Section 1399.661 - Oral Examination Appeals(a) All appeals from a failure of the oral examination and for reconsideration of the applicant's examination scores shall be received in writing at the Board's office in Sacramento within 45 days from the date on the notification of failure of the examination.(b) Such an appeal shall state the reasons for the appeal and shall be based upon one or more of the following grounds: (1) Significant procedural error in the examination process;(2) Evidence of adverse discrimination;(3) Evidence of substantial disadvantage to the examinee.(c) An examinee may review only one time the tape recording of his or her examination prior to filing an appeal or, in the alternative, an examinee who has filed an appeal and received an adverse decision from the board may review only one time the tape recording of his or her examination. Such a review shall take place in the board's office in Sacramento at a time designated by the executive officer. The examinee may be accompanied by his or her legal representative. Such review shall be no longer that three (3) hours in length. Neither the examinee nor his or her legal representative may take notes of the recorded examination.(d) The review of the oral examination shall be conducted by one or more board members, or the board's designee, and their findings shall be subject to the approval of the board in its discretion.(e) All oral examination materials shall be retained by the board at the board's office in Sacramento for a period of two (2) years after the date of the examination(f) Nothing in this section shall be construed to deprive an applicant of his or her rights of appeal as afforded by other provisions of law.Cal. Code Regs. Tit. 16, § 1399.661
1. New section filed 4-8-87; effective thirtieth day thereafter (Register 87, No. 15). For history of former section, see Register 83, No. 32 and 79, No. 49.
2. Editorial correction of subsection (c) (Register 95, No. 16). Note: Authority cited: Section 2470, Business and Professions Code. Reference: Sections 2480, 2486, 2487, Business and Professions Code; Section 12944, Government Code.
1. New section filed 4-8-87; effective thirtieth day thereafter (Register 87, No. 15). For history of former section, see Register 83, No. 32 and 79, No. 49.
2. Editorial correction of subsection (c) (Register 95, No. 16).