SECTION 133.75. Examination Irregularities

(a) The examinations will be administered in accordance with the NCEES or the board policies and procedures. An examinee who does not abide by the NCEES or the board policies and procedures will be subject to dismissal from the remainder of the examination. Cheating on examinations will not be tolerated. Examination proctors who observe that an examinee is giving assistance to or receiving assistance from another person, compromising the integrity of the examination, or participating in any other form of cheating or violation of exam policies or procedures during an examination may require the examinee to surrender all examination materials. The examinee involved may be required to leave the room and may not be permitted to return. Evidence of cheating found after the examination shall also be a cause for action. The executive director shall be informed of such instances of suspected cheating at the earliest possible opportunity and will determine appropriate action.

(b) If the executive director determines that sufficient evidence exists of an examination irregularity related to an examinee, an examinee has knowingly violated NCEES or the board policies and procedures, or an examinee cheated, the examinee may have their exam results invalidated, and may be barred from taking any examination in Texas for a period of up to two years. Any application for licensure pending or approved for examination may be denied and will be evaluated or re-evaluated on that basis. Any examination taken and passed while barred from taking an examination in Texas will not be acceptable for licensure purposes in Texas.

(c) A licensed professional engineer suspected of cheating may be charged with violating §1001.452 of the Act and applicable board rules.

Source Note: The provisions of this §133.75 adopted to be effective May 20, 2004, 29 TexReg 4873; amended to be effective December 10, 2006, 31 TexReg 9830; amended to be effective December 21, 2008, 33 TexReg 10170; amended to be effective December 17, 2013, 38 TexReg 9042