Cal. Code Regs. Tit. 16, § 442 - Examination Subversion

(a) Examination subversion is the use of any means to alter the results of an examination to cause the results to inaccurately represent the competency of an examinee. Examination subversion includes, but is not limited to:

(1) Communication between examinees inside of the examination room.

(2) Giving or receiving any unauthorized assistance on the examination while an examination is in progress.

(3) Having any unauthorized printed or written matter or other devices in his or her possession which might serve to aid the examinee on the examination.

(4) Obtaining, using, buying, selling, distributing, having possession of, or having unauthorized access to secured examination questions or other secured examination material prior to, during or after the administration of the examination.

(5) Copying another examinee's answers or looking at another examinee's materials while an examination is in progress.

(6) Permitting anyone to copy answers to the examination.

(7) Removing any secured examination materials from the examination facility.

(8) Allowing another person to take the examination in the examinee's place.

(9) Placing any identifying mark upon his or her examination papers other than his or her identification number or other identifiers as directed by the examination administrator.

(10) Use by an examinee of any written material, audio material, video material, digital material, or any other mechanism not specifically authorized during the examination for the purpose of assisting an examinee in the examination.

(11) Writing on anything other than designated examination material.

(12) Writing or erasing anything after time is called.

(b) At the discretion of the Executive Officer, if there is evidence of examination subversion by an examinee prior to, during, or after the administration of the examination, one or more of the following may occur:

(1) The examinee may be denied the privilege of taking the examination if examination subversion is detected before the administration of the examination.

(2) If the examination subversion detected has not yet compromised the integrity of the examination, such steps as are necessary to prevent further examination subversion shall be taken, and the examinee may be permitted to continue with the examination.

(3) The examinee may be requested to leave the examination facility if examination subversion is detected during the examination.

(4) The examinee may be requested to submit written advisement of his or her understanding of and intent to comply with the law.

(5) The examination results may be voided and the application and examination fee forfeited.

(6) The examinee may not be allowed to sit for an examination for up to three (3) years.

(c) If examination subversion is detected after the administration of the examination, the Executive Officer shall make appropriate inquiry to determine the facts concerning the examination subversion and may take any of the actions as described in subdivision (b).

(d) The Executive Officer reserves the right not to release the examination results to the examinee pending the outcome of any investigation of examination subversion.

(e) Removal from or voidance of one part of a multiple-part examination taken during a single examination administration may be cause for removal from or voidance of all other parts of the multiple-part examination.

Notes

Cal. Code Regs. Tit. 16, § 442

1. Refiled 1-25-66 (Register 66, No. 3).
2. Amendment filed 8-10-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Amendment of section heading and repealer and new section filed 3-20-2001; operative 3-20-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 12).
4. Amendment of subsections (b)(4)-(5) and (e) filed 10-17-2013; operative 1-1-2014 (Register 2013, No. 42).

Note: Authority cited: Sections 6716 and 8710, Business and Professions Code. Reference: Sections 123, 123.5 and 496, Business and Professions Code.

1. Refiled 1-25-66 (Register 66, No. 3).
2. Amendment filed 8-10-83; effective thirtieth day thereafter (Register 83, No. 33).
3. Amendment of section heading and repealer and new section filed 3-20-2001; operative 3-20-2001 pursuant to Government Code section 11343.4 (Register 2001, No. 12).
4. Amendment of subsections (b)(4)-(5) and (e) filed 10-17-2013; operative 1-1-2014 (Register 2013, No. 42).