| (a) The executive director shall prescribe the content
of licensing examinations. Examinations shall be based on laws, rules,
job duties, and standards relating to the particular license. The
contents of any examination required for licensure under this chapter
are confidential and examinees may not share them with anyone.
(b) Examinations shall be graded and the results forwarded
to the applicant no later than 45 days after the examination date.
The minimum passing score for an examination is 70%.
(c) An individual with an approved application who
fails an examination may not repeat an examination until receiving
notification of examination results for that particular examination.
(d) The application becomes void either after 365 days
from date of application or failing the same examination four times,
whichever occurs first. If an application becomes void, a new fee
and a new application must be submitted before the applicant may take
the same examination again.
(e) Any scores for repeat examinations taken after
an application becomes void will not be applied to the issuance of
the license.
(f) Any qualified applicant with a physical, mental,
or developmental disability may request reasonable accommodations
to take an examination.
(g) Examinations shall be given at places and times
approved by the executive director.
(h) Examinees must comply with all written and verbal
instructions of the proctor and shall not:
(1) bring any unauthorized written material, in either
printed or electronic formats, into the examination room;
(2) bring any electronic devices, including any device
with a camera, into the examination room;
(3) share, copy, or in any way reproduce any part of
the examination;
(4) engage in any deceptive or fraudulent act; or
(5) solicit, encourage, direct, assist, or aid another
person to violate any provision of this section or compromise the
confidentiality of the examination.
(i) The executive director shall provide an analysis
of an examination when requested in writing by the applicant. The
executive director shall ensure that an examination analysis does
not compromise the fair and impartial administration of future examinations.
(j) An individual who wishes to observe a religious
holy day on which the individual's religious beliefs prevent the individual
from taking an examination scheduled by the agency on that religious
holy day shall be allowed to take the examination on an alternate
date.
(k) The executive director may deny an individual the
opportunity to take a licensing examination on the grounds that the
individual has been convicted of an offense, other than an offense
punishable as a Class C misdemeanor, that:
(1) directly relates to the duties and responsibilities
of the licensed occupation;
(2) is an offense listed in Texas Code of Criminal
Procedure, Article 42.12, Section 3g; or
(3) is a sexually violent offense, as defined by Texas
Code of Criminal Procedure, Article 62.001.
(l) The executive director may deny an individual the
opportunity to take a licensing examination on the grounds that:
(1) the individual was charged with:
(A) any offense described by Texas Code of Criminal
Procedure, Article 62.001(5); or
(B) an offense other than an offense described by subparagraph
(A) of this paragraph if:
(i) the individual has not completed the period of
supervision or the individual completed the period of supervision
less than five years before the date the individual applied for the
license; or
(ii) a conviction for the offense would make the individual
ineligible for the license by operation of law; and
(2) after consideration of the factors described by
Texas Occupations Code, §§53.021(d), 53.022, and 53.023(a),
the executive director determines that:
(A) the individual may pose a continued threat to public
safety; or
(B) employment of the individual in the licensed occupation
would create a situation in which the individual has an opportunity
to repeat the prohibited conduct.
(m) After notice and opportunity for a hearing, the
commission may deny or revoke any license or registration held by
a person who violates any of the provisions of this section. The commission
may file a criminal complaint against any individual who removes or
attempts to remove any portion of the examination, reproduces without
permission any part of the examination, or who engages in any fraudulent
act relating to the examination process.
(n) The commission shall follow the notification requirements
in §30.36 of this title (relating to Notice) prior to denying
an individual the opportunity to take a licensing examination based
on the individual's prior conviction of an offense.
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| Source Note: The provisions of this §30.20 adopted to be effective December 17, 2001, 26 TexReg 10330; amended to be effective September 27, 2007, 32 TexReg 6523; amended to be effective July 8, 2010, 35 TexReg 5894; amended to be effective July 10, 2014, 39 TexReg 5181; amended to be effective September 29, 2016, 41 TexReg 7489; amended to be effective December 9, 2020, 45 TexReg 8775 |
