In cases where the validity of a test cannot be determined pursuant to 21-30-4 and 21-30-5 (e.g., the number of subjects is less than that required for a technically adequate validation study, or an appropriate criterion measure cannot be developed), evidence from validity studies conducted in other organizations, such as that reported in test manuals and professional literature, may be considered acceptable when:

1. (a) The studies pertain to jobs which are comparable (i.e., have basically the same task elements), and
2. (b) there are no major differences in contextual variables or sample composition which are likely to significantly affect validity. Any person citing evidence from other validity studies as evidence of test validity for his own jobs must substantiate in detail job comparability and must demonstrate the absence of contextual or sample differences cited in paragraphs (a) and (b) of this section.

(Authorized by K.S.A. 1971 Supp. 44-1004; effective Jan. 1, 1972.)