Current through Register Vol. 63, No. 9, September 1, 2024
(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.
Stat. Auth.: ORS 670.310 & 672.255
Stats. Implemented: ORS 672.002 -
672.325
