Opinion
No. 89,187
June 5, 1997
Original Proceeding — Rules of the Supreme Court Relating to Admissions to the Bar.
Mary M. Piccard, Chair; Kathryn E. Ressel, Executive Director and Thomas A. Pobjecky, General Counsel, Florida Board of Bar Examiners, Tallahassee, Florida, for Petitioner.
Gerald T. Bennett, Holland Law Center, University of Florida College of Law, Gainesville, Florida, Responding with comments.
The Florida Board of Bar Examiners petitions this Court to consider amendments to the Rules Relating to Admissions to the Bar. We have jurisdiction pursuant to article V, section 15 of the Florida Constitution. We approve the proposed amendments as set forth in the attached appendix.
The Board seeks approval of the following administrative changes related to reorganization of the rules: to rename the rules "Rules of Admission to The Florida Bar"; to replace the current configuration of seven articles with five rules; and to eliminate current separate articles on Registration of Law Students (Article II) and Schedule of Fees (Article V) and incorporate these provisions into the appropriate provisions of the proposed rules. The Board also seeks approval of a number of substantive changes and deletions, some of which are discussed in detail below.
A notice of the proposed rule changes was published in The Florida Bar News on November 15, 1996. The proposed rules were placed on the Court's Internet location. The deadlines for comments to be filed with the Court was December 16, 1996.
The only comment was filed by Bar member Gerald T. Bennett, who asserts that the rules relating to formal hearings and appeals from decisions of the Board do not provide applicants with adequate due process protections and do not provide this Court with a sufficient record on which to review the Board's action. Specifically, Bennett argues that proposed rules 3-23 and 3-23.1 are deficient in the following ways: they do not limit the evidence that the Board may consider in assessing the fitness of an applicant to evidence produced at the formal hearing; do not specify what must be contained in "Specifications" filed against an applicant; do not provide for prehearing discovery; and do not guarantee an applicant the right to be heard or be present at the formal hearing or to be represented by counsel.
While the rules may not speak directly to these procedural safeguards specified by Bennett, we note that applicants are afforded these due process rights. See Florida Bd. of Bar Exam'rs re Article I, Section 14, 581 So.2d 895, 897 (Fla. 1991) (recommendation that applicant's admission be denied can only be based on record evidence produced at formal adversary hearing held in response to filing of specifications; applicant is entitled to representation by counsel, cross-examination of witnesses, presentation of witnesses and evidence on applicant's behalf, access to Board's subpoena powers, timely release of witness and exhibit lists by board attorney, disclosure of any exculpatory information in Board's possession, and disclosure of any prior statement of individual appearing on Board's witness list). Moreover, every set of specifications served upon a Bar applicant includes an attachment entitled "Procedures for formal hearings before the Florida Board of Bar Examiners," which describes in detail the rights of an applicant appearing for a formal hearing. These rights include all of the procedural safeguards noted by Bennett. Thus, we find that Bennett's concerns are addressed in practice. However, we ask the Board to review the matter at its next policy session to determine whether some reference to its formal hearing procedures should be incorporated in the rules.
Bennett also requests that the administrative fee assessed for formal hearings be refunded to the applicant if the specifications are found to be unsubstantiated. We find such a refund to be unwarranted. The Board does not proceed haphazardly to a formal hearing. Before specifications are filed against an applicant, the Board conducts a thorough investigation and holds an informal hearing. The Board only conducts a formal hearing in those cases where the applicant's fitness and character are in question. The administrative fee paid by the applicant represents only a portion of the actual cost of conducting a formal hearing.See Florida Bd. of Bar Exam'rs re Amendments, 676 So.2d 372, 381 (Fla. 1996). This Court approved the administrative fee in 1996 in response to the burgeoning number of formal hearings — more than a 100 percent increase in a five-year period — and the costs associated with that increase. Id. at 391-92. Thus, the Board's expenditures are more fairly apportioned to those applicants whose background investigations have induced the increased costs. Even where an applicant is admitted to the Bar after the formal hearing due to mitigating circumstances or proof of rehabilitation, the formal hearing was still necessary and the associated costs have already been incurred. Thus, we will not authorize a refund of the administrative fee.
Bennett also expresses concerns about proposed rule 3-40, which addresses appeals to this Court from a decision of the Board. Bennett contends that the Board considers evidence other than that submitted at the formal hearing, resulting in an inadequate record on appeal. However, as discussed above, only evidence produced at the formal hearing may be considered by the Board in rendering its decision. See Florida Bd. of Bar Exam'rs, 581 So.2d at 897. Thus, there is no inadequacy in the record before this Court on appeal.
The Board has also petitioned to implement the following substantive changes that do not merit detailed discussion: rule 1-13 (affirms the Court's exclusive jurisdiction over Bar admission rules; states current practice that petition must be filed with Court regarding any proposed amendment to rules); rule 1-16 (conforms the rules to Board's current practice of making recommendations to the Court following each Board meeting); rule 1-34 (clarifies restrictions placed upon Board members during their tenure); rule 1-52 (deletes reference to Office of Auditor General as one of two sources for audit of Board's books of account; audit has historically been performed by certified public accountant); rule 1-63.1 (permits Board, upon request, to confirm that particular individual is Bar applicant and date of admission of an attorney); rule 2-11.2 (replaces "contracts" for"corporate charters" as samples to be included in applicant's representative compilation of work product (RCOWP)); rule 2-11.2(a) (changes deadline for filing RCOWP from ninety days prior to administration of general bar examination to the filing deadline for the examination; RCOWP must be filed complete with all supplemental information by this deadline to be considered timely filed); rule 2-11.2(b) (deletes former requirement that applicant filing RCOWP must show "high character" as that is best determined by Board's background investigation; instead requires that applicant have "reputation for professional competency above reproach"; specifies items that must be submitted to confirm compliance with this requirement); rule 2-13.5 (deletes prohibition against person previously found unqualified for admission by the Board to make application for general bar examination; this is consistent with policy of sequential admission by which decisions related to character and fitness are separated from submission to examination); rule 2-14 (streamlines procedure by which applicants can seek readmission after previously being refused favorable recommendation by Board; after designated disqualification period, applicant can file reapplication directly with Board without petitioning the Court); rule 2-24 (provides that applicants may deduct the amount paid for application forms from any application fee paid within one year from the form fee payment, provided that the deduction is taken at the time of the application fee; otherwise the Board will not issue a separate refund); rule 2-26.5 (clarifies the manner in which fees are determined); rule 3-11(g) (changes current language that the "neglect of financial responsibilities" is disqualifying conduct to provide that "financial irresponsibility" is disqualifying conduct); rule 3-14.1 (details what items constitute a complete bar application; deletes requirement that naturalized citizens whose name was changed at naturalization provide satisfactory evidence of naturalization and name change); rule 3-14.4 (clarifies that amendment to application is timely filed if filed within thirty days of occurrence being reported); rule 3-14.6(b) (formally codifies Board's long-standing practice to cancel registration of any registrant who fails to respond to Board inquiries within 120 days); rule 3-17.3 (clarifies when additional $125 fee will be assessed against registrant for extraordinary expenses incurred by Board in conducting background investigation); rule 3-23 (codifies Board's long-standing practice of requiring sworn answer to specifications); rule 3-23.2 (codifies Board's policy that admissibility of polygraph examination results shall be in accordance with Florida law); rule 3-23.6 (details the options available to the Board following a formal hearing; deletes provision whereby Board could petition Court to extend investigation for up to one year after formal hearing as this option is fully covered by rule 3-23.6(c)); rule 3-40.2 (notifies applicants of right to seek redress in Supreme Court if Board has not concluded its investigation within nine months of submission of completed application; added in response to recommendation by the Bench/Bar Commission); rule 4-16.1 (requires Board to produce a study guide to assist applicants in preparing for Part A of general bar examination; guide will include copies of sample answers to past essay questions and copies of past multiple-choice questions); rule 4-17 (notifies applicants of availability of special testing accommodations, what action they must take to request such accommodations, and the deadlines for such requests); rule 4-18.2 (provides that applicant's successful completion of bar examination shall remain valid for five-year period calculated from "date of examination" rather than "date of notice of successful completion of examination"; new date will be easier to administer as it involves single, fixed date; permits Board to waive five-year re-examination requirement for "good cause" shown by applicant); rule 4-25 (replaces current descriptions of two methods of submission to bar examination with descriptive phrases "Overall Method" and "Individual Method"); rule 4-42.3 (notifies applicants seeking special testing accommodations that such requests and the filing of supporting documentation are subject to standard examination filing deadlines); rule 4-42.4 (due to increasing number of requests for special testing accommodations, establishes February 1 and July 1 deadlines after which such requests will not be considered); rule 4-64 (provides that examination results will be invalidated if applicant fails to establish that law school graduation requirements were completed prior to submitting to the examination; current rule provides for the impoundment of the examination grades of such applicants while revised rule would allow applicants to be advised of their scores); and rule 5-13.2 (codifies Court-approved fee for Certificate of Admission to be printed and engraved with applicant's name and Oath of Attorney suitable for framing). Consistent with these substantive changes and the reorganization of the rules, the Board has also petitioned to delete several sections of the current rules.
Having reviewed the Board's petition and the proposed amendments, we hereby amend and adopt the rules as reflected in the appendix to this opinion. However, we do not amend the name of the rules as the Board requested. The rules shall continue to be entitled "Rules of the Supreme Court Relating to Admissions to the Bar." Underscoring indicates new language; strike-through type indicates deletions. These rules shall take effect upon the release of this opinion.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur. ARTICLE I. FLORIDA BOARD OF BAR EXAMINERS RULE 1. GENERAL 1-10 Authority and Mission Section 1. 1-11 Introduction. fn All individuals who seek the privilege of practicing law in the State of Florida shall submit to the Florida Bar Examination. fn 1-12 Florida Board of Bar Examiners. fn The Florida Board of Bar Examiners is an administrative arm of the Supreme Court of Florida created by the Court to handle matters relating to bar admission. fn 1-13 Rules fn . The Rules of Admission to The Florida Bar are reviewed, approved and promulgated by the Supreme Court of Florida. Modifications to the Rules require the filing of a petition with the Supreme Court of Florida and subsequent order by the Court. fn 1-14 Background Investigations fn 1-14.1 Purpose. fn The primary purpose of the character and fitness screening before admission to The Florida Bar are to protect the public and safeguard the judicial system. fn 1-14.2 Responsibility fn The Board shall ensure that each applicant has met the requirements of the Rules with regard to character and fitness, education and technical competence prior to recommending an applicant for admission. fn 1-15 Bar Examination fn 1-15.1 Purpose fn . The primary purpose of the bar examination is to ensure that all who are admitted to The Florida Bar have demonstrated minimum technical competence. fn 1-15.2 Responsibility fn . The Board shall be responsible for the preparation, grading and conducting of written examinations, and members thereof shall be willing and available to discuss with applicants general problems regarding the purposes, policies, and procedures of the examination. fn 1-16 Admission Recommendations. fn Following each of its meetings, the Board shall recommend the admission of every applicant who has complied with all the requirements of the applicable rules, who has attained passing scores on the examination, and who has demonstrated the requisite character and fitness of an applicant for admission. fn 1-20 Florida Board of Bar Examiners fn Section 2. fn 1-21 Membership fn There is hereby created a fn The fn consisting fn consists fn nonlawyer fn who are not lawyers fn a. Attorney Members of the Board. fn As the terms of the attorney members expire, all appointments shall be for no more than five years, and any vacancy occurring during any term shall be filled by appointment. No attorney appointed by the Court as a result of a vacancy occurring during a term shall be appointed for more than five years, and the term of all such appointments shall be extended to October 31 of the last year of such term. fn 1-22 Attorney Members fn 1-22.1 Qualifications. fn Attorney members shall be practicing attorneys with scholarly attainments and an affirmative interest in legal education and the requirements for admission to the Bar. Attorney members shall have been members of The Florida Bar for at least five years. fn 1-22.2 Appointments. fn The Board of Governors of The Florida Bar shall submit to the Court not less than ninety days prior to the expiration of the term of any attorney member of the Board, and in case of a vacancy, within ninety days thereafter, a group of three recommended appointees. fn 1-22.3 Term of Service fn . Appointments shall be for no more than five years and the term of all such appointments shall be extended to October 31 of the last year of such term. Any vacancy occurring during any term shall be filled by appointment. No attorney appointed by the Court as a result of a vacancy occurring during a term shall be appointed for more than five years. fn b. Public Members of the Board. fn All appointments of public members shall be for no more than three years, and any vacancy occurring during any term shall be filled by appointment. No public member appointed by the Court as a result of a vacancy occurring during a term shall be appointed for more than three years, and the term of all such appointments shall be extended to October 31 of the last year of such term. fn 1-23 Public Members fn 1-23.1 Qualifications. fn Public members shall not be lawyers and shall have an academic Bachelor's Degree. It is desirable that public members possess educational or work-related experience of value to the Board such as educational testing, accounting, statistical analysis, medicine, psychology, or related sciences. fn 1-23.2 Appointments fn . A joint committee composed of three members of the Board and three members of the Board of Governors of The Florida Bar shall submit to the Court not less than ninety days prior to the expiration of the term of any public member of the Board, and in the case of a vacancy, within ninety days thereafter, a group of three recommended appointees. fn 1-23.3 Term of Service. fn Appointments shall be for no more than three years and the term of all such appointments shall be extended to October 31 of the last year of such term. Any vacancy occurring during any term shall be filled by appointment. No public member appointed by the Court as a result of a vacancy occurring during a term shall be appointed for more than three years. fn c. Board Members Emeritus. fn Following the completion of their terms, members of the Board shall be designated as Board Members Emeritus. To assist the Board in fulfilling its investigative and adjudicatory functions, a Board Member Emeritus is authorized to participate as a member of an investigative or formal hearing panel as provided by Article III, Sections 3.a. and f. A majority of the members of a formal hearing panel shall consist of current members of the Board. At least one member of an investigative hearing panel shall be a current member of the Board. All recommendations of investigative hearing panels must be approved by a quorum of the current Board. To be eligible to serve on a hearing panel, a Board Member Emeritus shall be in compliance with the provisions of Article I, Section 3.e. fn 1-24 Board Members Emeritus fn 1-24.1 Eligibility. fn Following the completion of their terms, members of the Board shall be designated as Board Members Emeritus. To be eligible to serve, a Board Member Emeritus shall be in compliance with Rule 1-34. fn 1-24.2 Purpose. fn To assist the Board in fulfilling its investigative and adjudicative functions, a Board Member Emeritus is authorized to participate as a member of an investigative or formal hearing panel as provided by Rule 3-22 and 3-23.2. A majority of the members of a formal hearing panel shall consist of current members of the Board. At least one member of an investigative hearing panel shall be a current member of the Board. All recommendations of investigative hearing panels must be approved by a quorum of the current Board. fn 1-25 Officers fn 1-25.1 Vice Chair. fn During