Rule XX
Organizational and Miscellaneous Powers of the Board
(a) Upon completion of the tabulation of grades given on an
examination and approval of such tabulation by the Chairman, the grades shall be
mailed to the examinees at the addresses given on their Applications. The Deans
of the Law Schools in the State of Texas shall be furnished a list of the
candidates passing the Bar examination after release of results to the
individual candidates. Prior to mailing grades to examinees, no grades shall be
given by the Board by telephone to any person, nor shall any Board member or
employee of the Board give grades in person to an examinee or anyone inquiring
on behalf of an examinee.
(b) Unless the Court designates the member of the Board who
shall serve as Chairman, the Board shall have authority to select a Chairman.
The Board shall select other officers from its own membership, assign their
respective duties, may delegate power and authority to one or more of its
members, and shall have authority to formulate the procedure of the Board.
(c) The Board shall keep and maintain its files on Declarants
and Applicants until such time as their destruction is authorized, as follows:
(1) Files in which a regular
license has been issued shall be destroyed five (5) years from the date the
license was issued.
(2) Files in which a Probationary
License has been issued but no Regular License has been issued shall be
destroyed ten (10) years from the date of the last formal activity on the file
(i.e., petition for redetermination, hearing, order, expiration of last term of
probationary license, issuance of regular license following redetermination
hearing, etc.).
(3) Files in which a Declaration,
but not an Application, has been filed shall be destroyed five (5) years from
the date the Declaration was filed.
(4) Files in which an Application
has been filed, but no Regular or Probationary License issued, shall be
destroyed five (5) years from the date of the last formal activity on the file
(i.e., Re-Application, examination, hearing, petition for redetermination,
etc.), after inputting into the Board’s computer database pertinent and
necessary data contained therein.
(d) Insofar as may be consistent with these Rules, the Board is
authorized to make all reasonable regulations, including written interpretations
of general application with respect to these Rules or provisions of general
application for relevant subjects not covered by these Rules. The Board may also
prescribe forms and certificates to be executed by Applicants for admission to
the Texas Bar, whether for a first license to practice law or as a practicing
attorney of another jurisdiction, or certificates or other forms to be executed
by or on behalf of the Board itself.
(e) The Board is given discretion in the interpretation and
application of these Rules. For good cause shown to the satisfaction of the
Board, upon written request, waivers of specific requirements described in these
Rules may be granted, unless it appears therefrom that no exceptions are
contemplated by the Supreme Court.
(f) The Board may, in conjunction with its investigation of
moral character and fitness or the administration of the bar examination,
require Declarants and Applicants to furnish a complete set of fingerprints.
(g) The Board may delegate its duties to a panel of the Board or
to the staff, as necessary and where not prohibited by law; provided, however,
that the Board shall not delegate to staff its authority to make final
determinations that an Applicant or Declarant lacks the requisite good moral
character and fitness.
(h) The Supreme Court hereby creates the Board of Law Examiners
Fund which shall be comprised of all fees and monies received and interest
earned by the Board and shall be used by the Board to administer the functions
of the Supreme Court and the Board relating to the licensing of lawyers as
directed by the Court. The Fund shall be maintained in one or more financial
institutions in Texas, as designated by the Board.
(i) The Board shall have full power to contract for the
performance of all of its functions, and any person dealing or contracting with
the Board shall be conclusively entitled to rely upon the Board’s written
determination that the expense thus incurred or contracted is for a proper
function of the Board.
(j) The disbursement of funds shall be according to such rules,
regulations and budgets as the Board may adopt. The Board shall keep a full
record of such receipts and disbursements.
Rulebook
since August 29, 2003
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