16 TAC §60.63
The Texas Department of Licensing and Regulation ("Department")
proposes an amendment to an existing rule at 16 Texas Administrative Code,
Chapter 60, Subchapter B, §60.63, concerning the responsibilities of
the Department and Executive Director. The amendment adds a new subsection
(j) concerning the security of licensing examinations. The Department is responsible
for administering examinations to license applicants, either directly or through
a testing service, and the proposed amendment is necessary to ensure that
the security of these examinations is not compromised and to discourage cheating.
The proposed amended rule is part of Chapter 60 of the Department's rules,
which contains general provisions applicable to the Department, and will apply
to all Department programs that include a licensing examination.
The proposed amendment states that the contents of a licensing examination
are confidential. The amended rule prohibits certain conduct related to licensing
examinations and provides that engaging in such conduct is grounds for denial
of a license, an administrative penalty, and/or an administrative sanction.
The prohibited conduct is as follows: 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; 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; presenting a falsified or fraudulent document to gain entry to an
examination; presenting a falsified or fraudulent document concerning an individual's
results from an examination; an applicant or prospective applicant knowingly
allowing another person to take an examination for the applicant or prospective
applicant; while taking an examination, using study notes, questions, or answers
obtained from another person or from previous examination attempts; while
taking an examination, communicating with an unauthorized person about the
examination; or for open book examinations, bringing unapproved materials
into the examination, including hand-written notes in approved reference materials.
William H. Kuntz, Jr., Executive Director, has determined that for the
first five-year period the amended rule is in effect there will be no significant
impact to costs or revenues of the State in enforcing or administering the
amended rule. There will be no impact to costs or revenues of local government
as a result of enforcing or administering the amended rule.
Mr. Kuntz also has determined that for each year of the first five-year
period the amended rule is in effect, the public benefit will be enhanced
security of licensing examinations, helping to ensure that individuals who
pass a licensing examination are competent and qualified to hold the license.
Mr. Kuntz has determined that there will be no effect on small or micro-businesses
as a result of the proposed amendment. There are no anticipated economic costs
to persons who are required to comply with the proposed amendment.
Comments on the proposal may be submitted to Caroline Jackson, Legal Assistant,
Texas Department of Licensing and Regulation, P.O. Box 12157, Austin, Texas
78711, or facsimile (512) 475-3032, or electronically: caroline.jackson@license.state.tx.us.
The deadline for comments is 30 days after publication in the
Texas Register
.
The amendment is proposed under Texas Occupations Code, Chapter
51, in particular §51.203, which directs the Commission to adopt rules
as necessary to implement each law establishing a program regulated by the
Department. The proposed amendment is necessary for the administration of
examinations that are required by the laws establishing various Department
programs.
The statutory provisions affected by the proposal are those set forth in
Texas Occupations Code, Chapter 51. Other statutes also are affected because
the proposed amendment would apply to examinations administered pursuant to
these statutes: Texas Occupations Code, Chapters 1152 (property tax consultants),
1302 (air conditioning and refrigeration contractors), 1305 (electricians),
1601 (barbers), 1602 (cosmetologists), 1603 (barbers and cosmetologists),
1802 (auctioneers), 1901 (water well drillers), 1902 (pump installers); Texas
Government Code, Chapters 57 (court interpreters) and 469 (registered accessibility
specialists); and Texas Health and Safety Code, Chapter 755 (boiler inspectors).
No other statutes, articles, or codes currently are affected by the proposal.
§60.63.Responsibilities of the Department and Executive Director.
(a) - (i)
(No change.)
(j)
Examination security. The contents of
any examination that is required for the issuance of a department license
are confidential. The following conduct related to licensing examinations
is prohibited and is grounds for the denial of a license, an administrative
penalty, and/or an administrative sanction:
(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)
as an applicant or prospective applicant, knowingly allowing
another person to take an examination for the applicant or prospective applicant;
(6)
while taking an examination, using study notes, questions,
or answers obtained from another person or from previous examination attempts;
(7)
while taking an examination, communicating with any person,
other than an authorized representative of the department or testing service,
about the examination; or
(8)
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.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on June 16, 2006.
TRD-200603346
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Earliest possible date of adoption: July 30, 2006
For further information, please call: (512) 463-6208