the Board meeting preceding November 1 of each year the Board shall designate a Vice Chair who shall hold office for a period of one year beginning on November 1. Such designation shall be determined by majority vote. In the event of an irreconcilable tie vote, such fact shall be certified to the Supreme Court, and it shall designate the Vice Chair for the next year. fn 1-25.2 Chair. fn On November 1 of each succeeding year the previously elected Vice Chair shall automatically be elevated to the office of Chair for a period of one year beginning November 1 following service as Vice Chair. fn 1-26 Liaison Committee fn 1-26.1 Purpose. fn A permanent committee to coordinate the work of the Bench, Bar, law schools and bar examiners is established to make recommendations to the Court. fn 1-26.2 Membership. fn Such committee shall consist of two members of the Supreme Court to be designated by the Court, two members of the Board of Bar Examiners to be designated by the Board, two members of The Florida Bar to be designated by the Board of Governors of The Florida Bar, the Deans of all accredited Florida law schools or colleges, and such law student representation as the Court may designate. fn 1-26.3 Scheduling Meetings fn . The committee shall convene at the pleasure of the committee members from the Supreme Court, one of whom shall be the presiding officer. fn 1-27 Office Location fn . The offices of the Board shall be maintained in Tallahassee, Florida. fn Section 3. fn The Board of Governors of The Florida Bar shall submit to the Court not less than thirty days prior to the expiration of the term of any attorney member of the Board, and in case of a vacancy, within thirty days thereafter, its recommendations with respect to appointees. Such group of recommended appointees shall be thrice the number to be appointed. fn A joint committee composed of three members of the Board and three members of the Board of Governors of The Florida Bar shall submit to the Court not less than thirty days prior to the expiration of the term of any public member of the Board, and in the case of a vacancy, within thirty days thereafter, its recommendations with respect to appointees. Such group of recommended appointees shall be thrice the number to be appointed. fn The following provisions will be pertinent in connection with the nominations to membership on the Board: fn a. Qualifications. fn Attorney members shall be practicing attorneys with scholarly attainments and an affirmative interest in legal education and requirements for admission to the Bar. Attorney members shall have been members of The Florida Bar for at least five years. Public members shall be nonlawyers and shall have an academic Bachelor's Degree. It is desirable that public members possess educational or work-related experience of value to the Board such as educational testing, accounting, statistical analysis, medical or psychologically related sciences. fn 1-30 Board Member Responsibilities fn b. Tenure. fn 1-31 Tenure fn insure fn ensure fn insure fn ensure fn c. Devotion to Duty. fn 1-32 Devotion to Duty. fn d. Essential Conduct. fn 1-33 Essential Conduct. fn e. Adverse Influences, Conflicting Duties and Inconsistent Obligations. fn 1-34 Board Influences, Conflicting Duties and Obligations fn . fn nor fn or fn which fn that fn Bar examiners should so conduct themselves that there may be no suspicion that their judgment may be swayed by improper considerations. To be eligible to serve as a bar examiner, bar examiners may not serve as: a judge of any court; a regular or adjunct professor of law; an instructor, advisor or in any capacity related to a bar review course or in other activities involved with preparation of applicants for bar admission; or as a member of the governing or other policy-making board or committee of a law school or the university of which it is a part. A bar examiner is not prohibited from service on the board or as an officer of alumni groups that support law schools or universities or from assisting them with fund raising activities. fn Appointment or election to the bench at any level of the court system, federal, state, county or municipal, shall constitute a disability to serve as a bar examiner so long as such individual shall continue to serve in such capacity. Bar examiners should not participate directly or indirectly in courses for the preparation of applicants for bar admission nor act as a trustee of a law school or a university with which a law school is affiliated. Bar examiners should so conduct themselves that there may be no suspicion that their judgment may be swayed by improper considerations. fn Section 4. fn During the month of October of each year the Board shall designate a Vice Chair who shall hold office for a period of one year beginning on the ensuing November 1. In October of each succeeding year the previously elected Vice Chair shall automatically be elevated to the Office of Chair for a period of one year beginning November 1 following such person's term as Vice Chair. Such designation shall be determined by majority vote. In the event of an irreconcilable tie vote, such fact shall be certified to the Supreme Court, and it shall designate the Vice Chair for the ensuing year. fn Section 5. fn 1-35 Compensation fn The Board may from time to time elicit the assistance of other members of The Florida Bar in proctoring the bar examination and in so doing may reimburse those other members of The Florida Bar assisting for reasonable subsistence expense. fn Section 6. fn The offices of the Board shall be maintained in Tallahassee, Florida. fn 1-40 Board Meetings fn Section 7.a. fn 1-41 Conducting Board Meetings fn , applicant, and registrant fn and applicant fn b. fn 1-42 Special Hearing Panels fn . fn c. fn 1-43 Telephone Conference Meetings. fn 1-50 Fiscal Authority fn 1-51 Budget. fn The Board shall annually prepare a budget and submit it to the Supreme Court of Florida for approval. fn 1-51.1 Income. fn Subject to the approval of the Court, the Board may classify applicants and registrants and fix the charges, fees and expenses which shall be borne by them. fn Section 8. fn 1-51.2 Expenses fn Annually it shall prepare a budget and submit the same to the Supreme Court for its approval. It shall cause proper books of account to be kept and shall have an annual audit made by the Office of the Auditor General or a Certified Public Accountant. Such annual audit shall be filed with the Clerk of the Supreme Court of Florida. fn 1-52 Audit. fn The Board shall cause proper books of account to be kept and shall have an annual audit made by a Certified Public Accountant. The annual audit shall be filed with the Clerk of the Supreme Court of Florida. fn Section 9. fn 1-53 Staffing fn Section 10. fn Whenever any person subpoenaed to appear and give testimony or to produce books, papers or documents, refuses to appear to testify before the Board, or any division or committee thereof, or to answer any questions, or to produce such books, papers or documents, such person may be in contempt of the Board. The Board shall report the fact that a person under subpoena is in contempt of the Board for such proceedings against such person as the Court may deem advisable. fn Section 11. fn The Board may resolve that committees on character, fitness and general qualifications should be appointed in some or all of the counties or judicial circuits in the State of Florida. Should it so resolve, the Board of Governors of The Florida Bar shall submit to the Board from time to time and as requested by the Board a group of recommended appointees. The group shall consist of thrice the number to be appointed. The Board shall, subject to the approval of the Court, select the appointees from this group. Such committees shall be known as "Character and Fitness Committees" and shall be advisory to the Board and in the performance of their advisory duties, they shall have such powers as the Court shall fix. fn Section 12. fn A permanent committee to coordinate the work of the Bench, Bar, law schools and bar examiners and make recommendations to this Court concerning the same from time to time is hereby created and established. Such committee shall consist of two members of the Supreme Court to be designated by said Court, two members of The Board of Bar Examiners to be designated by such Board, two members of The Florida Bar to be designated by the Board of Governors of The Florida Bar, the Deans of all accredited Florida law schools or colleges, and such law student representation as the Court may from time to time provide. The committee shall convene at the pleasure of the committee members from the Supreme Court, one of whom shall be the presiding officer. fn Section 13. fn Subject to the approval of the Court, the Board may classify applicants and law students and fix the charges, fees and expenses which shall be borne by them. fn 1-60 Confidentiality fn Section 14. fn 1-61 Confidentiality fn . fn All matters including, but not limited to, registrant and applicant files, investigative reports, examination material, and interoffice memoranda shall be the property of the Supreme Court of Florida and the Board shall serve as custodian of all such records. fn 1-62 Custodian of Records. fn All matters including, but not limited to, registrant and applicant files, investigative reports, examination material, and interoffice memoranda shall be the property of the Supreme Court of Florida and the Board shall serve as custodian of all such records. fn 1-63 Release of Information. fn 1-63.1 Public Request. fn Upon request the staff shall confirm if a person has filed a student registration, bar examination application or bar application with the Board and shall provide the date of admission of any attorney admitted to The Florida Bar. fn a. fn 1-63.2 National Data Bank. fn b. fn 1-63.3 The Florida Bar. fn c. fn 1-63.4 National Conference of Bar Examiners or Foreign Bar Admitting Agency. fn d. fn 1-63.5 Documents Filed by Registrant or Applicant. fn Cost of copies are set out below: fn (a) each request for a copy of any document or portion of a document shall be accompanied by a fee of $25.00 for the first page and $.50 for each additional page. fn (b) each request for a copy of the Form 1, Bar Application, shall be accompanied by a fee of $35.00. fn e. fn 1-63.6 Documents Filed on Behalf of the Registrant or Applicant. fn Each request for a copy of any document or portion of a document shall be accompanied by a fee of $25.00 for the first page and $.50 for each additional page. fn f. fn 1-63.7 Grand Jury or Florida State Attorney. fn g. fn 1-64 Breach of Confidentiality fn . fn such persons fn the person fn such person fn the person fn such person fn the person fn Section 15. fn To the extent necessary to implement these rules and if not inconsistent herewith, the Florida Rules of Appellate Procedure shall be applicable to all proceedings filed in the Supreme Court of Florida. fn ARTICLE II. REGISTRATION OF LAW STUDENTS fn Section 1. fn Every law student intending to apply for admission to The Florida Bar shall, following the commencement of the study of law in an accredited law school, register with the Board by filing an Application for Admission to The Florida Bar (Form 1) as a registrant upon the forms supplied by the Board, including the documents and papers specified in Article IV, Section 5 except for the filing of the Certificate of Dean as specified in Article IV, Section 5.b.(4), payment of a fee of $500.00 as specified in the provisions of Article V, Section 1 and submitting such other papers as may from time to time be reasonably required by the Board. The schedule of discounted fees set forth in Sections 2, 3 and 4 below are available to any law student who files an early registration. The Board will consider as timely filed any registration postmarked or received within the specified number of days following the commencement of the study of law. fn Section 2. fn If a law student timely files an early registration within 180 days following the commencement of the study of law as specified in Article V, Section 2, the filing fee shall be 75.00. fn Section 3. fn If a law student timely files an early registration within 195 days following the commencement of the study of law as specified in Article V, Section 3, the filing fee shall be $100.00. fn Section 4. fn If a law student timely files an early registration within 250 days following the commencement of the study of law, as specified in Article V, Section 4, the filing fee shall be $200.00. fn Section 5. fn A basic character and fitness investigation shall be conducted in areas of possible concern on each student registrant. The Board may at any time find it advisable to make further inquiry into the character, fitness and general qualifications of a registrant. In such case the registrant may be required to pay a fee of $125.00 as is prescribed in Article V, Section 5. In every such investigation and inquiry the Board shall have all of the powers given it in respect to inquiry and investigation of applicants for admission to the Bar. If, after such investigation and inquiry, the Board shall find that the registrant is unfit, or the Board is in doubt about the registrant's fitness, such determination shall be certified to the Supreme Court and the Executive Director shall transmit the file and other available information to the Supreme Court for such action in the particular case as the Court deems appropriate. fn Section 6. fn The Application for Admission to The Florida Bar (Form 1) executed by a registrant shall not be deemed an application for admission into the Florida Bar Examination or an application for admission into The Florida Bar unless and until the registrant files a supplement (Form 2) to said application (Form 1) as provided in Article IV, Sections 8 and 9. fn ARTICLE III. EDUCATIONAL, CHARACTER AND FITNESS REQUIREMENTS OF APPLICANTS A. EDUCATIONAL REQUIREMENTS fn Section 1. fn No applicant shall be admitted to the General Bar Examination unless he or she furnishes to the Board: fn a. A sworn Application for Admission into the General Bar Examination attesting to graduation from a full-time accredited law school at a time when or within 12 months of such accreditation, or in the alternative, completion of the requirements for graduation from a full-time accredited law school at a time when such law school was accredited or within 12 months of such accreditation, and that such accredited law school has or, in the alternative, will confer upon the applicant the degree of Bachelor of Laws or Doctor of Jurisprudence. The term "completed the requirements for graduation" refers to the time when completion of the requirements for graduation is recorded in the office of the law school dean or administrator. The term "accredited law school" has reference to any law school approved or provisionally approved by the American Bar Association. Results of the General Bar Examination shall be released pursuant to Article VI, Section 11 only to an applicant who has additionally furnished the Board with either a Certificate of Dean or an official final law school transcript which establishes that the law school graduation requirements were completed before the applicant submitted to the General Bar Examination. Failure to provide such additional document shall result in the impoundment of an applicant's grades by the Supreme Court of Florida until such time as the additional document is furnished. Upon submission of such additional document and the payment of $100.00 as specified under Article V, Section 25, the Board shall request the Court to release the applicant's impounded grades. None of the following shall be substituted for law school training: fn (1) private study, correspondence school or law office training; fn (2) age or experience; fn (3) waived or lowered standards of legal training for particular persons or groups. fn b. For those applicants not meeting the requirements of Article III, Section 1.a. the following requirements shall be met: (1) such evidence as the Board may require that such applicant was engaged in the practice of law in the District of Columbia or in other states of the United States of America, or in practice in federal courts of the United States or its territories, possessions or protectorates for at least 10 years, and was in good standing at the bar of the District of Columbia, or of the federal courts, or of the state in which such applicant practiced; and (2) a representative compilation of the work product in the field of law showing the scope and character of the applicant's previous experience and practice at the bar, including samples of the quality of the applicant's work, such as pleadings, briefs, legal memoranda, corporate charters or other working papers which the applicant considers illustrative of such applicant's expertise and academic and legal training. Such representative compilation of the work product shall confine itself to the applicant's most recent 10 years of practice and shall be filed at least 90 days prior to the administration of the Florida Bar Examination, notwithstanding the provisions of Article VI, Section 5. If a thorough consideration of such representative compilation of the work product shows that the applicant is a lawyer of high character and ability, whose professional conduct has been above reproach, and whose academic and legal scholarship conform to approved standards and sum up to the equivalent of that required of other applicants for admission to the Florida Bar Examination, the Board may, in its discretion, admit such applicant to the General Bar Examination and accept score reports directed to the Board from the National Conference of Bar Examiners or its designee. In evaluating academic and legal scholarship the Board is clothed with broad discretion. fn B. CHARACTER AND FITNESS REQUIREMENTS fn Section 2. fn a. No person shall be recommended by the Florida Board of Bar Examiners to the Supreme Court of Florida for admission to The Florida Bar unless such person first produces satisfactory evidence to the Board of good moral character and an adequate knowledge of the standards and ideals of the profession and that such person is otherwise fit to take the oath and perform the obligations and responsibilities of an attorney. fn b. The primary purposes of character and fitness screening before admission to The Florida Bar are to assure the protection of the public and safeguard the justice system. An attorney should be one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respect to the professional duties owed to them. A record manifesting a deficiency in the honesty, trustworthiness, diligence, or reliability of an applicant may constitute a basis for denial of admission. fn The revelation or discovery of any of the following may be treated as cause for further inquiry