30 Tex. Admin. Code § 30.20 - Examinations
(a) The
executive director shall prescribe the content of licensing examinations.
Examinations shall be based on laws, rules, job duties, and standards relating
to the particular license. The contents of any examination required for
licensure under this chapter are confidential and examinees may not share them
with anyone.
(b) Examinations shall
be graded and the results forwarded to the applicant no later than 45 days
after the examination date. The minimum passing score for an examination is
70%.
(c) An individual with an
approved application who fails an examination may not repeat an examination
until receiving notification of examination results for that particular
examination.
(d) The application
expires either after 365 days from date of application or failing the same
examination four times, whichever occurs first. If an application expires, a
new fee and a new application must be submitted before the applicant may take
the same examination again.
(e) Any
scores for repeat examinations taken after an application expires will not be
applied to the issuance of the license.
(f) Any qualified applicant with a physical,
mental, or developmental disability may request reasonable accommodations to
take an examination.
(g)
Examinations shall be given at places and times approved by the executive
director.
(h) Examinees must comply
with all written and verbal instructions of the proctor and shall not:
(1) bring any unauthorized written material,
in either printed or electronic formats, into the examination room;
(2) bring any electronic devices, including
any device with a camera, into the examination room;
(3) share, copy, or in any way reproduce any
part of the examination;
(4) engage
in any deceptive or fraudulent act; or
(5) solicit, encourage, direct, assist, or
aid another person to violate any provision of this section or compromise the
confidentiality of the examination.
(i) The executive director shall provide an
analysis of an examination when requested in writing by the applicant. The
executive director shall ensure that an examination analysis does not
compromise the fair and impartial administration of future
examinations.
(j) An individual who
wishes to observe a religious holy day on which the individual's religious
beliefs prevent the individual from taking an examination scheduled by the
agency on that religious holy day shall be allowed to take the examination on
an alternate date.
(k) The
executive director may deny an individual the opportunity to take a licensing
examination on the grounds that the individual has been convicted of an
offense, other than an offense punishable as a Class C misdemeanor, that:
(1) directly relates to the duties and
responsibilities of the licensed occupation;
(2) is an offense listed in Texas Code of
Criminal Procedure, Article 42.12, Section 3g; or
(3) is a sexually violent offense, as defined
by Texas Code of Criminal Procedure, Article 62.001.
(l) The executive director may deny an
individual the opportunity to take a licensing examination on the grounds that:
(1) the individual was charged with:
(A) any offense described by Texas Code of
Criminal Procedure, Article 62.001(5); or
(B) an offense other than an offense
described by subparagraph (A) of this paragraph if:
(i) the individual has not completed the
period of supervision, or the individual completed the period of supervision
less than five years before the date the individual applied for the license;
or
(ii) a conviction for the
offense would make the individual ineligible for the license by operation of
law; and
(2)
after consideration of the factors described by Texas Occupations Code,
§§
53.021(d),
53.022, and
53.023(a),
the executive director determines that:
(A)
the individual may pose a continued threat to public safety; or
(B) employment of the individual in the
licensed occupation would create a situation in which the individual has an
opportunity to repeat the prohibited conduct.
(m) After notice and opportunity for a
hearing, the commission may deny or revoke any license or registration held by
a person who violates any of the provisions of this section. The commission may
file a criminal complaint against any individual who removes or attempts to
remove any portion of the examination, reproduces without permission any part
of the examination, or who engages in any fraudulent act relating to the
examination process.
(n) The
commission shall follow the notification requirements in §
30.36 of this title (relating to
Notice) prior to denying an individual the opportunity to take a licensing
examination based on the individual's prior conviction of an offense.
Notes
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