1. (1) Scope. This rule applies to:

   1. (a) Persons seeking Building Codes Division licensing or certification under the boiler and pressure vessel, plumbing, electrical, or manufactured structures laws and rules;
   2. (b) Any tradesperson or inspector required to pass an examination to be licensed or certified by the division or its boards, except those applying under the provisions of ORS 455.735; and
   3. (c) Persons who are required to be licensed pursuant to ORS 455.457 to perform specialty code inspections or plan reviews.

2. (2) In addition to any passing grade requirement, a person fails an examination provided, authorized or required by the division or one of its boards if the person cheats in connection with an examination. A person "cheats in connection with the examination" if the person applies for or takes an examination and directly or indirectly:

   1. (a) Provides untrue information regarding qualifications to take the examination;
   2. (b) Uses unauthorized notes, devices or information during an examination;
   3. (c) Copies from another or allows another to copy during an examination;
   4. (d) Provides answers or assistance to another;
   5. (e) Otherwise uses unauthorized methods to gain an advantage or give another person an advantage in the examination; or
   6. (f) Without authority takes or copies examination questions or answers from the examination or storage site.
3. (3) Nothing in this rule prevents the division from seeking revocation of a license issued by mistake if there was cheating in connection with the examination and the license should have been denied.
4. (4) A person failing an examination as provided in this rule may ask for a contested case hearing under ORS Chapter 183.
5. (5) Notwithstanding any rules to the contrary allowing a person to retake an examination, a person who fails an examination as provided in this rule shall not be allowed to take any division or division-related examination for one year following the notice of failure of the examination or final order determining that the person failed the examination.

Statutory/Other Authority

ORS 446.395, 455.110, 479.630, 479.730, 480.565, 480.630, 670.100 & 693.310

Statutes/Other Implemented

ORS 446.395, 455.110, 479.630, 479.730, 480.565, 480.630, 670.100 & 693.310

History

BCD 29-2002, f. & cert. ef.10-1-02
BCD 10-2002(Temp), f. 5-14-02, cert. ef. 5-15-02 thru 11-10-02
BCD 13-2001, f. 9-28-01, cert. ef. 10-1-01
BCD 16-2000, f. 8-7-00, cert. ef. 10-1-00
BCD 1-1998, f. 1-28-98, cert. ef. 4-1-98
BCD 26-1996, f. & cert. ef. 12-4-96
BCD 14-1994, f. & cert. ef. 5-24-94