16 Tex. Admin. Code § 75.21
Licensing Requirements--Examinations
Effective Jan 1, 199822 TexReg 12757Source Note: The provisions of this §75.21 adopted to be effective January 28, 1993, 18 TexReg 301; amended to be effective November 16, 1993, 18 TexReg 7927; amended to be effective February 9, 1995, 20 TexReg 435; amended to be effective October 1, 1995, 20 TexReg 7280; amended to be effective January 10, 1997, 22 TexReg 737; amended to be effective January 1, 1998, 22 TexReg 12757.Texas Secretary of State
- (a) A passing grade on all exams shall be 70%. Eligibility for a license shall last not more than six months from the date of examination result notification.
- (b) An applicant who does not make a passing grade shall be eligible for reexamination without reapplying for no more than two years after the date of the exam, provided the applicant requests reexamination in writing and pays the reexamination fee. The notice and fees must be received by the department not less than 45 days prior to the date of the reexamination.
- (c) The department shall notify the applicant of the time and place the applicant is scheduled for examination(s) at least three weeks before the examination. Applicants who are scheduled for an examination but do not appear, and do not request rescheduling must reapply and pay the application and examination fees.
- (d) An applicant who wishes to be rescheduled for an examination must send a rescheduling fee and a written request to reschedule, postmarked no later than ten days before the examination. An applicant may reschedule each exam two times without paying the application and exam fees.
- (e) An applicant may request waiving of the reschedule fee one time for an unforseen emergency cancellation. The reason for the emergency cancellation must be submitted to the Department in writing no later than ten working days after the exam for which the applicant was scheduled. The Department will determine if the circumstances constitute an emergency before waiving the fee.
- (f) Rescheduled and canceled exams must be used within one year after the date of the rescheduled or canceled exam.
- (g) An analysis of performance on an exam will consist of a statement of the number of questions missed, the general subject of questions missed, and may include references in each category. No actual questions will be sent to the applicant.
- (h) An applicant may request special accommodations for an exam based on disability or language problems. The request must be in writing and must be postmarked at least 45 days before the exam date. Requests must specify the type of special accommodation requested and the basis for the request. Proof of disability may be required. The department will make reasonable accommodation in accordance with the Federal Americans With Disabilities Act.
- (i) Reciprocal agreements with other states to waive exam requirements must be based on exam requirements judged by the department to be equal to or more stringent than those of the department.
- (j) Cheating on an examination is grounds for denial of a license.
- (k) An applicant shall not be eligible for an examination more often than every 60 days.
- (l) An applicant who has passed the examination for a particular class and endorsement and has been licensed or is eligible for licensure in that class and endorsement, may not retake that examination.
Source Note:The provisions of this §75.21 adopted to be effective January 28, 1993, 18 TexReg 301; amended to be effective November 16, 1993, 18 TexReg 7927; amended to be effective February 9, 1995, 20 TexReg 435; amended to be effective October 1, 1995, 20 TexReg 7280; amended to be effective January 10, 1997, 22 TexReg 737; amended to be effective January 1, 1998, 22 TexReg 12757.