before the Board decides whether the applicant possesses the character and fitness to practice law: fn (1) unlawful conduct; fn (2) academic misconduct; fn (3) making or procuring any false or misleading statement or omission of relevant information, including any false or misleading statement or omission on the Application for Admission to The Florida Bar, or any amendment, or in any testimony or sworn statement submitted to the Board; fn (4) misconduct in employment; fn (5) acts involving dishonesty, fraud, deceit or misrepresentation; fn (6) abuse of legal process; fn (7) neglect of financial responsibilities; fn (8) neglect of professional obligations; fn (9) violation of an order of a court; fn (10) evidence of mental or emotional instability; fn (11) evidence of drug or alcohol dependency; fn (12) denial of admission to the bar in another jurisdiction on character and fitness grounds; fn (13) disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction; fn (14) any other conduct which reflects adversely upon the character or fitness of the applicant. fn c. The Board shall determine whether the present character and fitness of an applicant qualify the applicant for admission. In making this determination, the following factors should be considered in assigning weight and significance to prior conduct: fn (1) the applicant's age at the time of the conduct; fn (2) the recency of the conduct; fn (3) the reliability of the information concerning the conduct; fn (4) the seriousness of the conduct; fn (5) the factors underlying the conduct; fn (6) the cumulative effect of the conduct or information; fn (7) the evidence of rehabilitation; fn (8) the applicant's positive social contributions since the conduct; fn (9) the applicant's candor in the admissions process; fn (10) the materiality of any omissions or misrepresentations. fn No person shall be recommended for admission to The Florida Bar who has not reached the age of 18 years. fn d. An applicant may withdraw an application for admission to The Florida Bar at any time; provided, however, in such event the Board may continue its investigative and adjudicatory functions to conclusion. fn e. Alternatively, an applicant may withdraw with prejudice an application for admission to The Florida Bar. The Board shall accept the withdrawal with prejudice and shall immediately dismiss its investigative and adjudicatory functions. An applicant who files a withdrawal with prejudice shall be permanently barred from filing a subsequent application for admission to The Florida Bar. fn f. A person who has been disbarred from the practice of law or has resigned pending disciplinary proceedings in a foreign jurisdiction shall not be eligible to apply for admission to The Florida Bar or the Florida Bar Examination for a period of 5 years from the date of disbarment or 3 years from the date of resignation or such longer period as set by the foreign jurisdiction for readmission to the foreign jurisdiction. fn g. A person who has been suspended for disciplinary reasons from the practice of law in a foreign jurisdiction shall not be eligible to apply for admission to The Florida Bar or the Florida Bar Examination until expiration of the period of suspension. fn h. A person who has been convicted of a felony shall not be eligible to apply for admission to The Florida Bar or the Florida Bar Examination until such person has had his or her civil rights restored. fn i. A person who is serving a sentence of felony probation regardless of adjudication of guilt shall not be eligible to apply for admission to The Florida Bar or the Florida Bar Examination until termination of the period of probation. fn Section 3. fn a. Prior to recommending an applicant for admission to practice the profession of law in Florida, the Florida Board of Bar Examiners shall conduct an investigation and otherwise inquire into and determine the character, fitness and general qualifications of every applicant. In every such investigation and inquiry, the Board may obtain such information as bears upon the character, fitness and general qualifications of the applicant and take and hear testimony, administer oaths and affirmations, and compel by subpoena the attendance of witnesses and the production of books, papers and documents. Any member of the Board may administer such oaths and affirmations. Such investigations and inquiries shall be informal, but they shall be thorough, with the object of ascertaining the truth. Technical rules of evidence need not be observed. Any investigative hearing for such purpose may be held by a division of the Board consisting of no fewer than 3 members of the Board. Any applicant requested to appear for an investigative hearing shall pay the administrative cost of $80.00 as specified under Article V, Section 16. Postponement of a previously scheduled investigative hearing shall be for good cause only and shall be subject to the fees as specified under Article V, Section 18. Each division shall record its proceedings and shall report its recommendations to the full Board. fn An applicant who has been requested to appear for an investigative hearing by Board letter shall promptly respond to such letter. Failure to respond within 60 days shall result in termination of that application and shall require reapplication and payment of all fees as if the applicant were applying for the first time. fn In cases where the facts are undisputed regarding an applicant's prior conduct which bears adversely upon such person's character and fitness for admission to the Bar, the Board may forgo an investigative hearing and proceed directly with the filing of Specifications as provided by Section b.(3) below. fn b. Following an investigative hearing, the Board shall determine that: fn (1) the applicant has established his or her qualifications as to character and fitness; or fn (2) further investigation into the applicant's character and fitness is warranted; or fn (3) Specifications be filed charging the applicant with matters which if proven would preclude a favorable finding by the Board. fn c. In lieu of the filing of Specifications pertaining to drug, alcohol or psychological problems, the Board in exceptional cases may enter into a Consent Order with the applicant. In a Consent Order, the Board is authorized to recommend to the Court for admission the applicant who has agreed to abide by specified terms and conditions upon admission to The Florida Bar. If the Court accepts the Board's recommendation, the Order of admission shall be made as set out in Article VII, Section 1. fn If the applicant is granted admission by the Court pursuant to a Consent Order, then the terms and conditions of the applicant's admission shall be administered by The Florida Bar. The Board shall provide access to The Florida Bar all information gathered by the Board on a conditionally admitted applicant except information received by the Board under a specific agreement of confidentiality or otherwise restricted by law. If the applicant shall fail to abide by the terms and conditions of admission, then The Florida Bar is authorized to institute such proceedings consistent with the Rules Regulating The Florida Bar as to revocation of the license issued to the applicant pursuant to the Consent Order. The Board shall be notified of any disciplinary proceedings and shall have access to all information relating to the administration of a conditional admission, except information received by The Florida Bar under a specific agreement of confidentiality or otherwise restricted by law. fn d. If Specifications are prepared and served upon an applicant, the applicant shall file an answer to the Specifications within 20 days from receipt of the Specifications. If an applicant fails to file an answer to the Specifications within such time or within any extension of that time allowed by the Board, the Specifications shall be deemed admitted and the Board shall enter findings of fact, finding the Specifications proven, and appropriate conclusions of law, which may include a recommendation that the applicant not be admitted to The Florida Bar. fn e. After a timely answer to Specifications has been filed, the Board shall notify the applicant of the dates and locations available for the formal hearing on the Specifications. The applicant shall pay the administrative cost of $300.00 as set forth in Article V, Section 17. Postponement of a previously scheduled formal hearing shall be for good cause only and shall be subject to the fees as specified under Article V, Section 19. The applicant and the Board shall agree on a date and location for the hearing. If the applicant fails to agree on one of the dates and locations proposed by the Board, the Board shall set the date and location of the hearing. If the applicant, without good cause, fails to attend the formal hearing, the Specifications shall be deemed admitted and the Board shall enter findings of fact, finding the Specifications proven, and appropriate conclusions of law, which may include a recommendation that the applicant not be admitted to The Florida Bar. fn f. Formal hearings held in response to Specifications shall be conducted before a quorum of the Board which shall consist of not less than 5 members. The formal hearing panel shall consist of members of the Board other than those who participated in the investigative hearing. This provision may be waived with the consent of the applicant. The weight to be given all testimony and exhibits received in evidence at a formal hearing shall be considered and determined by the Board. The Board is not bound by technical rules of evidence at a formal hearing. Following the conclusion of a formal hearing, the Board shall expeditiously make its findings of fact and conclusions of law which shall include one of the following: fn (1) A recommendation that the applicant be admitted to The Florida Bar; or fn (2) A recommendation that the applicant not be admitted to The Florida Bar; or fn (3) After the filing of Specifications and, in lieu of a recommendation that the applicant not be admitted to The Florida Bar based upon drug, alcohol or psychological problems, the Board in exceptional cases may make a recommendation that the applicant be conditionally admitted to The Florida Bar upon such terms and conditions as specified by the Board. If the Court accepts the Board's recommendation, then the terms and conditions of the applicant's admission shall be administered by The Florida Bar as provided in Section 3.c. above; or fn (4) A recommendation that the applicant's admission to The Florida Bar be withheld for a specified period of time not to exceed 2 years to allow the applicant to establish rehabilitation. At the end of the specified period of time, the Board shall recommend the applicant's admission barring subsequent disclosure of matters adversely reflecting upon the applicant's character or fitness. fn The applicant shall be notified promptly by the Board of its findings of fact and recommendation, which action shall be subject to review by the Court as specified under Article III, Section 4.b. fn g. If sufficient time has not passed since the occurrence of the behavior described in one or more of the Specifications sustained to permit the Board to determine whether the applicant has established his or her qualifications and what recommendations the Board would make to the Supreme Court of Florida, the Board may petition the Supreme Court of Florida for a reasonable extension of time for further investigation, not to exceed 1 year after the conclusion of the formal hearing. If an extension is granted, the Board may continue its investigation or otherwise acquire such additional information as is needed to permit it to make its final decision. The applicant shall be notified of any petition for extension and shall be given an opportunity to show cause why the extension should not be granted. fn h. Counsel for the Board and an applicant may waive a formal hearing and enter into a proposed consent judgment. Such consent judgment shall contain a proposed resolution of the case pursuant to one of the recommendations specified in Section 3.f. above. If the consent judgment is approved by the full Board, then the case shall be resolved in accordance with the consent judgment without further proceedings. fn Section 4. fn a. Any applicant who is dissatisfied with the Board's recommendation concerning his or her character, fitness or general qualifications, may, within 60 days after notice of the Board's recommendation, file with the Board a petition for reconsideration with a fee of $125.00 as specified under the provisions of Article V, Section 21. The petition must contain new and material evidence which by due diligence could not have been produced at the formal hearing. Evidence of rehabilitation as provided by Article III, Section 4.e. of the Rules shall not be included in a petition for reconsideration. Only one such petition for reconsideration may be filed. fn b. Any applicant or student registrant who is dissatisfied with the Board's recommendation concerning such applicant's or registrant's character and fitness may file an appropriate petition with the Clerk of the Supreme Court of Florida, within a period of 60 days after receipt of the Board's recommendation. A copy of such petition shall be served upon the Executive Director of the Board. Unless otherwise required, the Board's response shall be filed with the Supreme Court within 25 days after service of the petition. At the time of the filing of the Board's response, the Executive Director shall place the record of the formal hearing with the Supreme Court, and the Court shall decide whether such applicant or student registrant meets the character and fitness requirements. Final action of the Court shall be duly entered in the minutes thereof. fn c. An applicant who has been refused a favorable recommendation by the Board through the filing of Findings of Fact and Conclusions of Law which has not been reversed by the Supreme Court of Florida shall not be eligible for admission to any subsequent administration of any part of the Florida Bar Examination until such applicant receives a favorable recommendation by the Board or a favorable decision by the Supreme Court of Florida as to character and fitness; provided, however, that any such applicant who received a passing score on any part of the Florida Bar Examination administered prior to the filing of the Board's Findings of Fact and Conclusions of Law shall be entitled to retain that passing status for the applicable part for the time period provided under Article VI, Section 9. fn d. Any applicant who has been refused a favorable recommendation by the Board or any applicant or student registrant who has proceeded through the provisions of subsection b. above and is the recipient of final action by the Supreme Court of Florida either denying an applicant's admission or finding a student registrant to be unfit for admission may, after 2 years from the date the Board delivered its adverse finding, file an appropriate petition with the Clerk of the Supreme Court of Florida in an attempt to show sufficient rehabilitation to warrant a review of the Board's findings or the re-evaluation by the Court of its final action. In a case where the Board found that the applicant has made material misrepresentations or false statements in the application process, then the Board may within its discretion recommend that the applicant be disqualified from petitioning the Court for a period greater than 2 years up to 5 years. If the Court finds the petition to be sufficient, it shall remand the case to the Florida Board of Bar Examiners, which Board shall serve as the Court's investigative arm in such matters. Upon payment of a fee of $1800.00 as specified under Article V, Section 10, the Board shall initiate a character and fitness investigation and shall file its report and recommendation with the Court. In issuing a judgment adverse to an applicant or student registrant, the Court shall fix the date after which subsequent petitions may be filed with the Court. fn e. Any applicant or student registrant who, in any formal hearing held in response to Specifications pursuant to Article III, Section 3 or in any proceeding held before the Board pursuant to Article II, Section 5 or Article III, Section 4.d., affirmatively asserts rehabilitation from prior conduct which bears adversely upon such person's character and fitness for admission to the Bar shall be required to produce clear and convincing evidence of such rehabilitation including, but not limited to, the following elements: fn (1) Strict compliance with the specific conditions of any disciplinary, judicial, administrative or other order, where applicable; fn (2) Unimpeachable character and moral standing in the community; fn (3) Good reputation for professional ability, where applicable; fn (4) Lack of malice and ill feeling toward those who by duty were compelled to bring about the disciplinary, judicial, administrative or other proceeding; fn (5) Personal assurances, supported by corroborating evidence, of a desire and intention to conduct one's self in an exemplary fashion in the future; fn (6) Restitution of funds or property, where applicable; fn (7) Positive action showing rehabilitation by such things as a person's occupation, religion, community or civic service. Merely showing that an individual is now living as and doing those things he or she should have done throughout life, although necessary to prove rehabilitation, does not prove that the individual has undertaken a useful and constructive place in society. The requirement of positive action is appropriate for applicants for admission to the Bar because service to one's community is an implied obligation of members of the Bar. fn RULE 2. APPLICATION REQUIREMENTS fn 2-10 Application Qualifications fn To seek admission to The Florida Bar, a person must meet the eligibility qualifications and file the appropriate applications and fees as set out in this rule and comply with Rules 3 and 4. fn 2-11 Technical Competence fn . All applicants seeking admission to The Florida Bar shall produce satisfactory evidence of technical competence through successful completion of the Florida Bar Examination as described in Rule 4. fn 2-11.1 Educational Qualification fn . To be admitted into the Florida Bar Examination and ultimately recommended for admission to The Florida Bar, an applicant must have received the degree of Bachelor of Laws or Doctor of Jurisprudence from an accredited law school (as defined in 4-13.2) at a time when the law school was accredited or within 12 months of accreditation or be found educationally qualified by the Board under the alternative method of educational qualification. fn 2-11.2 Alternative Method of Educational Qualification fn . For applicants not meeting the educational