D.C. Mun. Regs. tit. 6, r. 6-B3704
No qualifying examination may be administered unless it has been approved by the Commission as provided in this section.
Except as provided in section 3702.11, only applicants whom an initial review panel decides to interview in a final round interview may take the qualifying examination. If the Commission decides, pursuant to section 3701.5 of this Chapter, not to use an initial review panel, it shall decide, in its sole discretion, which applicants for a particular position shall be permitted to take the qualifying examination.
The Chief Administrative Law Judge shall propose questions, model answers and grading standards for each qualifying examination.
The Chief Administrative Law Judge shall submit each proposed version of the qualifying examination, including the questions, the model answers and the grading standards to the Commission for its approval. No examination may be used unless a majority of the voting members approves the questions, the model answers and the grading standards.
In preparing any version of a qualifying examination, the Chief Administrative Law Judge may seek assistance from law school faculty members, Administrative Law Judges or others with suitable knowledge and experience who will not be taking that version of the examination.
No version of the qualifying examination may be administered more than once.
No person who has assisted the Chief Administrative Law Judge in preparing a specific qualifying examination may sit for the examination for which he or she has provided such assistance.
Except as authorized by this Section 3704, no person shall reveal the contents of an examination to any other person before administration of that examination is completed.
The examination shall test analytical writing skills, case management skills, and legal reasoning skills.
The examination shall be graded on a pass/fail basis by members of an initial review panel appointed pursuant to sections 3701.7 - 3701.16 or by attorney graders approved by the Commission in the manner described in sections 3701.7 - 3701.16.
The examination shall be graded anonymously, and graders shall not seek or receive any information about the identity of a person who submits a particular examination before the grading process is complete. If any person provides or attempts to provide such information to a grader, the grader shall report it in writing to the Chairperson of the Commission and the Chief Administrative Law Judge.
Each grader shall grade each examination independently. For an examination to receive a passing grade, at least fifty percent (50%) of the assigned graders must award it a passing grade.
The examination shall be graded non-competitively, and neither the initial review panel nor the Commission shall use the examination to rank applicants in any way, other than to distinguish those who pass from those who fail.
The decision of the graders shall be final, and neither the Commission nor an initial review panel may review the graders' decision.
In forwarding applications to the Commission, the initial review panel shall inform the Commission only that an applicant has passed the examination, and shall give no other information about the applicant's performance on the examination.
Applicants will be informed whether or not they passed the examination, but neither the initial review panel nor the Commission shall disclose any other information about an applicant's performance on an examination.
All examination papers shall be destroyed one year after they are graded.
If an applicant receives a passing grade on any qualifying examination but is not appointed as an Administrative Law Judge, such applicant shall be deemed to have satisfied the requirement of section 3703.9 for any vacancy arising within three years of the date that he or she sat for the examination.
Whenever hearing officers will be eligible to be appointed as Administrative Law Judges pursuant to section 11(e) of the Act (D.C. Official Code § 2-1831.08(e)) , the Chief Administrative Law Judge shall use his or her best efforts to arrange for the administration of at least three qualifying examinations during the period between four (4) months before and eighteen (18) months after the date when the Office begins hearing cases from such officers' agency.
D.C. Mun. Regs. tit. 6, r. 6-B3704