Or. Admin. R. 820-020-0040 - Oregon Specific Examination Subversion: Grounds for Invalidation of Examination Results

Current through Register Vol. 61, No. 4, April 1, 2022

(1) 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.
(2) The Board may invalidate the examination results of an examinee who engages in examination subversion. Examination subversion may include, but is not limited to:
(a) Communication between examinees inside of the examination room.
(b) Giving or receiving any unauthorized assistance on the examination while an examination is in process.
(c) Having any unauthorized printed, written, or digital material in the examinee's possession used to, or that might serve to aid the examinee on the examination.
(d) Having any unauthorized mechanical, digital, electronic or other device or mechanism in the examinee's possession used to, or that might serve to, aid the examinee on the examination.
(e) Obtaining, using, buying, selling, distributing, having possession of, or having unauthorized access to examination questions or other secured examination material prior to, during or after the administration of the examination.
(f) Copying another examinee's answers or looking at another examinee's materials while an examination is in progress.
(g) Permitting anyone to copy answers to the examination.
(h) Removing any secured examination materials from the examination facility.
(i) Allowing another person to take the examination in the examinee's place.
(j) Placing any identifying mark upon the examinee's examination papers other than the examinee's identification number or other identifiers as directed by the examination administrator.
(k) Writing on anything other than designated examination material.
(l) Writing or erasing anything after time is called.
(m) Having a cell phone in the examinee's possession.
(n) Having a device with copying, recording, or communication capabilities in the examinee's possession. These include but are not limited to cameras, pagers, PDAs, radios, headsets, tape players, calculator watches, electronic dictionaries, electronic translators, transmitting devices, and digital media players.
(o) Having a calculator in the examinee's possession that is not approved by the examination proctor.
(p) Removing pages from an exam booklet.
(q) Leaving the exam room without authorization.
(r) Engaging in any other act of examination subversion identified by the Board or proctor but not listed above.
(3) In addition to subsections (1) and (2) of this rule, the Board may invalidate the examination results for any examinee who violates any other terms contained in testing regulations provided by the examination's administrator or proctor that are cause for dismissal or exam invalidation by the examination's administrator or proctor.
(4) At the discretion of the Board or its designee, 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:
(a) The examinee may be denied the privilege of taking the examination if examination subversion is detected before the administration of the examination.
(b) 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.
(c) The examinee may be requested to leave the examination facility if examination subversion is detected during the examination. If the examinee does not leave the facility, the examinee will be deemed a trespasser.
(d) The examinee's examination results may be voided and the application fee forfeited.
(e) The examinee may not be allowed to sit for an examination for up to three years.
(5) If examination subversion is detected after the administration of the examination, the Board or its designee shall make appropriate inquiry to determine the facts concerning the examination subversion and the Board or its designee may take either or both of the actions described in paragraphs (d) and (e) of subsection (4) above, and may also discipline the examinee under the Board's rules of professional conduct.
(6) Notwithstanding any other rule, the Board or its designee may choose not to release or make available the examination results to examinee or any other person pending the outcome of an investigation into examination subversion.
(7) Voiding any part of an examinee's examination for subversion shall constitute voiding the examinee's entire examination.
(8) Applicants are required to sign statements regarding examination subversion in order to take an examination. Applicants who refuse to sign statements regarding examination subversion will be denied the privilege of taking the examination and the application fees for the examination paid to the Board are forfeited.

Notes

Or. Admin. R. 820-020-0040
BEELS 1-2005, f. & cert. ef. 3-16-05; BEELS 3-2008, f. & cert. ef. 11-14-08; BEELS 4-2012, f. & cert. ef. 9-14-12; BEELS 1-2013, f. & cert. ef. 3-13-13; BEELS 1-2016, f. & cert. ef. 1/14/2016

Stat. Auth.: ORS 670.310 & 672.255

Stats. Implemented: ORS 672.002 - 672.325

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