- (a) The examinations will be administered in accordance with the NCEES or the board policies and procedures. An examinee who does not abide by the NCEES or the board policies and procedures will be subject to dismissal from the remainder of the examination. Cheating on examinations will not be tolerated. Examination proctors who observe that an examinee is giving assistance to or receiving assistance from another person, compromising the integrity of the examination, or participating in any other form of cheating during an examination shall require the examinee to surrender all examination materials. The examinee involved shall leave the room and shall not be permitted to return. Evidence of cheating found after the examination shall also be a cause for action. The executive director shall be informed of such instances of suspected cheating at the earliest possible opportunity and will determine appropriate action. When the executive director has determined that cheating occurred during an examination, the examination results of the persons who are determined to have cheated shall be invalidated.
- (b) If the executive director determines that an examinee has knowingly violated NCEES or the board policies and procedures or cheated, the examinee will be barred from taking any examination in Texas for a period of two years. Any application for licensure pending or approved for examination will be automatically proposed for denial and will be evaluated or re-evaluated on that basis. Any examination taken and passed in another state during the two-year period will not be acceptable for licensure purposes in Texas. Any subsequent examinations administered to the examinee will be given at the site and time determined by the executive director.
- (c) A licensed professional engineer suspected of cheating may be charged with violating §1001.452 of the Act and applicable board rules.
Source Note:The provisions of this §133.75 adopted to be effective May 20, 2004, 29 TexReg 4873.