qualification above, the following requirements shall be met: (1) evidence as the Board may require that the applicant was engaged in the practice of law in the District of Columbia or in other states of the United States of America, or in practice in federal courts of the United States or its territories, possessions or protectorates for at least 10 years, and was in good standing at the bar of said jurisdictions in which the applicant practiced; and (2) a representative compilation of the work product in the field of law showing the scope and character of the applicant's previous experience and practice at the bar, including samples of the quality of the applicant's work, such as pleadings, briefs, legal memoranda, contracts or other working papers which the applicant considers illustrative of the applicant's expertise and academic and legal training. The representative compilation of the work product shall be confined to the applicant's most recent 10 years of practice and shall be complete and include all supplemental documents requested. In evaluating academic and legal scholarship the Board is clothed with broad discretion. fn (a) Deadline for Filing Work Product fn . To be considered timely filed, the work product shall be complete with all supplemental documentation as required and filed by the filing deadline of the General Bar Examination as set out in Rule 4. Work Products initially filed incomplete and perfected after the deadline shall not be considered as timely filed. Late or incomplete work products will be given consideration for admission into the next administration of the bar examination for which the deadline has not passed. fn (b) Acceptance of Work Product fn . If a thorough review of the representative compilation of the work product and other materials submitted by the applicant shows that the applicant is a lawyer of high ability and whose reputation for professional competence is above reproach, the Board may admit such applicant to the General Bar Examination and accept score reports from the National Conference of Bar Examiners or its designee. fn 2-11.3 Unacceptable Educational Substitutes fn . None of the following shall be substituted for law school training: fn 2-12 Proof of Character and Fitness fn . All applicants seeking admission to The Florida Bar shall produce satisfactory evidence of good moral character, an adequate knowledge of the standards and ideals of the profession, and proof that the applicant is otherwise fit to take the oath and perform the obligations and responsibilities of an attorney. See Rule 3, Background Investigation. fn 2-13 Prohibitions Against Application fn . No person shall be eligible to apply for admission to The Florida Bar or for admission into the Florida Bar Examination unless the time period as indicated below has expired or the required condition or status has been met. fn 2-13.1 Disbarred or Resigned Pending Disciplinary Proceedings fn . A person who has been disbarred from the practice of law or has resigned pending disciplinary proceedings shall not be eligible to apply for a period of 5 years from the date of disbarment or 3 years from the date of resignation or such longer period as is set for readmission by the jurisdictional authority. fn 2-13.2 Suspension for Disciplinary Reasons fn . A person who has been suspended for disciplinary reasons from the practice of law in a foreign jurisdiction shall not be eligible to apply until expiration of the period of suspension. fn 2-13.3 Convicted Felon fn . A person who has been convicted of a felony shall not be eligible to apply until the person's civil rights have been restored. fn 2-13.4 Serving Felony Probation fn . A person who is serving a sentence of felony probation regardless of adjudication of guilt shall not be eligible to apply until termination of the period of probation. fn 2-13.5 Found Unqualified by Board fn . An applicant or registrant who has been refused a favorable recommendation by the Board through the filing of Findings of Fact and Conclusions of Law which has not been reversed by the Supreme Court of Florida shall not be eligible to seek admission to The Florida Bar until 2 years after the date the Board delivered its adverse findings or such longer period as set by the findings. fn 2-14 Petitions for Rehabilitation fn . Any applicant or registrant who was refused a favorable recommendation by the Board not reversed by the Court may, after 2 years or such longer period as may be set in the findings, file a new Bar Application. The new application shall answer each item for the period of time from the filing of the original application and shall include current references, a fingerprint card, and the applicable fee. Following the completion of the Board's new background investigation, all previously denied applicants shall appear before a quorum of the Board for a formal hearing to present evidence of rehabilitation pursuant to the provisions of Rule 3-13 and the formal hearing panel shall determine if the applicant's evidence of rehabilitation was clear and convincing and make a recommendation pursuant to Rule 3-23.6. fn 2-20 Applications and Fees fn 2-21 Applications fn . There are two independent applications that must be completed prior to admission to The Florida Bar: the Exam Application (Form 1-A) and the Bar Application (Form 1 if filing as an applicant or Form 2 if converting from a registrant). fn 2-21.1 Exam Application fn . The Exam Application (Form 1-A) is required for admission into any General Bar Examination. The Form 1-A must be fully completed, accompanied by the appropriate application fee, and submitted by the examination filing deadline to be considered timely filed. fn 2-21.2 Bar Application fn . The Bar Application (Form 1 or Form 2 if the Form 1 was previously filed as a student registrant) is required to initiate the applicant character and fitness background investigation. The detailed character and fitness investigation may require 6-8 months for all facts to be marshalled and a recommendation reached by the Board. All law students are encouraged to file for admission to the Bar when entering their senior year in law school to ensure completion of all character and fitness related matters at the time of grade release of the first examination following graduation. fn 2-21.3 Registration fn . Law students are encouraged to register with the Board within 180 days of the commencement of the study of law to take advantage of early registration discounted fees. Every law student intending to apply for admission to The Florida Bar, following the commencement of the study of law in an accredited law school, may register with the Board by filing a Form 1 as a registrant, the applicable filing fee, and any supplemental documents that may reasonably be required by the Board. A basic character and fitness investigation shall be conducted in areas of possible concern on each registrant. The registration (Form 1) initially executed by a registrant must be converted into a Bar Application by the filing of a Supplement (Form 2). fn 2-22 Deadline for Filing a Bar Application fn . The Bar Application must be filed not later than 90 days from the date of notice that success has been attained on all parts of the Florida Bar Examination (General Bar Examination and Multistate Professional Responsibility Examination — MPRE). fn 2-23 Forms for Application fn . Applications for Admission into the General Bar Examination and to The Florida Bar shall be made upon forms supplied by the Board. Students matriculating at the law schools within the State of Florida, the deans and librarians of such Florida law schools, and any other persons designated by the Board may receive forms free. Requests for application forms by other persons shall be accompanied by a fee of $50.00. fn 2-24 Credit for Payment for Forms fn . Any person having paid for forms may deduct that amount from any application fee paid within 1 year from the payment of the fee for forms. This credit must be deducted at the time of payment of the application fee. The fee for application forms paid by an applicant shall not be refunded by the Board. fn 2-25 Setting Application Fees and Refunds fn . All fees are set by order of the Supreme Court of Florida and are subject to change by published order of the Court. Any fee paid by an applicant or registrant shall not be refunded. fn 2-26 Application Fees fn . The total application fee is due and payable to the Florida Board of Bar Examiners upon filing by the applicant of the initial application. Neither a bar application, filed as an applicant or registrant, nor an examination application shall be considered complete without the full fee. fn 2-26.1 Student Registration Fee fn . Every law student filing a registration with the Board shall file with the completed bar application (Form 1) the fee of $500.00. Discounted early registration fees are available as indicated below to any law student who files a registration within 250 days following the commencement of the study of law as certified by the law school. fn (a) Within 180 Days fn . If filed within 180 days following commencement of the study of law, the fee shall be $75.00. fn (b) Within 195 Days. fn If filed within 195 days following the commencement of the study of law, the fee shall be $100.00. fn (c) Within 250 Days fn . If filed within 250 days following the commencement of the study of law, the fee shall be $200.00. fn 2-26.2 Student Applicant Fee fn . Applicants who did not register with the Board as law students and who have not been admitted to the bar in any jurisdiction for a period in excess of 12 months excluding time spent in military service of the United States shall file with the initial application the fee of $875.00. fn 2-26.3 Registrant Converter Fee fn . Applicants who registered with the Board as law students and who have not been admitted to the bar in any jurisdiction for a period in excess of 12 months excluding time spent in military service of the United States shall file with the initial application (Form 1-A or Form 2) the fee of $375.00. fn 2-26.4 Attorney Fee fn . Applicants who have been admitted to the bar in any jurisdiction for a period in excess of 12 months excluding time spent in military service of the United States shall file with the initial application the applicable fee according to the date the Form 1 is postmarked as it relates to the number of years the applicant has been admitted in another jurisdiction. fn (a) Less than 5 years fn . If admitted for more than one year but less than 5 years, a fee of $1300.00. fn (b) 5 or more but less then 10 years fn . If admitted for more than 5 years but less than 10 years, a fee of $1600.00. fn (c) 10 or more but less than 15 years fn . If admitted for more than 10 years but less than 15 years, a fee of $2000.00. fn (d) 15 or more years fn . If admitted for 15 or more years, a fee of $2500.00. fn 2-26.5 Fee Determination fn . The fee for an admitted attorney is determined by the date of the filing of the Bar Application (Form 1) and the status of the applicant on that date as it relates to the applicant's admission to the Bar of any foreign jurisdiction or United States military service. fn 2-27 Disbarred Attorney Fee fn . Applicants applying for admission after disbarment or resignation pending disciplinary proceedings in Florida or in any other jurisdiction shall file with the initial application the fee of $5000.00. fn 2-28 Rehabilitation Application Fee fn . Applicants or registrants who are asserting rehabilitation from prior conduct that resulted in an adverse recommendation through Findings of Fact and Conclusions of Law, shall file with the application the fee of $1800.00. fn 2-29 Stale File Fee fn . Applicants whose Bar Application has been on file for more than 3 years shall be required to file a new Bar Application answering each item for the period of time from the filing date of the last application filed to the date of the filing of the new application including submitting current references, a fingerprint card, and the applicable fee. fn (a) If within 5 Years fn . If filed within 5 years of the filing date of the last application filed, a fee of $425.00 is applicable. fn (b) If more than 5 Years fn . If filed more than 5 years after the filing date of the last application filed, the full application fee under 2-26.3 or 2-26.5 above is applicable. fn 2-30 Petitions Relating to Administrative Rulings fn 2-30.1 Filed with the Board fn . Any applicant or registrant who is dissatisfied with an administrative ruling of the Board not concerning character and fitness matters may petition the Board for reconsideration of the ruling. Petitions seeking a suspension or waiver of any Board rule, regulation or order of an administrative ruling or action not related to a character and fitness recommendation should be presented in the form of a letter, shall be filed with the Board within 60 days after receipt of written notice of the Board's action complained of and shall be accompanied by a fee of $50.00. fn 2-30.2 Filed with the Court fn . Any applicant or registrant who is dissatisfied with an administrative ruling of the Board not concerning character and fitness matters may, within 60 days after receipt of written notice of the Board's action complained of, file an appropriate petition with the Clerk of the Supreme Court of Florida for review of the Board's action. If not inconsistent with these rules, the Florida Rules of Appellate Procedure shall be applicable to all proceedings filed in the Supreme Court of Florida. A copy of any such petition shall be served upon the Executive Director of the Board. The Board shall have 25 days after the service of said copy on the Executive Director in which to file a response to the petition and shall serve a copy upon the applicant or registrant. The matter shall be disposed of as the Court directs. fn ARTICLE IV. APPLICATIONS fn Section 1. fn Applications shall consist of: fn a. an Application for Admission into the General Bar Examination (Form 1-A) and; fn b. an Application for Admission to The Florida Bar (Form 1 or Form 2, as applicable). fn Although the Application for Admission into the General Bar Examination and the Application for Admission to The Florida Bar are entirely independent of each other, applicants are advised that the character and fitness investigation conducted by the Board in conjunction with the Application for Admission to The Florida Bar is detailed and may require 6-8 months for all facts to be marshalled and a recommendation reached by the Board. Therefore, law students are encouraged to file for admission to the Bar when entering their senior year in law school to assure completion of all character and fitness related matters at the time of grade release of the first examination following graduation. All applicants are required to file fully completed applications and to be responsive to Board requests for further information in order to assure orderly processing of the files. fn Applications for Admission into the General Bar Examination and to The Florida Bar shall be made upon forms supplied by the Board pursuant to Article V, Section 13. fn Bar applications (Form 1 or Form 2) filed in a defective condition, e.g., without notarization, or supporting documents, or having blank or incomplete items on the application, shall be accepted but a fee of $250.00 as specified under Article V, Section 12 shall be assessed. fn The Application for Admission to The Florida Bar must be filed not later than 90 days from the date of the notice that success has been attained on all parts of the Florida Bar Examination (General Bar Examination and Multistate Professional Responsibility Examination — MPRE) as provided under Article VI, Section 9.b. fn Note: Applications for the Multistate Professional Responsibility Examination (MPRE) are filed with the appropriate agency of the National Conference of Bar Examiners. Fees required for that administration shall be paid to the agency administering the examination. fn Section 2. fn a. The Board shall not recommend to the Court for admission any applicant whose Application for Admission to The Florida Bar has been on file for more than 3 years without reinvestigation into the applicant's character and fitness as necessary to bring the investigation to a current status. The applicant shall be required to file a new Application for Admission to The Florida Bar answering each item for the period of time from the filing of the original application to the date of the filing of the new application including current references and a fingerprint card which shall be accompanied by: fn (1) a fee of $425.00 as provided by Article V, Section 11 of the Rules if the new application is filed within 5 years of filing the original application, or fn (2) a fee as provided under Article V, Sections 7 or 8 if the new application is filed more than 5 years after filing the original application. fn b. The Board shall not recommend to the Court for admission any applicant whose notice of successful completion of the Florida Bar Examination has been on file more than 5 years without reapplication for admission to the Florida Bar Examination and successful completion of all of the examination. fn c. The Application for Admission to The Florida Bar must be vigorously pursued by the applicant. Failure to respond to inquiry from the Board within 90 days may result in termination of that application and require reapplication and payment of all fees as if the applicant were applying for the first time. fn Section 3. fn Applicants for admission into the General Bar Examination and applicants for admission into The Florida Bar who have not been admitted to the bar in any jurisdiction for a period in excess of 12 months preceding the filing of an Application for Admission to The Florida Bar (time spent in military service of the United States not to be reckoned as part of said 12 months) shall accompany the initial application with: fn a. a fee of $375.00, as specified under Article V, Section 6, if a registration fee has been paid previously; or fn b. a fee of $875.00, as specified under Article V, Section 7, if a registration fee has not been paid previously. fn Section 4. fn All applicants for admission into the General Bar Examination and applicants for admission into The Florida Bar except those described in Article IV, Section 3 shall accompany the initial application with: fn a. a fee of $1300.00, if the applicant has been admitted to the practice of law for less than 5 years, as specified under Article V, Section 8.a.; or fn b. a fee of $1600.00, if the applicant has been admitted to the practice of law for a period of 5 years, but less than 10 years, as specified under Article V, Section 8.b.; or fn c. a fee of $2000.00, if the applicant has been admitted to the practice of law for a period of 10 years, but