Section 190. Procedure for taking examination

Part VI. Filing an Application But Not Taking the Examination

An applicant who properly files for an examination with the Office of the Secretary but fails to take the examination shall forfeit the application fee for that examination unless:

1. By written notice to the Office of the Secretary such applicant requests that the application for examination on file be carried forward to an examination within one year of the date of the examination for which the original application was made.

a. Such notice shall be received by the Office of the Secretary of the board within 30 days of the date of the examination which the applicant missed;

b. The applicant shall thereafter timely file with the Office of the Secretary of the board such documents as are necessary to update the application for the subsequent examination, including: (i) a statement of intention to sit for such examination; (ii) a supplement to the applicant's character and fitness questionnaire; (iii) a notarized statement regarding any criminal offenses of which the applicant may have been convicted since the filing of the original application, or a statement that there have been none; and (iv) current certificates of good standing from the court of last resort of any jurisdiction to which the applicant has been admitted; and

c. In case the application fee for the examination has been increased since the examination for which the applicant did not appear, he shall pay the amount of the difference.

2. No portion of the application fee shall be refundable.

Historical Notes

Derived from VR168-01-02 § 6.1, eff. October 1, 1993.

Statutory Authority

§ 54.1-3922 of the Code of Virginia.