- (a) The agency may administratively cancel the scores of an examinee because of test irregularities and shall mail written notice of such cancellation to the examinee, including the reasons for such action. The examinee shall be given the opportunity to show compliance with test administration rules or procedures.
- (b) The examinee may appeal the administrative cancellation of test scores by requesting a hearing before the office. The appeal of an administrative cancellation shall be in the form of a request for hearing before the office and shall be filed with the agency. No appeal of an administrative cancellation shall receive a contested case hearing on the merits unless the request for hearing is received by the agency within 30 calendar days after the person received written notice of the agency's action. If supported by an ALJ's proposal for decision, the executive director may dismiss an appeal not timely filed.
- (c) The agency shall mail to the examinee written notice of the referral of the matter to the office for further proceedings. Not later than 30 calendar days after receiving such written notice of the referral, the examinee shall file a petition with the office that complies in content and form with the requirements of this chapter and 1 Texas Administrative Code, Chapter 155 (relating to Rules of Procedure). At the time of filing with the office, a copy of the petition shall be served on the agency as respondent through the executive director by United States certified mail, return receipt requested. If supported by an ALJ's proposal for decision, the board may dismiss an examinee's petition not timely filed or in compliance with the applicable requirements under this chapter or 1 Texas Administrative Code, Chapter 155.
- (d) Upon satisfactory evidence that the examinee has violated test administration rules or procedures, the board may cancel the examinee's test scores or registration or bar the person from being admitted to a future test administration.
Source Note:The provisions of this §249.11 adopted to be effective March 31, 1999, 24 TexReg 2304.