1. (a) An examination may not be taken by one who currently holds an active certificate from the commission in the discipline to which the examination pertains, unless required by the commission in a disciplinary matter.

2. (b) In order to qualify for a commission examination, the examinee must:

   1. (1) meet or exceed the minimum requirements set by the commission as a prerequisite for the specified examination;
   2. (2) provide the staff examiner with a copy of a Certificate of Completion for the course required for the specific examination sought or an endorsement of eligibility issued by the commission;
   3. (3) bring to the test site and display upon request some identification which contains a photograph of the examinee;
   4. (4) report on time, to the proper location; and
   5. (5) comply with all the written and verbal instructions of the examiner.

3. (c) No person shall be permitted to:

   1. (1) violate any of the fraud provisions of this section;
   2. (2) disrupt the examination;
   3. (3) bring into the examination site any books, notes, or other written materials related to the content of the examination;
   4. (4) refer to, use, or possess any such written material at the examination site;
   5. (5) give or receive answers or communicate in any manner with another examinee during the examination;
   6. (6) communicate at any time or in any way, the contents of an examination to another person for the purpose of assisting or preparing a person to take the examination;
   7. (7) steal, copy, or in any way part of the examination;
   8. (8) engage in any deceptive or fraudulent act either during an examination or to gain admission to it; or
   9. (9) solicit, encourage, direct, assist, or aid another person to violate any provision of this section.

Source Note:The provisions of this §439.7 adopted to be effective November 1, 1998, 23 TexReg 10901.