(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 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[, 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) - (c)(No change.) (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)(No change.) [(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.]
This agency hereby
certifies that the proposal has
been reviewed by legal counsel and found to be within the agency's
legal authority to adopt.
Filed with the Office
of the Secretary of State on September 10, 2010
TRD-201005255 Loretta R. DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: October 24, 2010
For further information, please call: (512) 465-3926
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