I. Licensing examinations

Licensing by written examination is typically administered by the staff of a state agency, not by or at any assembled meeting of a public entity, and thus would not fall within the Alabama Open Meetings Act. Separate statutes close: meetings of the Driver License Medical Advisory Board if reports are "received for the purpose of determining the medical condition of an applicant [for a driver's license] . . . since those reports are confidential under section 32-6-43," Ala. Code § 32-6-46, and hearings of the Medical Licensure Commission of the State Board of Examiners, Ala. Code § 34-24-361.1.

See generally, AS 08.01.010 et seq. and regulations adopted pursuant to this title with respect to occupational licensing. AS 08.01.090 provides that the Administrative Procedures Act, including the OMA, applies to proceedings held under the chapter governing licensing, except certain investigations and examinations of a business' books and records.

No directly applicable law, but OML should apply to all multi-member licensing boards because the examination is a deliberation with respect to a legal action.  See A.R.S. § 38-431(3), (6).

Act 1259 of 2001 amended the FOIA by adding an exemption that allows state boards and commissions to “meet in executive session for purposes of preparing examination materials and answers to examination materials which are administered to applicants for licensure . . . .” Ark. Code Ann. § 25-19-106(c)(5)(A). Also, boards and commissions “are excluded from [the FOIA] for the administering of examinations to applicants for licensure.” Id. § 25-19-106(c)(5)(B). Similar provisions had previously been enacted with respect to particular licensing agencies. E.g., Ark. Code Ann. § 17-100-203(a)(3) (allowing executive sessions of Board of Examiners in Speech-Language Pathology and Audiology to “prepare, approve, grade, or administer examinations”).

Under the Bagley-Keene Act, a state body that administers business or professional licenses to people may hold a closed session to prepare, approve, grade or administer exams. Cal. Gov't Code § 11126(c)(1). Under the Brown Act, a legislative body of a local agency may hold a closed session to discuss and determine whether an applicant for a license or license renewal, who has a criminal record, is sufficiently rehabilitated to obtain a license. Cal. Gov't Code § 54956.7.

Open. Local licensing authorities, e.g., liquor or special permit licensing boards, are political subdivisions of the state and thus within the definition of "local public body" of a "political subdivision of the state" subject to the Open Meetings Law. The 1991 amendments change the prior law in this regard. See Lasteika Corp. v. Buckingham, 759 P.2d 925 (Colo. App. 1987).

Liquor Licenses. In addition, public hearings on applications for beer and liquor licenses are required to be held by the local licensing authority, after public notice of the hearing and application has been posted. Colo. Rev. Stat. § 12-47-136(1) (liquor licenses); Colo. Rev. Stat. § 12-46-117(3) (beer licenses).

There are no specific provisions or exemptions in FOIA on this issue. There are also no reported court decisions on this issue.

An executive session may be allowed if an open session would result in the disclosure of exempt records. Conn. Gen. Stat. §1-200(6)(E). See Records Outline at II.A.2 and IV.

Licensing examinations may be closed under the open meeting exemption allowing for employees to close such meetings. See 29 Del. C. § 10004(b)(9). However, hearings on licenses may be open under the APA. See id. § 10131.

A meeting, or portion of a meeting, may be closed for the preparation, administration, or grading of scholastic, licensing, or qualifying examinations.  D.C. Code Ann. § 2-575(b)(6).

The application of open government laws to licensee examinations is addressed in the context of public records, rather than open meetings, presumably because most examinations are written and not oral. Questions and answer sheets of examinations administered by governmental agencies for purposes of licensure, certification or employment are exempt from the public records requirements. Fla. Stat. § 119.071(1)(a) (2020).

The Act does not exempt licensing examinations. Several of the state’s professional licensing bodies are permitted by their enabling statutes to conduct deliberations in closed session. See, e.g., O.C.G.A. § 43-11-12 (permitting non-disclosure of deliberations of the state dentistry board with respect to an application, an examination, a complaint, an investigation, or a disciplinary proceeding, except as may be contained in the official board minutes).

Meetings "[t]o consider and evaluate personal information relating to individuals applying for professional or vocational licenses" may be closed. Haw. Rev. Stat. § 92-5(a)(1).

Not specified.

An examination is not a meeting within the definition of the Act. It is very doubtful that such an examination would be open to the public. A meeting to discuss the contents of an examination most surely is justifiably closed under personnel exemptions, since test questions, scoring keys and other examination data used to administer an academic examination or determine the qualifications of an applicant for a license or employment are exempt from public disclosure under 5 ILCS 140/7(j) of the FOI Act.

Executive sessions, which are closed, may be held “[t]o prepare or score examinations used in issuing licenses, certificates, permits, or registrations.” Ind. Code § 5-14-1.5-6.1(b)(12). Furthermore, if the meeting is to discuss particular questions to be included in tests or to discuss results identifiable to a particular person, this meeting could be closed under the exemption for discussion of records classified as confidential by state or federal statute. See Ind. Code § 5-14-1.5-6.1(b)(7). Such records would be confidential under the Indiana Access to Public Records Act. Ind. Code §§ 5-14-3-4(a)(7), (b)(3)–(4).

While no Iowa statute governing the open/closed nature of licensing examination sessions has been found, it is unlikely that members of the public would be allowed to attend. Most such examinations are confidential. See e.g., Iowa Code §§ 542B.32 (engineers), 147.37 (nursing home administrators), and 544A.27 (architects); meetings to discuss confidential records need not be held in public. Iowa Code § 21.5(1)(a).