less than 15 years, as specified under Article V, Section 8.c.; or fn d. a fee of $2500.00, if the applicant has been admitted to the practice of law for a period of 15 or more years, as specified under Article V, Section 8.d.; or fn e. a fee of $5000.00, as specified under Article V, Section 9 if the applicant is applying for readmission after disbarment or resignation pending disciplinary proceedings in Florida or is applying for admission after disbarment or resignation pending disciplinary proceedings in any other jurisdiction; or fn f. A fee of $1800.00 as specified under Article V, Section 10 for those applicants asserting rehabilitation from prior conduct which caused denial of admission by the Board or the Supreme Court as specified in Article III, Section 4.d. fn Section 5. fn a. Each Application for Admission into the General Bar Examination, as an integral part thereof, must be accompanied by the following: fn (1) a photograph, 2" by 2", made within 6 months prior to the filing of the application; fn (2) one complete set of fingerprints taken and certified by an authorized law enforcement officer; and fn (3) such supporting documents or additional information as may be required on the forms supplied by the Board. fn b. An Application for Admission to The Florida Bar must be filed not later than 90 days from the date of notice from the Board that success has been attained on all parts of the Florida Bar Examination. The Application for Admission to The Florida Bar shall not be deemed complete until all of the following items have been received by the Board: fn (1) if the applicant is not a natural born citizen of the United States and indicates a name change at the time of naturalization, evidence of naturalization satisfactory to the Board that such name change occurred; fn (2) if the applicant has been admitted to the practice of law in one or more jurisdictions, evidence satisfactory to the Board that the applicant is of good standing in such jurisdictions and a copy of the application for admission filed in each such jurisdiction; fn (3) an authorization and release on a form supplied by the Board requesting and directing the inspection and furnishing to the Board, or any of its authorized representatives, all relevant documents, records or other information pertaining to the applicant and releasing any person, firm, officer, corporation, association, organization or institution from any and all liability in respect to such inspection or the furnishing of any such information; fn (4) a Certificate of Dean (Form No. 3) certifying the applicant's graduation from a full-time accredited law school, as provided under the provisions of Article III, Section 1.a.; fn (5) an official transcript of academic credit certifying that the applicant has received the degree of Bachelor of Laws or Doctor of Jurisprudence as specified under Article III,Section 1.a., which transcript must come directly from the awarding institution; fn (6) official transcripts from all post-secondary institutions attended, which transcript must come directly from the awarding institutions; fn (7) supporting documents and other information as may be required in the forms supplied by the Board and other such documents as the Board may, in addition, from time to time reasonably require; fn (8) an affidavit on a form supplied by the Board attesting that the applicant has read Chapter 4, Rules of Professional Conduct, and Chapter 5, Rules Regulating Trust Accounts, of the Rules Regulating The Florida Bar; and fn (9) a certificate supplied by the agency administering the Multistate Professional Responsibility Examination (MPRE) bearing a successful score attained on the MPRE to be forwarded directly to the Florida Board of Bar Examiners by the designee of the National Conference of Bar Examiners. fn Section 6. fn The Board's character and fitness investigation will commence only upon receipt of a fully completed and notarized Application for Admission to The Florida Bar accompanied by the appropriate fee and the items set forth in Section 5.a.(1) and (2) and Section 5.b.(3) above. An application filed in a defective condition or without the appropriate fee will delay the commencement of the background investigation until the defective application is corrected or the fee is paid. fn Section 7. fn Applicants seeking postponement of their submission to Part A or Part B of the General Bar Examination shall be permitted to do so upon payment of: fn a. a fee of $75.00 as specified under Article V, Section 24.a., if a written notice of postponement is received at least 7 days in advance of the commencement of the administration of such examination; or fn b. a fee of $150.00 as specified under Article V, Section 24.b., if a written notice of postponement is received thereafter but preceding the deadline for filing for the next administration of such examination. fn All such applicants who have previously postponed their submission to Part A or Part B of the General Bar Examination must bring their applications to current status by the filing of another examination application by the deadline as specified under the provisions of Article VI, Section 5. fn Section 8. fn If the applicant has filed an Application for Admission to The Florida Bar as a registrant as required by Article II, Section 1, the provisions of Article IV, Section 5 shall be inapplicable but in such case the applicant shall, not later that 90 days from the date of notice that success has been attained on the Florida Bar Examination, file a supplement (Form 2) to said application for admission upon forms supplied by the Board, and upon the filing of such supplement, the said application for admission filed as a registrant and all documents, records, information, and every other portion of the file shall be deemed converted into and shall thereupon be an application for admission to The Florida Bar. The Board may require the applicant to furnish such additional or supplemental information as the Board deems reasonable and necessary in the consideration of the Application for Admission to The Florida Bar. fn Section 9. fn Even though an applicant has filed an Application for Admission to The Florida Bar as a registrant as specified under Article II, the separate Application for Admission into the General Bar Examination must be filed by the deadlines as specified under the provisions of Article VI, Section 5 and in compliance with provisions of Article IV, Section 5 except that compliance with subsections a. and b. may be omitted if there has been previous compliance. fn Section 10.a. fn Applications for Admission to The Florida Bar, whether filed as a registrant under Article II or as an applicant under this Article, are continuing in nature and must give correctly and fully the information therein sought as of the date that the applicant is sworn in as a member of The Florida Bar. The Board may require that all information furnished to it be given under oath. fn b. fn Every applicant or registrant shall immediately inform the Board of any change or discovered error in information previously furnished to the Board. fn c. fn Every applicant shall state under oath when filing an Application for Admission into the General Bar Examination that all information in every application and amendments thereto previously submitted is true and complete. fn Section 11. fn The Board shall make public the topics upon which applicants will be examined and also make such suggestions for the information and guidance of students as will tend to promote their studies. fn Section 12. fn If any applicant or student registrant shall be dissatisfied with an administrative ruling of the Board not covered by Article III, Section 4, such applicant or student registrant may, within 60 days after receipt of written notice of the Board's action, file an appropriate petition with the Clerk of the Supreme Court of Florida for review of the Board's action. A copy of any such petition shall be served upon the Executive Director of the Board. The Board shall have 25 days after the service of said copy on the Executive Director in which to file a response to the petition with the Clerk of the Supreme Court of Florida and shall serve a copy thereof upon the applicant or student registrant. Thereafter, the matter shall be disposed of as the Court directs and any final action of the Court shall be duly entered in the minutes thereof. fn RULE 3. BACKGROUND INVESTIGATION fn 3-10 Standards of an Attorney fn An attorney should be one whose record of conduct justifies the trust of clients, adversaries, courts, and others with respect to the professional duties owed to them. fn 3-11 Disqualifying Conduct fn . A record manifesting a deficiency in the honesty, trustworthiness, diligence, or reliability of an applicant or registrant may constitute a basis for denial of admission. The revelation or discovery of any of the following may be treated as cause for further inquiry before the Board recommends whether the applicant or registrant possesses the character and fitness to practice law: fn (a) unlawful conduct; fn (b) academic misconduct; fn (c) making or procuring any false or misleading statement or omission of relevant information, including any false or misleading statement or omission on the Bar Application, or any amendment, or in any testimony or sworn statement submitted to the Board; fn (d) misconduct in employment; fn (e) acts involving dishonesty, fraud, deceit or misrepresentation; fn (f) abuse of legal process; fn (g) financial irresponsibility; fn (h) neglect of professional obligations; fn (i) violation of an order of a court; fn (j) evidence of mental or emotional instability; fn (k) evidence of drug or alcohol dependency; fn (l) denial of admission to the bar in another jurisdiction on character and fitness grounds; fn (m) disciplinary action by a lawyer disciplinary agency or other professional disciplinary agency of any jurisdiction; fn (n) any other conduct which reflects adversely upon the character or fitness of the applicant. fn 3-12 Determination of Present Character fn . The Board shall determine whether the applicant or registrant has provided satisfactory evidence of good moral character. In addition to other factors in making this determination, the following factors should be considered in assigning weight and significance to prior conduct: fn (a) age at the time of the conduct; fn (b) recency of the conduct; fn (c) reliability of the information concerning the conduct; fn (d) seriousness of the conduct; fn (e) factors underlying the conduct; fn (f) cumulative effect of the conduct or information; fn (g) evidence of rehabilitation; fn (h) positive social contributions since the conduct; fn (i) candor in the admissions process; fn (j) materiality of any omissions or misrepresentations. fn 3-13 Elements of Rehabilitation fn . Any applicant or registrant who affirmatively asserts rehabilitation from prior conduct which bears adversely upon such person's character and fitness for admission to the Bar shall be required to produce clear and convincing evidence of such rehabilitation including, but not limited to, the following elements: fn (a) strict compliance with the specific conditions of any disciplinary, judicial, administrative or other order, where applicable; fn (b) unimpeachable character and moral standing in the community; fn (c) good reputation for professional ability, where applicable; fn (d) lack of malice and ill feeling toward those who by duty were compelled to bring about the disciplinary, judicial, administrative or other proceeding; fn (e) personal assurances, supported by corroborating evidence, of a desire and intention to conduct one's self in an exemplary fashion in the future; fn (f) restitution of funds or property, where applicable; fn (g) positive action showing rehabilitation by such things as a person's occupation, religion, or community or civic service. Merely showing that an individual is now living as and doing those things he or she should have done throughout life, although necessary to prove rehabilitation, does not prove that the individual has undertaken a useful and constructive place in society. The requirement of positive action is appropriate for applicants for admission to the Bar because service to one's community is an implied obligation of members of the Bar. fn 3-14 Bar Application and Supporting Documentation fn 3-14.1 Filed as an Applicant fn . Applicants are required to file complete and sworn Bar Applications. The application shall not be deemed complete until all of the following items have been received by the Board: fn (a) an authorization and release on a form supplied by the Board requesting and directing the inspection of and furnishing to the Board, or any of its authorized representatives, all relevant documents, records or other information pertaining to the applicant and releasing any person, official, representative of a firm, corporation, association, organization or institution from any and all liability in respect to such inspection or the furnishing of any such information; fn (b) a Certificate of Dean (Form No. 3) certifying the applicant's graduation from an American Bar Association accredited law school; fn (c) an official transcript of academic credit certifying that the applicant has received the degree of Bachelor of Laws or Doctor of Jurisprudence, which transcript must come directly from the awarding institution; fn (d) official transcripts from all post-secondary institutions attended, which transcripts must come directly from the awarding institutions; fn (e) if the applicant has been admitted to the practice of law in one or more jurisdictions, evidence satisfactory to the Board that the applicant is of good standing in such jurisdictions and a copy of the application for admission filed in each such jurisdiction; fn (f) an affidavit on a form supplied by the Board attesting that the applicant has read Chapter 4, Rules of Professional Conduct, and Chapter 5, Rules Regulating Trust Accounts, of the Rules Regulating The Florida Bar; fn (g) such supporting documents and other information as may be required in the forms supplied by the Board and such other documents as the Board may, in addition,reasonably require. fn 3-14.2 Filed as a Registrant fn . Registrants are required to file complete and sworn applications for registration. The application shall not be deemed complete until all of the following items have been received by the Board: fn (a) an authorization and release on a form supplied by the Board requesting and directing the inspection of and furnishing to the Board, or any of its authorized representatives, all relevant documents, records or other information pertaining to the applicant and releasing any person, official, representative of a firm, corporation, association, organization or institution from any and all liability in respect to such inspection or the furnishing of any such information; fn (b) official transcripts from all post-secondary institutions attended, which transcript must come directly from the awarding institutions; fn (c) such supporting documents and other information as may be required in the forms supplied by the Board and such other documents as the Board may, in addition, reasonably require. fn 3-14.3 Defective Applications fn . A bar application initially filed in a defective condition, e.g., without notarization, without supporting documents, or having blank or incomplete items on the application may delay the initiation or the processing of the background investigation. Bar applications (Form 1 or Form 2) filed in a defective condition shall be accepted but a fee of $250.00 shall be assessed. fn 3-14.4 Filing Timely Amendments fn . An application filed by an applicant or registrant is a continuing application and the applicant or registrant has an obligation to keep the responses to the questions current, complete and correct by the filing of timely amendments to the application, on forms provided upon request from the Board, until the date of an applicant's submission to the Oath of Attorney in Florida. An amendment to application is considered timely when made within 30 days of any occurrence that would change or render incomplete any answer to any question on the application. fn 3-14.5 Timely Processing fn . In order to ensure timely processing of the background investigation, an applicant or registrant shall be responsive to Board requests for further information. The Bar Application must be vigorously pursued by the applicant or registrant. fn 3-14.6 Non-Compliance fn (a) An applicant's failure to respond to inquiry from the Board within 90 days may result in termination of the applicant's bar application and require reapplication and payment of all fees as if the applicant were applying for the first time. fn (b) A registrant's failure to respond to inquiry from the Board with 120 days may result in cancellation of the registrant's application and require full payment of the student registration fee. fn 3-15 Withdrawal of a Bar Application without Prejudice fn . An applicant or registrant may request withdrawal of a bar application without prejudice. The Board shall consider acceptance of the request but may continue its investigative and adjudicative functions to conclusion. fn 3-16 Withdrawal of a Bar Application with Prejudice fn . An applicant or registrant may request withdrawal of a bar application with prejudice. The Board shall accept the withdrawal and immediately dismiss its investigative and adjudicative functions. An applicant or registrant who files a withdrawal with prejudice shall be permanently barred from filing a subsequent application for admission to The Florida Bar. fn 3-17 Extraordinary Investigative Expenses fn 3-17.1 Transcript or Records Cost fn . The cost of a transcript or any record or document reasonably required by the Board in the conduct of investigative or adjudicative functions shall be paid by such applicant or registrant. fn 3-17.2 Petition for Extraordinary Expenses fn . Upon a showing of actual or anticipated extraordinary expenditures by the Board, the Court may order any applicant or registrant to pay to the Board additional sums including attorney's fees or compensation necessary in the conduct of an inquiry and investigation into the character and fitness and general qualifications of such applicant or registrant including the procurement and presentation of evidence and testimony at a formal hearing held in response to Specifications. fn 3-17.3 Fee for Extraordinary Expenses fn . If the Board is required to make further inquiry into the character and fitness of a registrant as provided by Rule 3-11, then a fee of $125.00 shall be assessed. fn 3-20 Investigative Process fn 3-21 Inquiry Process fn . The Board shall conduct an investigation and otherwise inquire into and determine the character and fitness