Historical Rule for the Texas Administrative Code

RULE §535.61Examinations
Repealed Date:01/01/2015

(a) 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 accredited by the commission 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;

  (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.

(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 broker licensing examination, an applicant must attain a passing score of at least 75% in each section of the examination. To pass the salesperson licensing examination, an applicant must attain a passing score of at least 70% 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 photobearing 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 or communication capabilities.

(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.

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; amended to be effective September 1, 2010, 35 TexReg 1736; amended to be effective January 1, 2011, 35 TexReg 11679

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