Although not addressed in KOMA, a state professional licensing board may exempt portions of their licensing proceedings from the law by statute.  See, e.g., K.S.A. 65-4925 (health care provider disciplinary proceedings).  Specific statutes governing a particular body supersede KOMA.  See Kan. Att’y Gen. Op. 92-51.

Presumptively open if a quorum of the members of a public agency are present to discuss or carry out public business [Ky. Rev. Stat. 61.810(1)], but may be closed to prevent disclosure of test questions or other examination data if the same exam is to be given again. Such records are exempt from disclosure under Ky. Rev. Stat. 61.878(1)(g) of the Open Records Act.

May be closed if they involve discussion of the character, professional competence, or physical or mental health of any person, unless that person requests an open meeting. La. Rev. Stat. Ann. § 42:17(A)(1). Otherwise, such examinations are open. Op. Att'y Gen. 74-1103 (administrative hearing to consider the revocation of a license and closing of a nursing home shall be open to the public); Op. Att'y Gen. 77-1 (City-parish council meeting to discuss the appeal of a denial of an alcoholic beverage control license must be open unless the character, professional competence, or physical or mental health of the potential licensee is discussed).

Closed to the public. 1 M.R.S.A § 405(G).

Meetings to prepare, administer, or grade scholastic, licensing or qualifying examinations may be closed. § 3-305(b)(11).

Not within scope of Open Meeting Law.

Not addressed.

Most state licensing agencies do not (and are not required to) conduct their business in meetings. Therefore, the Open Meeting Law would not apply. See Minn. Stat. § 13D.01, subd. 1.

Exempt. See § 25-41-7(4)(i).

Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again, may be closed. Mo.Rev.Stat. § 610.021(7).

Not a basis for closing a meeting.

No specific exemption.

Closed. NRS 241.030(1)(b).

There is no case law on this issue but such matters would probably support a nonpublic session. See RSA 91-A:5, IV.

A meeting of an effective majority of a public body to discuss these issues  is required to be open to the public unless the discussions fall into one of the categories set forth in N.J.S.A. 10:4-12b(1)-(9).

Subject to Open Meetings exclusion, except that portion in which evidence is offered or rebutted, shall be open. NMSA 1978 § 10-15-1(H)(1).

An executive session may be conducted for the preparation, grading or administration of examinations. N.Y. Pub. Off. Law § 105(1)(g) (McKinney 1988).

Professional licensing boards are exempt from the Open Meetings Law “while preparing, approving, administering, or grading examinations.” G.S. § 143-318.18(6).

Not open. N.D.C.C. § 44-04-18.8.

There is no authority for closing licensing examinations as such, where they otherwise qualify as prearranged discussions of public business by a majority of the members of a public body. In limited circumstances, the state medical board, state nursing board, state pharmacy board, state chiropractic board, and state dental board may close sessions related to determining whether to suspend licenses without hearing. Ohio Rev. Code § 121.22(D); Ohio Rev. Code § 4715.03.

The State Board of Examiners of Psychologists could not hold a closed meeting to determine the qualifications of applicants to be examined and licensed. 1976 OK AG 242.

These matters would only rarely be the subject of a public meeting because the governing body is unlikely to vote on passage or failure of an applicant’s examination performance. To the extent that licensing matters are voted upon by agencies (e.g., liquor licensing), such discussion is conducted in public session unless it is a contested case hearing by an administrative agency exempt under ORS 192.690(1).

Closed; not a “meeting” under the Act.

No specific exemption.

Licensing examinations would be subject to the act only if conducted by a quorum of a public body. S.C. Code Ann. § 30-4-20(e).

Presumably open.

In Op. Tex. Att’y Gen. No. JM-640 (1987), the Attorney General concluded that a session of the Polygraph Examiners Board held solely for the purpose of examining prospective licensees would involve no "deliberation" between members and, therefore, was not a "meeting" subject to the Act. The Attorney General has also concluded that testing committees of the Texas Department of Health that review and approve the contents of licensing examinations are not authorized to meet in executive sessions under the Act, since no provision of the Act or any other statute authorizes such sessions. Op. Tex. Att’y Gen. No. LO 96-058 (1996).

There is no express provision in the Open Meetings Act that licensing examinations may be closed to the public, but the exemption concerning the “discussion of the character, professional competence, or physical or mental health of an individual” probably would be held to cover this situation. Utah Code § 52-4-205(1)(a).

Presumed open, unless treated as evaluation of public employee.  1 V.S.A. § 313(a)(4).

Discussion or consideration of tests, examinations or information administered by or prepared for a public body for the purpose of evaluating the qualifications of a person for any license or certificate issued by a pubic body may be closed.  Va. Code § 2.2-3711.A.12 (referencing record exclusion in Va. Code § 2.2-3705.1.4.)

Meetings concerned with granting or denying a license are excluded from OPMA and, therefore, may be closed. See RCW 42.30.140. However, the fact-finding portion of such meetings often is open to the public.

Subject to the access requirements of the open courts provision of the state constitution, discussed previously, the Open Meetings Act permits public bodies to meet in executive session to "issue, effect, deny, suspend or revoke a license, certificate or registration under the laws of this state or any political subdivision." W. Va. Code § 6-9A-4(4). The person seeking such license may request an open meeting.

There is no exemption.

When the agency is a licensing agency, the governing body may close sessions while preparing, administering or grading examinations. Wyo. Stat. § 16-4-405(a)(v) (1977, Rev. 1982); See also, Wyo. Stat. § 16-3-113 (1977, Rev. 1993 & Cum. Supp. 1996).