of every applicant or registrant. In every such investigation and inquiry, the Board may obtain such information as bears upon the character and fitness of the applicant or registrant and take and hear testimony, administer oaths and affirmations, and compel by subpoena the attendance of witnesses and the production of books, papers and documents. fn 3-21.1 Refusal of Subpoena fn . Whenever any person subpoenaed to appear and give testimony or to produce books, papers or documents, refuses to appear to testify before the Board or to answer any questions, or to produce such books, papers or documents, such person may be in contempt of the Board. The Board shall report the fact that a person under subpoena is in contempt of the Board for such proceedings against such person as the Court may deem advisable. fn 3-22 Investigative Hearing fn . An applicant or registrant may be requested to appear for an investigative hearing. Such investigations and inquiries shall be informal but they shall be thorough, with the object of ascertaining the truth. Technical rules of evidence need not be observed. The admissibility of results of a polygraph examination shall be accordance with Florida law. An investigative hearing shall be convened before a division of the Board consisting of no fewer than 3 members of the Board. Any member of the Board may administer oaths and affirmations during the hearing. fn 3-22.1 Investigative Hearing Cost fn . Any applicant or registrant requested to appear for an investigative hearing shall pay the administrative cost of $80.00. fn 3-22.2 Response and Selection of a Preferred Hearing Date fn . An applicant or registrant who has been requested by Board letter to appear for an investigative hearing shall promptly respond to such letter. Failure to respond within 60 days shall result in termination of the bar application and shall require reapplication and payment of all fees as if the applicant or registrant were applying for the first time. The hearing shall be scheduled upon receipt of the notice of preference for scheduling and investigative hearing cost fee. fn 3-22.3 Investigative Hearing Postponement fn . Postponement of a previously scheduled investigative hearing shall be permitted upon good cause and written request when accompanied by a fee of $50.00 if the request is received at least 15 days prior to the hearing or a fee of $75.00 if such request is received less than 15 days before the hearing. fn 3-22.4 Board Waiver of an Investigative Hearing fn . In cases where the facts are undisputed regarding an applicant's or registrant's prior conduct which bears adversely upon such person's character and fitness for admission to the Bar, the Board may forgo an investigative hearing and proceed directly with the filing of Specifications as provided below. fn 3-22.5 Board Action Following an Investigative Hearing. fn After an investigative hearing, the Board shall make one of the following determinations: fn (a) that the applicant or registrant has established his or her qualifications as to character and fitness; fn (b) that a Consent Agreement be entered into with the applicant in lieu of the filing of Specifications pertaining to drug, alcohol or psychological problems. In a Consent Agreement, the Board shall be authorized to recommend to the Court the admission of the applicant who has agreed to abide by specified terms and conditions upon admission to The Florida Bar; fn (c) that further investigation into the applicant's or registrant's character and fitness is warranted; fn (d) that Specifications be filed charging the applicant or registrant with matters which if proven would preclude a favorable finding by the Board. fn 3-22.6 Investigative Transcript Cost fn . The cost of a transcript reasonably required by the Board in the conduct of investigative or adjudicative functions shall be paid by the applicant or registrant. fn 3-23 Specifications fn . Specifications are a formal charging document filed in those cases where the Board has cause to believe that the applicant or registrant is not qualified for admission to The Florida Bar. If the Board votes to prepare and file Specifications, the Specifications are served upon an applicant or registrant. The response to Specifications shall be filed in the form of a sworn, notarized answer to the Specifications within 20 days from receipt of the Specifications. fn 3-23.1 Failure to File the Answer fn . If an applicant or registrant fails to file an answer to the Specifications within such time or within any extension of that time allowed by the Board, the Specifications shall be deemed admitted. The Board shall enter findings of fact, finding the Specifications proven, and appropriate conclusions of law, which may include a recommendation that the applicant not be admitted to The Florida Bar or that the registrant has not established his or her qualifications as to character and fitness. fn 3-23.2 Formal Hearing fn . Upon receipt of the answer to Specifications, notice of the dates and locations available for the scheduling of the formal hearing on the Specifications shall be provided. Formal hearings shall be conducted before a quorum of the Board which shall consist of not less than 5 members. The formal hearing panel shall consist of members of the Board other than those who participated in the investigative hearing. This provision may be waived with the consent of the applicant or registrant. The weight to be given all testimony and exhibits received in evidence at a formal hearing shall be considered and determined by the Board. The Board is not bound by technical rules of evidence at a formal hearing. The admissibility of results of a polygraph examination shall be in accordance with Florida law. fn 3-23.3 Formal Hearing Cost fn . Any applicant or registrant who is the recipient of Specifications that require the scheduling of a formal hearing shall pay the administrative cost of $300.00. fn 3-23.4 Selection of a Preferred Formal Hearing Date fn . The applicant or registrant and the Board shall agree on a date and location for the formal hearing. If the applicant or registrant fails to agree on one of the dates and locations proposed by the Board, the Board shall set the date and location of the hearing. If the applicant or registrant, without good cause, fails to attend the formal hearing, the Specifications shall be deemed admitted and the Board shall enter findings of fact, finding the Specifications proven, and appropriate conclusions of law, which may include a recommendation that the applicant not be admitted to The Florida Bar or that the registrant has not established his or her qualifications as to character and fitness. fn 3-23.5 Formal Hearing Postponement fn . Postponement of a previously scheduled formal hearing shall be permitted upon good cause and written request when accompanied by a fee of $100.00 if request is received between 45 and 31 days prior to the hearing or $200.00 if request is received between 30 and 15 days prior to the hearing or $300.00 if such request is received less than 15 days before the hearing. fn 3-23.6 Board Action Following Formal Hearing fn . Following the conclusion of a formal hearing, the applicant or registrant shall be notified promptly by the Board of its decision which shall include one of the following recommendations: fn (a) that the applicant or registrant has established his or her qualifications as to character and fitness; fn (b) that the applicant be conditionally admitted to The Florida Bar in exceptional cases involving drug, alcohol or psychological problems upon such terms and conditions as are specified by the Board; fn (c) that the applicant's admission to The Florida Bar be withheld for a specified period of time not to exceed 2 years. At the end of the specified period of time, the Board shall recommend the applicant's admission providing the applicant has complied with all special conditions outlined in the Findings of Fact and Conclusions of Law; fn (d) that the applicant or registrant has not established his or her qualifications as to character and fitness. In cases involving material omissions or misrepresentations in the application process, the Board may within its discretion further recommend that the applicant or registrant be disqualified from filing with the Court a petition for rehabilitation for a period greater than 2 years up to 5 years. fn 3-23.7 Findings of Fact and Conclusions of Law fn . In cases involving a recommendation other than (a) above, the Board shall expeditiously issue its written Findings of Fact and Conclusions of Law. The Board's findings, conclusions and recommendation shall be subject to review by the Court as specified under Rule 3-40. fn 3-23.8 Formal Transcript Cost fn . The cost of a transcript reasonably required by the Board in the conduct of investigative or adjudicative functions shall be paid by such applicant or registrant. fn 3-23.9 Negotiated Consent Judgments fn . Counsel for the Board and an applicant or registrant may waive a formal hearing and enter into a proposed consent judgment. Such consent judgment shall contain a proposed resolution of the case pursuant to one of the Board action recommendations specified above. If the consent judgment is approved by the full Board, then the case shall be resolved in accordance with the consent judgment without further proceedings. fn 3-30 Petition for Board Reconsideration fn . Any applicant or registrant who is dissatisfied with the Board's recommendation concerning his or her character and fitness may, within 60 days from the date of the Board's Findings of Fact and Conclusions of Law, file with the Board a petition for reconsideration with a fee of $125.00. The petition must contain new and material evidence which by due diligence could not have been produced at the formal hearing. Evidence of rehabilitation as provided by Rule 3-13 shall not be included in a petition for reconsideration. Only one such petition for reconsideration may be filed. fn 3-40 Petition for Court Review fn 3-40.1 Dissatisfied with Board's Recommendation fn . Any applicant or registrant who is dissatisfied with the Board's recommendation concerning such applicant's or registrant's character and fitness may petition the Supreme Court of Florida for review within 60 days from receipt of the Board's Findings of Fact and Conclusions of Law or within 60 days of receipt of notice of the Board's action on a petition filed under Rule 3-30. If not inconsistent with these rules, the Florida Rules of Appellate Procedure shall be applicable to all proceedings filed in the Supreme Court of Florida. A copy of such petition shall be served upon the Executive Director of the Board. Unless otherwise required, the Board's response shall be filed with the Court within 25 days after service of the petition. At the time of the filing of the Board's response, the Executive Director shall transmit the record of the formal hearing to the Court, and the Court shall decide whether such applicant or registrant meets the character and fitness requirements. fn 3-40.2 Dissatisfied with Length of Board's Investigation fn . Any applicant or registrant whose character and fitness investigation is not finished within 9 months from the date of submission of a completed bar application or student registration may petition the Supreme Court of Florida for an order directing the Board to conclude its investigation. If not inconsistent with these rules, the Florida Rules of Appellate Procedure shall be applicable to all proceedings filed in the Supreme Court of Florida. A copy of any such petition shall be served upon the Executive Director of the Board. The Board shall have 25 days after the service of said copy on the Executive Director in which to file a response to the petition and shall serve a copy upon the applicant or registrant. The matter shall be disposed of as the Court directs. fn ARTICLE V. SCHEDULE OF FEES fn Fees are subject to change by published order of the Supreme Court of Florida. The following fees, none of which will be refunded, shall be paid by the applicant. fn Section 1. fn The Application for Admission to The Florida Bar filed as a registrant as required by Article II, Section 1 shall be accompanied by a fee of $500.00. fn Section 2. fn The registration filed early as provided in Article II, Section 2 shall be accompanied by a fee of $75.00. fn Section 3. fn The registration filed early as provided in Article II, Section 3 shall be accompanied by a fee of $100.00. fn Section 4. fn The registration filed early as provided in Article II, Section 4 shall be accompanied by a fee of $200.00. fn Section 5. fn For the investigation and inquiry provided in Article II, Section 5 the registrant shall pay a fee of $125.00. fn Section 6. fn The application of applicants described in Article IV, Section 3.a. shall be accompanied by a fee of $375.00. fn Section 7. fn The application of applicants described in Article IV, Section 3.b. shall be accompanied by a fee of $875.00. fn Section 8. fn The application of applicants described in Article IV, Section 4 shall be accompanied by a fee of: fn a. as provided by Article IV, Section 4.a. ...... $1300.00. b. as provided by Article IV, Section 4.b. ...... $1600.00. c. as provided by Article IV, Section 4.c. ...... $2000.00. d. as provided by Article IV, Section 4.d. ...... $2500.00. fn Section 9. fn The application of applicants described in Article IV, Section 4.e. shall be accompanied by a fee of $5000.00. fn Section 10. fn The application of applicants described in Article IV, Section 4.f. shall be accompanied by a fee of $1800.00. fn Section 11. fn The application form described in Article IV, Section 2.a.(1) shall be accompanied by a fee of $425.00. fn Section 12. fn For an Application for Admission to The Florida Bar filed in a defective condition as described in Article IV, Section 1, the applicant shall pay a fee of $250.00. fn Section 13. fn Requests for copies of the application forms for admission to the General Bar Examination and for admission to The Florida Bar filed by persons other than students matriculating at the law schools within the State of Florida, the deans and librarians of such Florida law schools, and any other persons to be designated by the Board, shall be accompanied by a fee of $50.00. Any person having paid this fee shall have a like amount deducted from any application fee which is paid within 1 year from the receipted date of the payment of this fee. fn Section 14. fn Each request for a copy of any document or portion thereof, except for Form No. 1, Application for Admission to The Florida Bar, filed by an applicant in the course of such applicant's seeking admission to the General Bar Examination or The Florida Bar or for any certificate of the Board shall be accompanied by a fee of $25.00 for the first page and $.50 for each additional page. fn Section 15. fn Each request for a copy of the Form No. 1, Application for Admission to The Florida Bar, shall be accompanied by a fee of $35.00. fn Section 16. fn Any applicant called for an investigative hearing shall pay a fee of $80.00. fn Section 17. fn Any applicant called for a formal hearing shall pay a fee of $300.00. fn Section 18. fn Applicants seeking postponement of an investigative hearing shall be permitted to do so for good cause and if a written request of postponement is accompanied by $50.00 if such request is received at least 15 days prior to the hearing and by $75.00 if such request is received less than 15 days before the hearing. fn Section 19. fn Applicants seeking postponement of a formal hearing shall be permitted to do so for good cause and if a written request of postponement is accompanied by: fn a. $100.00 if such request is received at between 45 and 31 days prior to the hearing; or fn b. $200.00 if such request is received at between 30 and 15 days prior to the hearing; or fn c. $300.00 if such request is received less than 15 days before the hearing. fn Section 20. fn The cost of a transcript or any record or document reasonably required by the Board in the conduct of investigative or adjudicatory functions into the character and fitness of an applicant or a registrant shall be paid by such applicant or registrant. fn Section 21. fn A petition for reconsideration as provided under the provisions of Article III, Section 4.a. shall be accompanied by a fee of $125.00. fn Section 22. fn Petitions for reconsideration of an administrative ruling of the Board not covered by Article III, Section 4 and petitions relating to or involving a suspension or waiver of any rule, regulation or order shall be accompanied by a fee of $50.00. fn Petitions for reconsideration shall be filed with the Board within 60 days after receipt of written notice of the Board's action. fn Section 23. fn Fees for late filing for admission to the General Bar Examination as provided under Article VI, Section 5 herein shall be: fn a. as provided by Article VI, Section 5.a. ........... $100.00. b. as provided by Article VI, Section 5.b. ........... $275.00. c. as provided by Article VI, Section 5.c. ........... $525.00. d. as provided by Article VI, Section 5.d. ........... $1000.00. fn Section 24. fn Fees for postponement of admission to the General Bar Examination as provided under Article IV, Section 7 herein shall be: fn a. as provided by Article IV, Section 7.a. ............. $75.00. b. as provided by Article IV, Section 7.b. ............. $150.00. fn Section 25. fn The release of impounded grades as provided for by Article III, Section 1.a. shall be accompanied by a fee of 100.00. fn Section 26. fn For each examination administration entered after the first which must be paid by the deadlines prescribed in Article VI, Section 8, a fee of $375.00. fn The term "administration" refers to any one of the two annual presentations specified under Article VI, Section 4. The second presentation entered, whether to repeat a part or parts of the examination or attempt a part or parts of the examination for the first time, requires payment of this fee. fn Section 27. fn The examinees using a typewriter to complete answers to the essay portions of the General Bar Examination shall pay a fee of $100.00. fn Section 28. fn The Board shall honor requests received in writing for copies of the essay-type questions which appeared on a previously administered General Bar Examination. Each such request shall be accompanied by a fee of $25.00. fn Section 29. fn Each request from an applicant for a copy of such applicant's answers to essay-type questions from a single General Bar Examination shall be accompanied by a fee of $50.00. fn Section 30. fn Upon a showing of actual or anticipated extraordinary expenditures by the Board, the Court may order any applicant or registrant to pay over to the Board additional sums including Board attorney's fees or compensation necessary in the conduct