1. (a) An applicant who has failed the practical examination may appeal to the Board within sixty (60) days following receipt of his/her examination results. The bases for appeal are:

   1. (1) examiner misconduct, which means prejudice or bias as evidenced by the statements and/or actions of an examiner; and
   2. (2) significant procedural error in the examination process.
2. (b) The appeal shall be in writing and shall specify the grounds upon which the appeal is based.
3. (c) An applicant will be notified in writing of the results of the appeal. In acting on appeals, the Board may take such action as it deems appropriate.

Note: Authority cited: Section 2531.06, Business and Professions Code. Reference: Section 2538.25, Business and Professions Code.

History

1. New section filed 3-15-96; operative 4-14-96 (Register 96, No. 11).

2. Change without regulatory effect amending subsections (a) and (c) filed 6-11-2001 pursuant to section 100, title 1, California Code of Regulations (Register 2001, No. 24).

3. Change without regulatory effect amending section and Note filed 10-28-2015 pursuant to section 100, title 1, California Code of Regulations (Register 2015, No. 44).