SECTION 511.96. Appeal from Denial of Request

(a) If an applicant's accommodation request is rejected, denied in whole or in part, or modified by the board for any reason, the applicant shall be notified in writing of the reason(s), postmarked no later than 30 days after the final filing date of the examination for which the applicant has applied. The 30 days may be extended when an applicant has been notified in writing that the applicant has failed to provide the complete information requested by the board. The board shall advise the applicant of the right to appeal, including the procedures to follow.

(b) If the denial is based on the rejection of the professional's opinion supporting the request, the board shall support such rejection with evidence from another professional whom it has consulted in evaluating an applicant's request. The applicant shall be provided with the general opinion of the board's evaluator, including the basis for the opinion.

(c) An applicant's appeal of a decision denying his/her request in whole or in part shall be in the form of a signed or otherwise verified request, including the following:

(1) applicant's name;

(2) date of request; and

(3) facts in support of the appeal.

(d) The appeal shall be accompanied by documentation not previously provided which an applicant wishes the board to consider in its decision. The appeal shall be received or postmarked no later than 20 days after the applicant receives notification of the denial.

(e) The board reserves the right to request further evidence on the necessity of the accommodation. Based on its judgment, the board may request that an applicant submit to another professional examination to verify the disability and/or to determine what accommodations are most appropriate and effective. In such a case, the board shall assume responsibility for any expenses incurred in obtaining this information.

Source Note: The provisions of this §511.96 adopted to be effective May 6, 1997, 22 TexReg 3709; amended to be effective August 8, 2012, 37 TexReg 5774; amended to be effective February 8, 2017, 42 TexReg 425; amended to be effective June 2, 2021, 46 TexReg 3406