of an inquiry and investigation into the character and fitness and general qualifications of such applicant or registrant including the procurement and presentation of evidence and testimony at a formal hearing held in response to Specifications. fn ARTICLE VI. EXAMINATIONS fn RULE 4. BAR EXAMINATION fn 4-10 General Information fn Section 1. fn 4-11 Florida Bar Examination fn An applicant may not submit to any portion of the Florida Bar Examination unless the undergraduate and law school educational requirements have been met pursuant to Article III, Section 1. fn a. fn The General Bar Examination will consist of two parts (A and B). Part A will consist of a combination of essay and multiple choice questions and Part B will consist of the Multistate Bar Examination (MBE). The General Bar Examination shall test the applicant's ability to reason logically, to analyze accurately the problem presented,and to demonstrate a thorough knowledge of the fundamental principles of law and their application. fn b. The purpose of the Multistate Professional Responsibility Examination (MPRE) is to measure the applicants' knowledge of the ethical standards of the legal profession. fn 4-12 Requirement to Submit fn . All individuals who seek the privilege of practicing law in the State of Florida shall submit to the Florida Bar Examination. fn 4-13 Educational Qualifications. fn In order to submit to any portion of the Florida Bar Examination an applicant must provide evidence of receipt of or completion of the requirements for the degree of Bachelor of Laws or Doctor of Jurisprudence from an accredited law school or be found educationally qualified under the alternative method of educational qualification as provided in Rule 2-11.2. The law degree must have been received from an accredited law school or within 12 months of accreditation. fn 4-13.1 Definition of Degree Requirements fn . The term "completion of the requirements for the degree" refers to the time when completion of the requirements for graduation is recorded in the office of the law school dean or administrator. fn 4-13.2 Definition of Accredited fn . An "accredited" law school is any law school approved or provisionally approved by the American Bar Association at the time of the applicant's graduation or if graduation is within 12 months of accreditation. fn 4-14 Dates of Administration fn . The General Bar Examination shall be administered on the last Tuesday and Wednesday of February and July of each calendar year. The Multistate Professional Responsibility Examination is administered in March, August and November of each year. fn 4-15 Location of Administration fn . The General Bar Examination shall be held in such places in the State of Florida as the Board may from time to time direct. The Multistate Professional Responsibility Examination (MPRE) is administered three times each year throughout the country at various colleges and universities selected by the National Conference of Bar Examiners and its designee. fn 4-16 Publication of Examination Topics and Study Materials fn . The Board shall make public the topics upon which applicants shall be examined and also make such suggestions for the information and guidance of students as shall tend to promote their studies. An informational booklet about Part B is available and will be provided with the ticket of admission. fn 4-16.1 Part A Examination Study Guide fn . The Board shall produce a bar examination study guide that includes essay-type questions from two previously administered General Bar Examinations, sample answers to the essay questions and sample multiple-choice questions from Part A of the General Bar Examination. The study guide shall be forwarded upon written request accompanied by a fee of $25.00. fn 4-16.2 Copies of Essay Answers fn . The Board shall honor an applicant's request to obtain a copy of his or her answers to essay-type questions from a single General Bar Examination for the period of time from the release of the examination results until the administration of the next examination. The answers shall not reflect any grading marks and shall be forwarded upon written request accompanied by a fee of $50.00. fn 4-17 Special Testing fn 4-17.1 Accommodations fn . Special testing accommodations are provided by the Board at no additional cost to applicants. fn 4-17.2 Requests for Special Testing Accommodations. fn Applicants seeking testing accommodations due to disability must file a written petition for accommodations accompanied by supporting documentation or additional information as may be reasonably required on the forms supplied by the Board. The forms are available upon written request. Receipt of requests for special testing accommodations and supporting documentation are subject to the deadline and late filing fees applicable to all examinees. fn 4-18 Time Limitation on Passing Examination fn 4-18.1 Twenty-Five Months fn . An applicant must successfully complete the General Bar Examination and the Multistate Professional Responsibility Examination (MPRE) within 25 months of the date of the administration of any part of the examination that is passed. Should an applicant fail to pass all parts within 25 months of first passing any part, passing score(s) of individual parts older than 25 months are deleted. fn 4-18.2 Five Years fn . An applicant's successful completion of the Florida Bar Examination shall remain valid for a period of 5 years from the date of the administration of the last part of the Florida Bar Examination that was successfully completed. If the 5 year period expires without admission, an applicant shall, except for good cause shown, be required to retake the Florida Bar Examination and again pass all parts of the examination. fn Section 2. fn A portion of the General Bar Examination shall consist of questions in the form of hypothetical fact problems requiring essay answers. Questions may be designed to require answers based upon Florida case or statutory law of substantial importance. Essay questions may not be labeled as to subject matter. fn 4-20 General Bar Examination fn A portion of the General Bar Examination shall consist of questions in the form of hypothetical fact problems requiring essay answers. Essay questions may not be labeled as to subject matter. Questions may be designed to require answers based upon Florida case or statutory law of substantial importance. The General Bar Examination shall consist of two parts (A and B). Part A shall consist of a combination of essay and multiple choice questions and Part B shall consist of the Multistate Bar Examination (MBE). fn 4-21 Purpose fn . The General Bar Examination shall test the applicant's ability to reason logically, to analyze accurately the problem presented, and to demonstrate a thorough knowledge of the fundamental principles of law and their application. fn 4-22 Part A fn . Part A shall consist of six one-hour segments. One segment shall embrace the subject of Florida Rules of Civil and Criminal Procedure and the Florida Rules of Judicial Administration Rules 2.051, 2.060, and 2.160. The remaining five segments, each of which shall embrace no more than two subjects, shall be selected from the following subjects including their equitable aspects: fn Florida Constitutional Law Federal Constitutional Law Business Entities Including Corporations and Partnerships Wills and Administration of Estates Trusts Real Property Evidence Torts Criminal Law Contracts Family Law fn Chapter 4, Rules of Professional Conduct, and Chapter 5, Rules Regulating Trust Accounts, of the Rules Regulating The Florida Bar. fn 4-23 Part B fn . Part B shall consist of the Multistate Bar Examination (MBE) which is that examination offered to the several states by the National Conference of Bar Examiners and designated by that organization as the Multistate Bar Examination (MBE). fn 4-24 General Bar Examination Preparation and Grading fn . The Board may utilize the services of expert drafters to prepare bar examination questions, either by arranging for the drafting services of qualified persons, including out-of-state law teachers, or by using the services of the National Conference of Bar Examiners or another national agency. The Board may utilize the services of trained expert readers. Such readers shall be selected solely upon the qualifications of such individuals and without regard to the law colleges from which they graduated. fn 4-24.1 Essay Questions fn . Every essay question, whether drafted by the examiners or by expert drafters, shall be thoroughly briefed on every point of law in the question and the question shall be analyzed and approved by the Board preceding inclusion of the question on the General Bar Examination. fn 4-24.2 Machine-Scored Questions fn . Every machine-scored item of Part A must specify authority for the best response, and every such item and authority should be analyzed and approved by the Board preceding inclusion of the item on the General Bar Examination. fn 4-25 Submission Methods fn . Applicants who submit to the General Bar Examination shall do so for the sole purpose of fulfilling the admission requirements for The Florida Bar. An applicant may elect to submit to the General Bar Examination by either of the following methods: fn 4-25.1 Overall Method fn . Overall method shall be utilized if the applicant submits to Parts A and B during the same administration of the General Bar Examination. fn 4-25.2 Individual Method fn . Individual method shall be utilized if the applicant submits to only one part of the General Bar Examination. Applicants who elect to submit to only one part of the General Bar Examination under the individual method may not combine a score attained on one part from one administration with a score on the other part from a different administration. Applicants may not submit to Part A only using this method unless they have previously taken the Multistate Bar Examination (MBE) in Florida. fn 4-25.3 Retention of Passing Status fn . If an applicant attains a passing scaled score on only one part and elects to submit to the overall method of the General Bar Examination as described above, the previous passing status shall not be replaced by a failing status if the applicant fails to achieve a passing score on a subsequent submission effort. fn 4-26 Scoring Method fn . Each examination paper produced by an applicant on the General Bar Examination shall be separately graded. Papers shall be graded and credited by number and not by applicant's name. The name of the writer of the examination paper shall not be revealed by the staff to the members of the Board or readers or any source other than the Supreme Court of Florida. To ensure maximum uniformity in all grading of essay questions, the Board shall utilize the services of multiple calibrated readers. fn 4-26.1 Examination Scaling fn . The scores of each section of Part A shall be converted to a common scale by a recognized statistical procedure so that each section shall be equally weighted. The sum of the converted section scores shall be the total score for Part A. All total scores attained by the applicants on Part A shall be converted to the same distribution as their Multistate Bar Examination (MBE) scaled scores. Multistate Bar Examination (MBE) scores (Part B) are the scaled scores on the Multistate Bar Examination (MBE) provided by the National Conference of Bar Examiners. Scaled scores shall be used in order to ensure that the standard of measurement of competence from examination to examination is not affected by the difficulty of the particular test or the ability of that particular group as distinguished from the general population of applicants. fn 4-26.2 Pass/Fail Line fn . Each applicant must attain a scaled score of 131 or better on Part A and on Part B under the individual method and an average of 131 or better under the overall method, or such scaled score as may be fixed by the Court. fn 4-30 Multistate Professional Responsibility Examination fn The Multistate Professional Responsibility Examination (MPRE) shall be the examination offered to the several states by the National Conference of Bar Examiners designated by that organization as the Multistate Professional Responsibility Examination (MPRE). fn 4-31 Purpose fn . The purpose of the MPRE is to measure the applicant's knowledge of the ethical standards of the legal profession. fn 4-32 Applications and Filing Deadlines fn . Applications for admission into the Multistate Professional Responsibility Examination (MPRE) are distributed by and shall be filed with the designee of the National Conference of Bar Examiners that administers the MPRE within the time limitations set by that authority. fn 4-33 Scoring Method fn . Each examination paper produced by an applicant on the MPRE shall be separately graded. The raw score attained by each applicant shall be converted to a scaled score by the National Conference of Bar Examiners or its designee in order to ensure that the standard of measurement of competence from examination to examination is not affected by the difficulty of the particular test or the ability of that particular group as distinguished from the general population of applicants. fn 4-33.1 Transfer of Score fn . The applicant shall direct requests to transmit the score attained on the MPRE to the agency that administers the MPRE. Scores are transmitted on a certificate supplied by the agency and should be forwarded directly by that agency to the Board. MPRE scores attained by an applicant prior to the applicant's completion of law school educational requirements as set out in Rule 4-13 shall not be accepted. fn 4-33.2 Pass/Fail line fn . On the MPRE each applicant must attain a scaled score of 70 or better or such scaled score as may be fixed by the Supreme Court of Florida. fn Section 3.a. fn The Board shall be responsible for the preparation, grading and conducting of written examinations, and members thereof shall be willing and available to discuss with applicants general problems regarding the purposes, policies and procedures of the examination. The written examinations shall be held in such places in the State as the Board may from time to time direct. fn b. fn The Board may utilize the services of expert drafters to prepare bar examination questions, either by arranging for the drafting services of qualified persons, including out-of-state law teachers, or by using the services of the National Conference of Bar Examiners or other national agency. Before an essay question is accepted for use on the General Bar Examination, whether drafted by the examiners or by expert drafters, every point of law in the question shall be thoroughly briefed and the question shall be analyzed and approved by the Board. Every machine scored item of Part A as herein defined must specify authority for the best response, and every such item and authority should be analyzed and approved by the Board preceding inclusion of the item on the General Bar Examination. fn c. fn The Florida Bar Examination shall consist of a General Bar Examination and the Multistate Professional Responsibility Examination (MPRE). fn The General Bar Examination shall be designated as Part A and Part B and shall be administered only within the State of Florida. fn Part A shall be of six hours' duration and shall be composed of six one-hour segments to be promulgated by the Florida Board of Bar Examiners. fn One segment shall embrace the subject of Florida Rules of Civil and Criminal Procedure and the Florida Rules of Judicial Administration Rules 2.051, 2.060, and 2.160. The remaining five segments, each of which shall embrace no more than two subjects, shall be selected from the following subjects including their equitable aspects: fn Florida Constitutional Law Federal Constitutional Law Business Entities Including Corporations and Partnerships Wills and Administration of Estates Trusts Real Property Evidence Torts Criminal Law Contracts Family Law fn Chapter 4, Rules of Professional Conduct, and Chapter 5, Rules Regulating Trust Accounts, of the Rules Regulating The Florida Bar. fn Part B shall consist of the Multistate Bar Examination (MBE) which is that examination offered to the several states by the National Conference of Bar Examiners and designated by that organization as the Multistate Bar Examination (MBE); provided, however, that scores achieved by applicants on the Multistate Bar Examination administered by an admitting jurisdiction other than the State of Florida shall not be transferred to or recognized by the Board. The Multistate Professional Responsibility Examination (MPRE) shall be the examination offered to the several states by the National Conference of Bar Examiners designated by that organization as the Multistate Professional Responsibility Examination (MPRE), which examination is administered generally three times each year throughout the country at various colleges and universities selected by the National Conference of Bar Examiners and its designee. fn Section 4. fn The General Bar Examination shall be administered on the last Tuesday and Wednesday of February and July of each calendar year. fn 4-40 Application for the General Bar Examination fn 4-41 Exam Application and Supporting Documents fn . In order to be considered complete each Exam Application (Form 1-A), must be complete, sworn to and notarized and accompanied by: fn 1) the appropriate applicant filing fee (application fee, postponement fee or reapplication fee); fn 2) a current 2" x 2" photograph; fn 3) one complete set of fingerprints taken on a card provided by the Board and certified by an authorized law enforcement officer; and fn 4) other supporting documents or additional information as may be required on the Form 1-A. fn 4-42 Examination Filing Deadlines fn Section 5. fn 4-42.1 February Filing Deadline fn . fn 4-42.2 July Filing Deadline. fn 4-42.3 Deadline for Special Testing Accommodations fn . Petitions for accommodations and supporting documentation are subject to the examination filing deadlines. Applicants seeking special testing accommodations are encouraged to file the examination application, petition and supporting documents by the examination filing deadline to avoid examination late filing fees. fn 4-42.4 Cut-off for Special Testing Accommodations fn . To avoid an undue burden upon the Board while making final preparations for the administration of the bar examination, a minimum amount of time is required for the orderly processing of a request for accommodations. Except for emergency petitions as designated by the Board, no request for special testing accommodations shall be processed if postmarked or received after February 1 for the February Examination or after July 1 for the July Examination. fn 4-43 Filing After the Deadline. fn of: fn as set out below, completion of the Form 1-A, as appropriate, and receipt of all supporting documents: fn a. $100.00 as specified under Article V, Section 23.a., for those applications postmarked or received on or before December 15 for the February examination, and for those applications postmarked or received on or before June 1 for the July examination; fn b. $275.00 as specified under Article V, Section 23.b., for those applications postmarked or received on or before January 15 for the February examination, and for those applications postmarked or received on or before July 1 for the July examination; fn c. $525.00 as specified under Article V, Section 23.c., for those applications received on or before February 15 for the February examination and for those applications received on or before July 15 for the July examination; fn d. $1000.00 payable by certified check, cashier's check or money order as specified under Article V, Section 23.d., for those applications received after February 15 for the February examination and after July 15 for the July examination. fn 4-43.1 $100.00 fn . If complete application is postmarked or received on or before December 15 for the February examination or June 1 for the July examination, the fee shall be $100.00. fn 4-43.2 $275.00 fn . If complete application is postmarked or received on or before January 15 for the February examination or July 1 for the July examination, the fee shall be $275.00. fn 4-43.3 $525.00 fn . If complete application is received on or before February 15 for the February examination or July 15 for the July examination, the fee shall be $525.00. fn 4-43.4 $1000.00 fn . If complete application is received after February 15 for the February examination or after July 15 for the July examination, the fee shall be $1000.00. This fee is payable only by certified check, cashier's check or money order. fn 4-44 Filing Deadline on Weekend or Holiday. fn a fn the examination filing fn prescribed by this rule shall fall fn falls fn Applications for admission into the Multistate Professional Responsibility Examination (MPRE) shall be filed with the agency administering that examination within the time limitations set by that authority. The Multistate Professional Responsibility Examination (MPRE) is currently administered in March, August and November of each year. fn 4-45 Typing Accommodations fn . Applicants are permitted the use of a typewriter to complete answers to the essay portions of the General Bar Examination. Typewriters with a memory or any programmable capacity including a spelling dictionary shall not be permitted. Applicants seeking to use a typewriter shall complete a form supplied by the Board and shall pay a fee of $100.00. fn 4-46 Examination Postponement fn . Postponement of submission to an individual part or to the entire General Bar Examination shall be accommodated upon receipt of written notice. The date of notice shall define the applicable postponement fee due when refiling for a future examination. fn 4-47 Reapplication after Postponement fn . Applicants seeking to reapply after postponing as indicated above shall be permitted admission into another General Bar Examination upon the refiling of the Exam Application (Form 1-A) and receipt of the applicable postponement fee. In order to be timely filed, the completed application and appropriate fee must be received by the examination filing deadline. If the Form 1-A is not postmarked on or before the filing deadline or if filed incomplete, the appropriate examination late filing fee shall be applicable. fn 4-47.1 $75.00 fn . If the written notice of postponement is received at least 7 days before the commencement of the administration of the examination, a fee of $75.00 is due. fn 4-47.2 $150.00 fn . If the written notice of postponement is received less than 7 days before the commencement of the administration of the examination, a fee of $150.00 is due. fn 4-48 Examination Reapplication fn . Applicants seeking to repeat all or part of the General Bar Examination or to submit to a second administration of the General Bar Examination shall be permitted admission upon the refiling of the Exam Application (Form 1-A) and the receipt of the reapplication fee of $375.00. In order to be timely filed, the completed application and fee must be received by the examination filing deadline. If the Form 1-A is not postmarked on or before the filing deadline or if filed incomplete, the appropriate examination late filing fee shall be applicable. fn Section 6. fn An applicant may elect to submit to the General Bar Examination by either of the following methods: fn a. fn Method 1 (compensatory model) may be utilized only by applicants who submit to Parts A and B during the same administration of the General Bar Examination. To pass on Method 1 an applicant must have an average scaled score of 133 or better prior to July 1, 1982, and an average scaled score of 131 or better after July 1, 1982. fn b. fn Method 2 (multiple cutoff model) may be utilized by applicants who submit to only one part of the General Bar Examination. To pass on Method 2 an applicant must have a scaled score of 133 or higher prior to July 1, 1982, and 131 or higher after July 1, 1982. fn Applicants who elect to submit to only one part of the General Bar Examination on a given administration shall utilize Method 2 and may not combine a score attained on one part from one administration with a score on the other part from a different administration. Such applicants shall have taken the Multistate Bar Examination (MBE) previously (unless, of course, the Multistate Bar Examination is the only part that they are taking). fn An applicant who has attained a passing scaled score on only one part and who elects to submit to the compensatory model (Method 1) of the General Bar Examination as described above shall retain such passing scores on said part even though such applicant shall fail to achieve a passing score on that part on subsequent administrations. fn Section 7. fn Each examination paper produced by an applicant on the General Bar Examination shall be separately graded. The scores of each section of Part A shall be converted to a common scale by a recognized statistical procedure so that each section will be equally weighted. The sum of the converted section scores will be the total score for Part A. All total scores attained by the applicants on Part A shall be converted to the same distribution as their Multistate Bar Examination (MBE) scaled scores. Multistate Bar Examination (MBE) scores (Part B) are the scaled scores on the Multistate Bar Examination (MBE) provided by the National Conference of Bar Examiners. Scaled scores shall be used in order to assure that the standard of measurement of competence from examination to examination is not affected by the difficulty of the particular test or the ability of that particular group as distinguished from the general population of applicants. Papers shall be graded and credited by number and not by applicant's name. The name of the writer of the examination paper shall not be revealed by the staff to the members of the Board or readers or any source other than the Supreme Court of Florida. Each applicant must attain a scaled score of 133 or better prior to July 1, 1982, a scaled score of 131 or better after July 1, 1982, on Part A and on Part B under Method 2 and an average of 133 or better prior to July 1, 1982, and an average of 131 or better after July 1, 1982, under Method 1, or such scaled score as may be fixed by the Court. fn a. fn The Board may utilize the services of trained expert readers. Such readers will be selected solely upon the qualifications of such individuals and without regard to the law colleges from which they graduated. fn b. fn To assure maximum uniformity in all grading, the Board will utilize the services of multiple calibrated readers. fn c. fn Each examination paper produced by an applicant on the Multistate Professional Responsibility Examination (MPRE) shall be separately graded. The raw score attained by each applicant shall be converted to a scaled score by the National Conference of Bar Examiners or its designee in order to assure that the standard of measurement of competence from examination to examination is not affected by the difficulty of the particular test or the ability of that particular group as distinguished from the general population of applicants. fn Each applicant must attain a scaled score of 70 or better or such scaled score as may be fixed by the Court. fn Each applicant shall be required to provide score reports directly to the Florida Board of Bar Examiners from the National Conference of Bar Examiners or its designee. fn Section 8. fn Every qualified applicant who desires to repeat any part of the General Bar Examination shall file an Application for Admission into the General Bar Examination on a form prescribed by the Board and such application shall be accompanied by a fee of $375.00 as prescribed under Article V, Section 26 and shall be filed in the Board's office within the deadlines as specified under the provisions of Article VI, Section 5, as they pertain to the examination which such applicant desires to take. fn Section 9. fn a. An applicant must successfully complete the General Bar Examination and the Multistate Professional Responsibility Examination (MPRE) within 25 months of the date of the administration of any part of the examination which is passed. Should an applicant fail to pass all parts within 25 months of first passing any part, passing score(s) of individual parts older than 25 months are deleted. fn b. The Application for Admission to The Florida Bar must be filed no later than 90 days from the date of notice that success has been attained on both the General Bar Examination and the Multistate Professional Responsibility Examination (MPRE). Failure to comply with such filing deadlines will result in required reapplication for admission to the Florida Bar Examination and successful completion of all of the examination. fn Section 10. fn From time to time throughout the year, to be determined by the Supreme Court of Florida, the Board shall make its recommendations to the Supreme Court of Florida in accordance with Article VII, Section 1. fn Section 11. fn The Board shall notify all persons submitting to any part of the General Bar Examination at the last administration thereof whether such person has passed or failed any or all parts of said examination except those persons whose grades have been impounded by the Supreme Court of Florida. The date of such notification shall be set pursuant to Article VI, Section 10. At that time those persons who have passed all parts of the examination but who have not been recommended to the Supreme Court for admission to The Florida Bar will be further advised of the status of their applications. fn Section 12. fn Applicants will be notified whether their Multistate Professional Responsibility Examination (MPRE) scores qualify as a passing score. fn Section 13. fn No information regarding applicants' scores shall be released except as directed by the Supreme Court of Florida. fn 4-50 Examination Administration fn 4-51 Rules of Conduct. fn Section 14.a. fn Applicants who submit to the General Bar Examination shall do so for the sole purpose of fulfilling the admission requirements for The Florida Bar. fn as set out below. fn including the following: fn (1) fn 4-51.1 Use of Unauthorized Materials fn . fn (2) fn 4-51.2 Receipt of Unauthorized Aid. fn (3) fn 4-51.3 Observance of Exam Start/Stop Announcements fn ; and fn (4) fn 4-51.4 Observance of Confidentiality of Machine-Scored Questions fn b. fn 4-52 Consequences of Violation of Rules fn Article III, Sections 2 and 3 fn Rule 3 fn 4-53 Examination Proctors fn . The Board may from time to time elicit the assistance of other members of The Florida Bar in proctoring the bar examination. fn 4-60 Release of Examination Results fn 4-61 Confidentiality fn . No information regarding applicants' scores shall be released except as authorized by the Rules or as directed by the Supreme Court of Florida. fn 4-62 General Bar Examination fn . The Board shall notify all persons submitting to any part of the General Bar Examination whether such person has passed or failed any or all parts of the examination except those persons whose grades have been impounded by the Supreme Court of Florida. fn 4-62.1 Impoundment of Examination Results fn . Results of the General Bar Examination shall be impounded by the Court if the applicant fails to pay the full balance of any application or examination late filing fee or if the applicant is suspected of a violation of the examination administration rules of conduct. fn 4-62.2 Release of Impounded Examination Results fn . Upon submission of documentation that establishes that the applicant has paid all application and late fees and is determined not to have violated examination administration rules of conduct, upon payment of a $100.00 impoundment fee, the Board shall request the Court to release the impounded grades. fn 4-62.3 Date of Release fn . The date for release of the results from the General Bar Examination shall be set by the Court. At that time all applicants who have passed all parts of the examination but who have not been recommended to the Court for admission to The Florida Bar shall be advised of the status of their bar application. fn 4-63 Multistate Professional Responsibility Examination fn . Applicants shall be notified by letter whether their Multistate Professional Responsibility Examination (MPRE) scores transferred to Florida are accepted. fn 4-64 Invalidation of Examination Results fn . Results of the Florida Bar Examination shall be invalidated if the applicant fails to establish that the law school graduation requirements were completed before the applicant submitted to the Florida Bar Examination. fn ARTICLE VII. CERTIFICATION TO THE SUPREME COURT AND ADMISSION TO THE FLORIDA BAR fn RULE 5. RECOMMENDATIONS AND JURISDICTION fn 5-10 Recommendations and Admission fn Section 1. fn who has fn who has fn complied with the requirements of the applicable rules for admission into The Florida Bar, fn has: fn is 18 years of age or older shall be recommended by the Florida Board of Bar Examiners to the Supreme Court of Florida for admission to The Florida Bar. fn (a) Furnished to the Board satisfactory evidence that an accredited law school as specified in Article III, Section 1.a., has conferred upon the applicant the degree of Bachelor of Laws or Doctor of Jurisprudence and who has complied with all other requirements for admission to practice the profession of law; fn (b) Or complied with all requirements except the conferral of the first degree in law as set out in Article III, Section 1.a., but who has been declared by the Board as being fully qualified under the aforementioned Article III, Section 1.b.; shall be recommended by the Florida Board of Bar Examiners to the Supreme Court of Florida for admission to The Florida Bar. If the Court is satisfied as to the qualifications of the applicant so recommended, an Order of admission shall be made and entered in the minutes of the Court, and it shall designate the manner in which all applicants will take the oath. Two induction ceremonies shall be scheduled each year at which the oath shall be administered by the Chief Justice of the Court or a Justice thereof before the Court in formal session or by the Chief Judge of a District Court of Appeal or a Judge thereof before a District Court of Appeal in formal session. Any applicant who chooses not to attend such formal session may take the oath before any resident Circuit Judge or before such other official authorized to administer oaths. All applicants shall present themselves for such administration of the oath not later than 90 days from the date of notification of eligibility for admission by the Clerk of the Supreme Court of Florida. No certificate of admission to practice shall be issued until the oath of such applicant has been filed with the Board and the date of the oath has been forwarded by the Board to the Supreme Court of Florida and The Florida Bar. The Clerk shall maintain a permanent register of all persons so admitted. fn 5-11 Supreme Court Action fn . If the Court is satisfied as to the qualifications of the applicant so recommended, an order of admission shall be made and entered in the minutes of the Court, and it shall designate the manner in which all applicants shall take the oath. fn 5-12 Induction Ceremonies fn . Formal induction ceremonies shall be scheduled after each release of grades from the previous administration of the bar examination. The ceremonies shall be held at the Supreme Court of Florida or the First District Court of Appeal and at each of the other District Courts of Appeal. Attendance at an induction ceremony is voluntary. fn 5-13 Oath of Attorney fn . Any applicant who chooses not to attend an induction ceremony may take the oath before any resident Circuit Judge or other official authorized to administer oaths, such as a notary public. All applicants shall present themselves for such administration of the oath not later than 90 days from the date of notification of eligibility for admission by the Clerk of the Supreme Court of Florida. fn 5-13.1 Filing of the Oath fn . An executed copy of the Oath of Attorney must be filed with the Board. Upon receipt of the oath, the Board shall certify the applicant and the date of admission to the Supreme Court of Florida and The Florida Bar. The Clerk shall maintain a permanent register of all persons so admitted. fn 5-13.2 Certificate of Admission fn . The Certificate of Admission and a printed reproduction of the Oath of Attorney shall be issued upon receipt of the duly executed oath and the $22.00 fee for preparation of the certificate and printed reproduction. fn Section 2. fn 5-14 Board Jurisdiction after Admission fn 5-15 Bar Jurisdiction after Admission fn . If an applicant is granted admission by the Court pursuant to a Consent Agreement, then the terms and conditions of the applicant's admission shall be administered by The Florida Bar. The Board shall provide The Florida Bar access to all information gathered by the Board on a conditionally admitted applicant except information received by the Board under a specific agreement of confidentiality or otherwise restricted by law. If the applicant shall fail to abide by the terms and conditions of admission, then The Florida Bar is authorized to institute such proceedings as are consistent with the Rules Regulating The Florida Bar as to revocation of the license issued to the applicant pursuant to the Consent Agreement. fn The Board shall be notified of any disciplinary proceedings and shall have access to all information relating to the administration of a conditional admission, except information received by The Florida Bar under a specific agreement of confidentiality or otherwise restricted bylaw. fn