| (a) The contents of examinations administered by the commission or by a testing service under contract with the commission are confidential. The following conduct with respect to licensing examinations is prohibited and is grounds to impose disciplinary action against any licensee of the commission or any education provider or instructor approved by the commission, and shall further be grounds for disapproval of an application for any license, accreditation, or approval issued by the commission: (1) obtaining or attempting to obtain specific questions or answers from an applicant, a commission employee or any person hired by or associated with the testing service, for the purpose of using the information to pass an examination or for the purpose of providing the questions or answers to another person who is either an applicant or a potential applicant; (2) removing or attempting to remove questions or answers from an examination site; or (3) providing or attempting to provide examination questions or answers to another person, knowing the person is an applicant or prospective applicant, or that the person intends to provide the questions or answers to an applicant or potential applicant. (b) Examinations required for any license issued by the commission will be conducted by the testing service with which the commission has contracted for the administration of examinations. The testing service shall schedule and conduct the examinations in the manner required by the contract between the commission and the testing service. To pass the examination, an applicant must attain a passing score in each section of the examination. (c) An applicant will not be admitted to the testing service's examination site unless the applicant provides a government issued photo-bearing identification card. The testing service may refuse to admit an applicant who arrives after the time the examination is scheduled to begin or whose conduct or demeanor would be disruptive to other persons taking examinations at the site. The testing service may confiscate examination materials, dismiss the applicant, and fail the applicant for violating or attempting to violate the confidentiality of the contents of an examination. (d) Applicants may use silent, battery-operated, electronic, pocket sized calculators which are nonprogrammable. If a calculator has printout capability, the testing service must approve use of such calculator prior to the examination. Applicants may not use calculators with alphabetic keyboards. (e) The testing service administering the examinations is required to provide reasonable accommodations for any applicant with a verifiable disability. Applicants must contact the testing service to arrange for a special examination. The testing service shall determine the method of examination, whether oral or written, based on the particular circumstances of each case. (f) Notwithstanding Texas Occupations Code §1101.451(f), the commission shall waive the examination of an applicant for a broker license who has been licensed as a broker in this state no more than two years prior to the filing of the application. The commission shall waive the examination of an applicant for a salesperson license who has been licensed in this state as a broker or salesperson no more than two years prior to the filing of the application. (g) The commission may waive the national portion of the examination of an applicant for a broker or salesperson license if the applicant maintains a license equivalent to the license being applied for and has passed a comparable national examination accredited or certified by a nationally recognized real estate regulator association. |
| Source Note: The provisions of this §535.61 adopted to be effective January 31, 2000, 24 TexReg 9282; amended to be effective January 1, 2004, 28 TexReg 9543; amended to be effective July 10, 2006, 31 TexReg 5458; amended to be effective October 22, 2006, 31 TexReg 8672; amended to be effective December 30, 2007, 32 TexReg 9990 |
