1. (a) An examination may not be taken by an individual 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) An individual who passes an examination and is not certified in that discipline, will not be allowed to test again until 30 days before the expiration date of the previous examination unless required by the commission in a disciplinary matter.

3. (c) 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 lead 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 form of identification which contains the name and 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 lead examiner.

4. (d) No examinee 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 reproduce any part of the examination;
   8. (8) engage in any deceptive or fraudulent act either during an examination or to gain admission to it;
   9. (9) solicit, encourage, direct, assist, or aid another person to violate any provision of this section; or
   10. (10) bring into the examination site any electronic devices.
5. (e) No person shall be permitted to sit for any commission examination who has an outstanding debt owed to the commission.

Source Note:The provisions of this §439.7 adopted to be effective March 27, 2006, 31 TexReg 2700.