SECTION 60.52. Examination Security

(a) When an examination is required to obtain a license, an applicant or prospective applicant may make use of only such assistance as is available and authorized for all persons taking the examination. A person who uses or provides unauthorized assistance in connection with an examination violates this section. Conduct that violates this section includes but is not limited to the following:

(1) obtaining or attempting to obtain from any source examination questions or answers for use by an applicant, prospective applicant, or any other person, including a person associated with a school or examination preparation course;

(2) providing or attempting to provide examination questions or answers to an applicant, prospective applicant, or any other person, including a person associated with a school or examination preparation course;

(3) presenting a falsified or fraudulent document to gain entry to an examination;

(4) presenting a falsified or fraudulent document concerning an individual's results from an examination;

(5) taking an examination for another person;

(6) as an applicant or prospective applicant, knowingly allowing another person to take an examination for the applicant or prospective applicant;

(7) while taking an examination, using any materials not authorized by the Department or testing service for use in the examination, including but not limited to notes or study aides;

(8) bringing to the examination site or leaving the examination site with examination questions or answers obtained from the current examination or from previous examination attempts;

(9) while taking an examination, communicating with any person, other than an authorized representative of the Department or testing service, about the examination; or

(10) for open book examinations, bringing any materials into the examination, including hand-written notes in approved reference materials, other than those materials approved by the Department or testing service.

(b) The contents of any examination that is required for the issuance of a Department license are confidential.

Source Note: The provisions of this §60.52 adopted to be effective July 1, 2009, 34 TexReg 4326