Rule 9 Admission by Examination

(a) Administration of the UBE. The Uniform Bar Examination is administered twice each year, in February and in July, on dates designated by the NCBE. The Board may administer the UBE in Vermont or, in its discretion, may cooperate with a neighboring state that has adopted the UBE to jointly administer the examination, so long as the examination is offered at a location reasonably convenient to Vermont.

(b) Examination Requirements and Passing Score.

(1) Sitting for Entire Examination. An Applicant must sit for all parts of the UBE at a single administration of the Exam.

(2) Passing Score. To pass the UBE for admission to the Vermont Bar, an Applicant must attain a score of 270 or higher.

(3) Limitation on Continued Sittings. An Applicant who has failed the bar examination four times will not be permitted to sit for the UBE in Vermont. For purposes of this rule, attempts to achieve a passing score on the UBE count toward the limit of four regardless of where the Applicant sat for the UBE. The four-attempt limitation may be waived upon a strong showing, to the Board’s satisfaction, that the Applicant has substantially improved the Applicant’s Exam preparation and there is good cause warranting the requested waiver

(c) Application Process. To be eligible to take the Uniform Bar Examination, an Applicant must file an Application with the Board. It is the Applicant’s burden of proof to establish compliance with the Application process.

(1) Application Contents. Each Application must:

(A) be on the appropriate Board-approved forms;

(B) include the Applicant’s NCBE number; and

(C) include a signed authorization and release form.

(2) Deadlines for Filing. An Application must be received on or before the applicable deadline.

(A) July Examination: Application must be received by the preceding April 15.

(B) February Examination: Application must be received by the preceding November 15.

(3) Late-Filed Application. A late-filed Application must be accompanied by an official law school transcript and a written request to the Board seeking permission for the late filing. The Applicant must demonstrate extraordinary circumstances to justify the late filing. The Board has discretion to accept or deny a late-filed petition.

(4) Proving Fulfillment of Education Requirements. Before taking the Uniform Bar Examination, the Applicant must prove fulfillment of the education requirements. The NCBE verification will suffice to demonstrate graduation from law school, but the Board has the discretion to request an official law school transcript to ensure compliance.

(5) Early Examination. An Applicant studying at an Approved Law School may sit for the UBE before graduation if the Applicant has successfully completed the equivalent of five semesters of full-time study (including academic instruction on each of the subjects tested on the UBE) prior to taking the UBE. Before sitting for the examination, the Applicant must submit an official law school transcript documenting that study and a letter from the law school stating that the school has determined that the Applicant is academically prepared for early testing. To qualify for admission, the Applicant must graduate from an Approved Law School within seven months after sitting for the UBE. The Applicant must also satisfy all other requirements for admission.

(6) Continuing Application. An Application is considered a continuing application, meaning the Applicant has a duty to supplement all information provided to the Board up to and including the date of admission to the Bar.

(7) Refiling Application. An Application must be refiled if an Applicant:

(A) does not sit for the examination as previously permitted;

(B) does not achieve a score of 270 or higher on the UBE;

(C) withdraws the Application; or

(D) is denied admission. If the Applicant is denied admission after achieving a passing score, the Applicant can use that passing exam score to satisfy the exam requirement for admission by examination for up to 5 years after the date of the administration of the exam.

(d) Notifying Applicants. The Board will send an informational letter to each Applicant, which will include at least the following:

(1) The dates, times, and locations for the UBE;

(2) An anonymous identification number to be used on all examination materials;

(3) An admission ticket to be used for admission to the UBE;

(4) The rules and procedures for the administration of the UBE; and

(5) The procedure for reporting of scores.

For the February Examination, the informational letter will be sent before February 1. For the July Examination, the informational letter will be sent before July 1.

(e) Identifying Applicants. At the examination site, Applicants are required to present government-issued photo-identification. Applicants may also be required to have their fingerprints taken for identification purposes.

(f) Deadline to Request Reasonable Accommodations. A request for reasonable accommodations for the UBE must be filed no later than the Application deadline, except upon a showing of extraordinary circumstances.