| (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 slide rules or 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) 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.
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