1. (a) An examination may not be taken by an individual who already holds an active license.

2. (b) Eligibility to take a state licensing exam is based on:

   1. (1) a previously completed commission-approved basic licensing course or academic alternative program;
   2. (2) an examination result over two years when the individual has not been appointed;
   3. (3) qualification to reactivate a Texas license identified by §217.19 of this title;
   4. (4) out of state or federal training, licensing, or certification accepted by the commission; or
   5. (5) county corrections training identified by Texas Occupations Code, Chapter 1701, §1701.310.
3. (c) To maintain eligibility to attempt a licensing exam the applicant must meet the basic licensing enrollment standards identified by §215.15 of this title; or if previously licensed, meet the minimum initial licensing standards identified by §217.1 of this title.
4. (d) An eligible examinee will be allowed three opportunities to pass the examination. If an individual is dismissed from an exam for cheating, any remaining attempts are invalidated and the basic licensing course must be repeated.
5. (e) After three failures, the examinee must repeat the basic licensing course for the license sought. The academic alternative program may not be repeated.
6. (f) If an attempt is invalidated for any reason, except for a commission error, that attempt will count as one of the three opportunities.
7. (g) The effective date of this section is January 1, 2012.

Source Note:The provisions of this §219.1 adopted to be effective January 1, 2012, 36 TexReg 8995.