The Board of Law Examiners has the authority to bring charges against a test taker (applicant) for violation of their rules (22 NYCRR 6000). They will send the applicant a Notice of Charges that must be responded to within 30 days from the date of the letter.
Notably, the Notice of Charges does not normally provide any usable specific facts. Usually it simply alleges that the applicant violated a certain rule on a specific day by engaging in certain conduct. For example, it may state that “on July 22 while taking the MBE you possessed a restricted electronic device” or that “on July 21 while taking the New York portion you copied answers from the applicant in seat number ___.”
The Notice does not provide details nor does it present or summarize evidence. They only do so after you submit your verified statement challenging all or a part of the Notice of Charges. This puts the applicant in a very precarious position, as they must declare a position without knowing what evidence there may be against them or how strong it is.
This is very important as an initial denial can be a negative inference later on in the process should the applicant decide to admit after seeing the evidence.
Responding to a Notice of Charges should not be taken lightly as so much is riding on that initial action.