Rule XI Appeal From Board's Final Determination on Failing Grade. 1. Right to Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 2. Record on Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 3. Standard of Review

Section 1. Right to Appeal

A failing applicant who has filed a Petition for Review as provided in Rule X shall have the right to appeal from the order of the Board denying his Petition to the Chancery Court of Hinds County within thirty (30) days of entry of such order of denial.

Section 2. Record on Appeal

The Board must within thirty (30) days after the applicant's appeal is filed in Hinds County Chancery Court, or within such further time as the court may grant, file with the Court and serve upon the applicant an answer. The Board shall therewith forward to the Court applicant's Petition together with copies of examination questions (excluding the MBE), model answers or other analyses used in grading the examination, and the original of applicant's answers.

Section 3. Standard of Review

The grounds of appeal shall be limited to those specified in the applicant's Petition for Review before the Board. The Chancery Court shall not regrade the examination or substitute its judgment of the merits of the applicant's examination for the decision of the Board. The Board's decision to fail an applicant shall be reversed by the Chancery Court only if the applicant proves by a preponderance of the evidence that the Board's denial of his Petition was arbitrary, capricious or malicious. An appeal may be taken from the decision of the Chancery Court to the Supreme Court of Mississippi in accordance with the Mississippi Supreme Court Rules.