Utah Admin. Code R156-1-309 - Division Exams

(1) This section establishes standards for the administration of Division exams in accordance with Sections 58-1-106, 58-1-203, and 58-1-309.

(2) Upon evidence that a person has engaged in cheating:

(a) the exam administrator shall notify the Division of the circumstances in detail and the identity of each person involved; and

(b) the Division shall make an appropriate inquiry and may open an investigation to determine the facts concerning the alleged cheating.

(3) If evidence of cheating by a candidate is detected before an exam, the Division may:

(a) deny the candidate the privilege of taking the exam; or

(b)

(i) before the candidate takes the exam, notify the candidate of the evidence of cheating and that the Division may determine the candidate to have failed the exam if it finds the candidate has cheated.

(4) If evidence of cheating by a candidate is detected during an exam, the exam administrator may:

(a) end the exam, request the candidate to leave the exam facility, and notify the candidate of the evidence of cheating and that the Division may determine the candidate to have failed the exam if it finds that the candidate has cheated; or

(b)

(i) determine that the alleged cheating has not yet compromised the integrity of the exam, take any necessary steps to prevent cheating, and permit the candidate to continue taking the exam; and

(ii) after the exam, notify the candidate of the evidence of cheating, and that the Division may determine the candidate to have failed the exam if the Division finds that the candidate has cheated.

(5) If the Division determines that an individual has engaged in cheating or has otherwise engaged in unprofessional conduct regarding an exam, the Division may take appropriate action including one or more of the following:

(a) if the individual is an exam candidate, deny the individual the privilege of taking or retaking the exam for a period;

(b) refuse to issue the individual a license or otherwise act upon a license issued to the individual pursuant to Section 58-1-401; or

(c) establish the conditions that the individual shall meet to qualify for a license, such as meeting with the board.

(6) An exam administrator may end a candidate's exam session, or the Division may invalidate a candidate's exam results if the candidate:

(a) is engaging or appears to be engaging in cheating;

(b) reports late to the candidate's appointed exam session;

(c) fails to present required identification at the time of the exam session;

(d) creates a disturbance of any kind, including for example:

(i) engaging in behavior that the exam administrator determines is disruptive to another candidate taking the exam;

(ii) using language that might generally be considered inappropriate or offensive; or

(iii) engaging in oral or physical altercations with the exam administrator or another individual;

(e) fails to comply with the directions of the exam administrator; or

(f) reports to the exam under the influence of alcohol, drugs, or other intoxicant, to the extent that the exam administrator determines that it does, or might reasonably be considered to, impair the ability of the candidate to safely engage in the exam.

(7) Each exam subject-matter expert and each exam administrator:

(a) shall be a Utah resident;

(b) shall be 18 years of age or older;

(c) if the exam requires specific knowledge of the profession to grade or administer the exam, shall hold an active license in good standing in that profession or have satisfactory experience or an active license in good standing in a related industry as approved by the Division;

(d) shall adhere to professional ethics and codes of conduct for the profession, including this section and Subsection R156-1-501(9);

(e) shall agree in writing to not participate in any exam coaching or preparation activities for the exam for five years following their review or administration of the exam; and

(f) may not be affiliated with a person that may profit from or materially benefit from knowledge of exam content, such as an educational institution or training program.

(8)

(a) The Division may invalidate exam results if it determines that there is a basis to question the validity of the exam results for any reason, notwithstanding the absence of any evidence of a candidate's personal involvement in cheating or other unprofessional conduct.

(b) Evidence of invalid results may include, for example, unusual answer patterns or score increases, or equipment failure.

Notes

Utah Admin. Code R156-1-309

Adopted by Utah State Bulletin Number 2024-09, effective 4/23/2024