Fla. Admin. Code Ann. R. 5J-17.036 - Grades Review Procedure

(1) A candidate who has taken and failed a Department-developed objective multiple choice examination or an examination developed for the Department by a professional testing company or other state agency shall have the right to review the examination items, answers, papers, grades, and grading keys for the parts of the examination failed or the questions the candidate answered incorrectly only. Review of examinations developed by or for a national council, association, or society (herein after referred to as national organization) shall be conducted in accordance with national examination security guidelines and timeframes.

(2) Those candidates who elect to exercise their right to review must submit a request in writing to the Department or the testing vendor. An examinee shall submit a completed form known as "Board of Professional Surveyors and Mappers Post Examination Review Request, " FDACS-10063, Rev. 12/22, hereby incorporated by reference. Copies of the form may be obtained from the Board office or accessed online at: http://www.flrules.org/Gateway/reference.asp?No=Ref-14980.

(a) Written requests must be received by the Department or vendor no later than twenty-one (21) days after the release date of the original grade notification. The issuance of an amended grade notice, if applicable, will not extend the deadline for a candidate to request a post-examination review, unless the amended grade notice affects the pass/fail status of the candidate.

(b) No request received past the specified deadline in paragraph (2)(a), will be accepted.

(3) Examination reviews shall be conducted in the presence of a representative of the Department or vendor at a location designated by the Department.

(a) All examination reviews shall be conducted in accordance with that examination's administration procedures to the extent possible and feasible.

(b) All security rules defined in this chapter, shall apply to all review sessions. Any candidate violating any provision of said rules shall be dismissed from the review session.

(c) Unless specified otherwise in this chapter, all examination reviews by candidates shall be scheduled and completed no later than ninety (90) days after the release date on the original grade notification. However, a candidate may not participate in a review during the twenty-one (21) day period immediately prior to his or her next examination attempt.

(d) A representative of the Department or the vendor shall remain with all candidates throughout all examination reviews. Candidates shall be informed that the representative cannot defend the examination or attempt to answer any examination questions during the review.

(e) Candidates will be given an examination review time of one-half the time provided for the examination administration of the part failed.

(f) Test booklets used by the candidate during the examination are not retained. Candidates reviewing the examination will be provided with a clean, exact copy of the original test questions. They will not be given the actual test booklets they used during the examination. Consequently, any marks or notes made by candidates during the examination will not be available during the review.

(g) Unless prohibited by national guidelines, candidates have the right to challenge any question which they believe may be ambiguous or any solution which they believe may be incorrect and to request a hearing if the challenge is found to be without merit. The challenges must be submitted in writing during the review. Any challenges or supporting documentation submitted after the candidate has left the review room shall not be accepted.

(h) Upon completion of reviews, candidates shall acknowledge in writing the review start time, the review end time, all materials reviewed, and other relevant review information.

(4) In addition to the provisions of subsection (3), examination candidates shall be prohibited from leaving the review with any written challenges, grade sheets, or any other examination materials.

(5) For a practical examination, unless examination security is involved, a candidate may obtain by mail a copy of his or her grade sheets resulting from a practical examination. The request must be made in writing to the Department, adhere to provisions set forth in subsection (2), be signed by the candidate, and state the address to which the grade sheets are to be mailed. This shall constitute a review of the practical examination.

(6) If a successful challenge results in a regrade of an examination, that regrade shall be limited to the candidate who filed the successful challenge.

Notes

Fla. Admin. Code Ann. R. 5J-17.036

Rulemaking Authority 472.0131(3) FS. Law Implemented 472.0131(3) FS.

New 1-3-80, Formerly 21HH-4.06, 21HH-4.006, Amended 5-30-95, 5-17-00, 10-31-08, Formerly 61G 17-4.006, Amended 10-17-12, Amended by Florida Register Volume 49, Number 002, January 4, 2023 effective 1/16/2023.

New 1-3-80, Formerly 21HH-4.06, 21HH-4.006, Amended 5-30-95, 5-17-00, 10-31-08, Formerly 61G17-4.006, Amended 10-17-12, 1-16-23.