Rule 30-2901-1.6 - Examination review procedure(a) Each individual who takes the examination for licensure as an optometrist and does not pass the examination shall be provided with copies of his/her examination scores upon notification or his/her failure of the examination. In addition, the failing candidate shall be provided with a copy of this regulation so that she/he will be fully advised of the review procedure.(b) If the failing candidate desires to see his/her failing criteria; she/he may make a written request for such information from the board. The board will see to it that contents of the examination are made available for the candidate's review for a period of up to 2 hours. The failing candidate will not be permitted to copy or reproduce anything, however, as the integrity of the examination must be preserved.(c) If a failing candidate desires to request a review by this board of his/her examination results, she/he must file a written request for review within ninety (90) days of the date of the notice of the failure of examination. The request must be in writing, sent by certified mail return receipt requested, and must be received in the office of the board on or before five (5) o'clock p.m. on the ninetieth (90) day.(d) The written request for review by the board must state with sufficient clarity the reasons why the applicant feels the results of the examination should be changed. If the board determines that the request does not adequately state the reasons for review, the board may either dismiss the review or request additional information from the candidate, and the board may extend the deadline mentioned above in order to permit elaboration by the candidate.(e) Upon receipt of the written request for review, the board may conduct a review of the examination results and the written request for review in a closed session. This closed session review by the board may be conducted at a time and place to be determined by the board in its complete discretion.(f) If the candidate requests, an informal conference will be scheduled by the board. The informal conference may occur in closed session at a regularly scheduled board meeting and may be attended by the individual board members attending the meeting, the board's legal counsel or a representative or the Attorney General's office, and the candidate. The candidate may choose to be represented by counsel, however, counsel for the candidate will not be permitted to engage in discussions with the board. Counsel for the candidate may advise the candidate, but any questions propounded by the board to the candidate are to be answered by the candidate. The candidate will be afforded the opportunity to discuss his or her examination results with the board, but the board will not be required to answer questions propounded by the candidate.(g) The burden will be on the candidate to show substantial cause why the results should be changed. The board will consider the following to be adequate reasons for modification of examination results:(1) A showing of significant procedural error in the examination process(2) Evidence of bias, prejudice, or discrimination in the examination process(3) Clearly erroneous grading(4) Other significant errors which result in substantial disadvantage to the candidate30 Miss. Code. R. 2901-1.6
Miss Code Ann § 73-19-9; § 73-19-153