation to the full Board which shall render a decision. The Board is not bound by the rules of evidence.

(f) If the applicant shall be found guilty by reason of:

(1) applicant’s admission that such charges are true, in whole or in part; or

(2) applicant’s default in answering the written charges, in whole or in part; or

(3) decision of the Board, after a hearing, or where no hearing was conducted, after the Board’s review of the evidence submitted,
the Board shall issue a written determination of its decision in which one or more of the following penalties, and any other penalty which the Board may deem appropriate, may be imposed:

(i) forfeiture of all fees paid by such applicant;

(ii) nullification of the bar examination or NYLE taken or the application made by such applicant;

(iii) disqualification of the applicant from applying for the New York State Bar Examination, the NYLC, the NYLE, admission upon examination by transferred UBE score, and/or for admission on motion for a period not to exceed six years from the date of such determination;

(iv) invalidation or striking of one or more answers of the examination taken by such applicant, or the reduction of applicant’s final score by one or more points;

(v) transmission of a written report of the matter to the Committee on Character and Fitness in New York State having jurisdiction of the applicant;

(vi) transmission of a written report of the matter to the bar admission authority and/or disciplinary authority in any jurisdiction of the United States and, where applicable, to any foreign jurisdiction deemed appropriate by the Board;

(vii) postponement of certification to the Committee on Character and Fitness in New York State having jurisdiction of the applicant;

(viii) denial of the applicant’s request to transfer an MBE score, earned in New York, to another jurisdiction.

(g) If the applicant shall be found not guilty, or if the Board determines that the charges should be dismissed, the applicant shall be notified in writing of the Board’s decision and the Board shall release the applicant’s examination results.

(h) The Board shall serve its determination on such applicant by regular mail and email at the last address provided to the Board by the applicant as soon as practicable. Any determination is final and not subject to further review by the Board.

(i) The applicant shall be entitled to be represented and advised by counsel, at his or her own expense, at every stage of the proceeding. Any person who appears at a hearing held pursuant to subsection (e) shall be entitled to be represented and advised by counsel, at his or her own expense.

6000.14 Schedule of Fees

(a) Examination Fee. The fee for application for admission to practice by examination or re-examination, including the application for admission to practice by examination using a transferred UBE score, is the amount prescribed by Section 465 of the Judiciary Law.

(b) Admission on Motion Fee. The fee for a certificate of educational compliance required of applicants for admission to practice without examination (i.e. admission on motion) is the amount prescribed by Section 465 of the Judiciary Law and shall be paid at the time application for such certificate is made.

(c) Fee to Transfer a Multistate Bar Examination (MBE) Score from New York to another Jurisdiction. The fee for a request to transfer an MBE score earned in New York to another jurisdiction is $50, and shall be paid when the form provided for that purpose is filed in accordance with Section 6000.10(a)(3).

(d) Fee for Duplicate Certification Notice. The fee for a request for a duplicate of the Board’s letter notifying the applicant of successful completion of the bar examination and of certification to the Appellate Division is $10. Such request shall be in the form of a letter containing the applicant’s name, Board identification number (BOLE ID), date of birth, bar examination passed (month and year), and address to which the duplicate is to be sent.

(e) Fee for Materials Available to Failed Applicants. The fee for a failed applicant to obtain copies of the applicant’s own MEE and MPT answers pursuant to Section 6000.12(b) is $40. The fee for a total packet containing the failed applicant’s MEE and MPT answers, the MEE questions and a synopsis of the MPT questions, and selected applicants’ MEE and MPT answers is $70.

(f) Fee to Transfer a Multistate Professional Responsibility Examination (MPRE) Score. The fee for a request to transfer an MPRE score to another jurisdiction is $50, and shall be paid when the form provided for that purpose is filed in accordance with Section 6000.10(b)(2).

(g) Form of payment. The fee for first time examination or re-examination, and the fee for application for admission by transferred UBE score, shall be made online by credit card or, if filing by mail, by certified check, cashier’s check, or money order, payable to “State Board of Law Examiners.” All other fees shall be made by certified check, cashier’s check, or money order, payable to “State Board of Law Examiners.”

6000.15 Application for Waiver of Rules

(a) Except as otherwise provided in this Section, the Board, upon application and for good cause shown, may in its discretion vary the application of or waive any provision of these Rules where strict compliance will cause unwarranted hardship to the applicant. Such application shall be in the form of a verified petition which shall set forth the applicant’s name, age and residence address, the facts relied upon, and a prayer for relief.

(b) The following Rules may not be waived: (1) the application and re-application for test accommodations filing deadlines contained in Section 6000.7; (2) the passing score for the UBE contained in Section 6000.3(a)(2); (3) the passing score for the NYLE contained in Section 6000.3(c)(4); (4) the passing score for the MPRE contained in Section 6000.3(d)(1); and (5) the withdrawal and failure to appear provisions in Section 6000.9.

(c) Any Rule of the Board, the substance of which is also contained in the Rules of the Court of Appeals, may be waived only by the Court of Appeals upon application to the Court pursuant to Court of Appeals Rule 520.14.

(d) The Board may, in its discretion, delegate to any of its members, or to its Executive Director, Deputy Executive Director or counsel, authorization to make determinations under this Section.

 

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