SECTION 401.21. Examination Challenge

(a) An examinee who seeks to challenge the failure of an examination must submit a written request to the Agency Chief or his designee to discuss informal disposition of the complaint(s).

(b) An examination may be challenged only on the basis of examination content, failure to comply with commission rules by a certified training facility, or problems in the administration of the examination.

(c) The written request must identify the examinee, the specific examination taken, the date of the examination, and the basis of the appeal.

(d) An examinee who challenges the content of an examination must identify the subject matter of the question(s) challenged and is not entitled to review the examination due to the necessity of preserving test security.

(e) The request must be submitted within 30 days from the date the grade report is posted on the website.

(f) Commission staff shall schedule a preliminary staff conference with the applicant in accordance with §401.41 of this title (relating to Preliminary Staff Conference) to discuss the challenge within 30 days of the request or as soon as practical. The examinee may accept or reject the settlement recommendations of the commission staff. If the examinee rejects the proposed agreement, the examinee must request in writing a formal administrative hearing as described in Subchapter F of this chapter (relating to Contested Cases) within 30 days of the action complained of.

Source Note: The provisions of this §401.21 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective July 19, 2007, 32 TexReg 4443; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective January 11, 2023, 48 TexReg 51