Cal. Code Regs. tit. 16 § 1035

Current through Register 2024 Notice Reg. No. 41, October 11, 2024

Section 1035 - Examination Review Procedures; Appeals

(a) An candidate who has failed an examination shall be provided with notice, upon written request, of those areas in which he/she is deficient.

(b) An unsuccessful candidate who has been informed of the areas of deficiency in his/her performance and who has determined that one or more of the following errors was made during the course of his/her examination and grading may appeal to the board within sixty (60) days following receipt of his/her examination results:

(1) Significant procedural error in the examination process;

(2) Evidence of adverse discrimination;

(3) Evidence of substantial disadvantage to the candidate.

Such appeal shall be made by means of a written letter specifying the grounds upon which the appeal is based. The board shall respond to the appeal in writing and may request a personal appearance by the candidate. The board shall thereafter take such action as it deems appropriate.

(c) This section shall not apply to the portfolio examination of a candidate's competence to enter the practice of dentistry.

Cal. Code Regs. Tit. 16, § 1035

1. Amendment of subsection (f) filed 4-27-87; operative 4-27-87 (Register 87, No. 18).
2. Repealer of subsections (f)-(f)(2) and (h) and subsection relettering filed 7-12-95; operative 8-11-95 (Register 95, No. 28).
3. Renumbering and amendment of former section 1035 to new section 1033.1, and renumbering of former section 1038 to new section 1035 filed 2-13-98; operative 3-15-98 (Register 98, No. 7).
4. Amendment filed 11-5-2014; operative 11-5-2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 45).

Note: Authority cited: Section 1614, Business and Professions Code. Reference: Sections 1630- 1632, Business and Professions Code.

1. Amendment of subsection (f) filed 4-27-87; operative 4-27-87 (Register 87, No. 18).
2. Repealer of subsections (f)-(f)(2) and (h) and subsection relettering filed 7-12-95; operative 8-11-95 (Register 95, No. 28).
3. Renumbering and amendment of former section 1035 to new section 1033.1, and renumbering of former section 1038 to new section 1035 filed 2-13-98; operative 3-15-98 (Register 98, No. 7).
4. Amendment filed 11-5-2014; operative 11/5/2014 pursuant to Government Code section 11343.4(b)(3) (Register 2014, No. 45).