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

1. (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. (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. (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. (4) either by omission or commission falsified documentation submitted in support of a request for test accommodations under section 6000.7 of this Part or secured such documentation under false pretenses;
5. (5) brought any item or material prohibited by the board through the security checkpoint at the bar examination, or possessed any such item or material at any time after passing through the security checkpoint;
6. (6) reviewed and/or accessed, intentionally or inadvertently, any item or material, including any electronic document, prohibited by the board at any time after passing through the security checkpoint at the bar examination, or secreted any such item or material with the intent to review and/or use it;
7. (7) otherwise violated the board’s bar examination security policy, honor code or other written examination notice;
8. (8) 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 bar examination session has begun;
9. (9) written, typed or designated any answers to questions or other unauthorized information on any bar examination materials, answer sheet or booklet prior to the announcement that the bar examination session has begun;
10. (10) written, typed or designated any answers to questions or other information on any bar examination materials, answer sheet or booklet after the announcement of the conclusion of the bar examination session;
11. (11) entered the exam software prior to the instruction to do so or failed to exit the exam software when instructed to do so;
12. (12) 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;
13. (13) removed or attempted to remove any bar examination materials or notes made during the bar examination from the examination room;
14. (14) otherwise violated any of the oral or written instructions given in connection with the administration of the bar examination, the NYLC or the NYLE;
15. (15) used any means to speed up or advance any video segment of the NYLC or otherwise failed to view, at their normal speed, the entirety of the lectures in the NYLC, or viewed or attempted to view more than one video segment at the same time;
16. (16) memorized bar examination or NYLE 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 and/or the NYLE;
17. (17) copied or gave to another person any of the NYLC, NYLE or bar examination questions or answers, used any questions or answers of the NYLC, NYLE or bar examination provided to the applicant by another person in taking the NYLC, NYLE or the bar examination, or violated the copyright protection afforded to the NYLC, NYLC/NYLE course materials, the NYLE and/or the bar examination;
18. (18) during the administration of the NYLE, electronically searched the NYLC/NYLE course materials using a searchable version of the NYLC/NYLE course materials;
19. (19) engaged in fraud, dishonesty or other misconduct in connection with an application for, or the administration of, the Multistate Professional Responsibility Examination (MPRE) or a bar examination of any other jurisdiction;
20. (20) 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;
21. (21) compromised or disrupted the process for admission to or administration of the bar examination or the NYLE;
22. (22) violated the board’s civility policy; or
23. (23) 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.

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

1. (1) applicant’s admission that such charges are true, in whole or in part; or
2. (2) applicant’s default in answering the written charges, in whole or in part; or

3. (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:

   1. (i) forfeiture of all fees paid by such applicant;
   2. (ii) nullification of the bar examination, NYLC or NYLE taken, and/or nullification of the application made by such applicant to take the bar examination or NYLE;
   3. (iii) disqualification of the applicant from completing the NYLC or applying for the bar examination, 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;
   4. (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;
   5. (v) transmission of a copy of the board’s determination to the Appellate Division in New York State having jurisdiction over the applicant's application for admission to practice;
   6. (vi) transmission of a copy of the board’s determination 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;
   7. (vii) postponement of certification to the Appellate Division in New York State having jurisdiction over the applicant's application for admission to practice;
   8. (viii) denial of the applicant’s request to transfer an MBE score, earned in New York, to another jurisdiction.