3303.1 No person shall cheat or assist another in cheating on an examination required by an Act listed in § 3300.1 or rules promulgated pursuant thereto.

3303.2 As used in this section, "cheating" includes, but is not limited to, the following:

1. (a) Communication relating to the examination between applicants inside or outside of an examination room or copying another applicant's answers while an examination is in progress;
2. (b) Communication relating to an examination with others outside of an examination room while the examination is in progress;
3. (c) Substitution by an applicant of another person to sit in an examination room in the applicant's place; and
4. (d) Use of crib sheets, text books, or other materials not authorized by a board inside or outside an examination room while an examination is in progress.

3303.3 If a person designated to proctor an examination suspects that an applicant is cheating or has cheated on the examination, the person shall do the following:

1. (a) If necessary, seat the applicant in a segregated location for the remainder of the examination;
2. (b) Keep a record of the applicant's seat location and identification number, and the names and identification numbers of the applicants on either side of the applicant;
3. (c) Confiscate any materials or devices that are suspected of being used by the applicant to cheat on the examination;
4. (d) Permit the applicant to complete the examination; and
5. (e) Notify the testing service, the board, and the Director that the applicant is suspected of cheating and provide a board with a copy of the examination booklet and any evidence obtained by the person proctoring the examination.

3303.4 If a board has cause to believe that an applicant has cheated or has failed to comply with an instruction of a proctor given pursuant to § 3303.3, it may propose to deny a license, impose a civil fine, or take other actions under this chapter.

3303.5 If a board determines that an applicant cheated on an examination, in addition to any other consequences, the applicant shall not be eligible to take another examination for a period of one (1) year from the date of the decision of a board, or other period established by a board in its order.

SOURCE: Final Rulemaking published at 35 DCR 3488, 3491 (May 13, 1988).