Or. Admin. Code § 918-001-0040 - Cheating on Examinations

(1) Scope. This rule applies to:

(a) Persons seeking Building Codes Division licensing or certification under the boiler and pressure vessel, plumbing, electrical, or manufactured structures laws and rules;

(b) Any tradesperson or inspector required to pass an examination to be licensed or certified by the division or its boards, except those applying under the provisions of ORS 455.735; and

(c) Persons who are required to be licensed pursuant to ORS 455.457 to perform specialty code inspections or plan reviews.

(2) In addition to any passing grade requirement, a person fails an examination provided, authorized or required by the division or one of its boards if the person cheats in connection with an examination. A person "cheats in connection with the examination" if the person applies for or takes an examination and directly or indirectly:

(a) Provides untrue information regarding qualifications to take the examination;

(b) Uses unauthorized notes, devices or information during an examination;

(c) Copies from another or allows another to copy during an examination;

(d) Provides answers or assistance to another;

(e) Otherwise uses unauthorized methods to gain an advantage or give another person an advantage in the examination; or

(f) Without authority takes or copies examination questions or answers from the examination or storage site.

(3) Nothing in this rule prevents the division from seeking revocation of a license issued by mistake if there was cheating in connection with the examination and the license should have been denied.

(4) A person failing an examination as provided in this rule may ask for a contested case hearing under ORS Chapter 183.

(5) Notwithstanding any rules to the contrary allowing a person to retake an examination, a person who fails an examination as provided in this rule shall not be allowed to take any division or division-related examination for one year following the notice of failure of the examination or final order determining that the person failed the examination.

Notes

Or. Admin. Code § 918-001-0040

BCD 14-1994, f. & cert. ef. 5-24-94; BCD 26-1996, f. & cert. ef. 12-4-96; BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98; BCD 16-2000, f. 8-7-00, cert. ef. 10-1-00; BCD 13-2001, f. 9-28-01, cert. ef. 10-1-01; BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02; BCD 29-2002, f. & cert. ef.10-1-02

Stat. Auth.: ORS 446.395, ORS 455.110, ORS 479.630, ORS 479.730, ORS 480.565, ORS 480.630, ORS 670.100 & ORS 693.310

Stats. Implemented: ORS 446.395, ORS 455.110, ORS 479.630, ORS 479.730, ORS 480.565, ORS 480.630, ORS 670.100 & ORS 693.310