Section 312 IAC 2-5-2 - Informal review of test failure by administering divisionAuthority: IC 14-10-2-4; IC 25-39-4-9
Affected: IC 14; IC 25-39
Sec. 2.
(a) A license applicant that is notified of a fail score on a written or practical examination may seek informal review from the director of the division, or the division director's designate, of the examination results.(b) An applicant must submit the request for informal review with the director of the division, or the division director's designate, within the earlier of: (1) fifteen (15) days if notification of a fail score included the address of the person to whom the request must be directed and a statement the request must be made within fifteen (15) days of the notice; or(2) ninety (90) days if the notification of a fail score did not include the information described in subdivision (1).(c) The division shall conduct the review in an informal manner. If requested by the applicant, the division shall confer with the applicant at the division's office before deciding the informal review.(d) The division director or the division director's designate may take any appropriate action, including retesting or the issuance of a license, if determining the fail score was the likely result of any of the following: (1) A significant procedural error by the division.(2) Adverse environmental conditions immediately preceding or during the test administration.(3) Both of the following: (A) The applicant was within ten percent (10%) of a passing score.(B) A test question or questions is demonstrated to exhibit fundamental ambiguity that could be reasonably expected to cause an applicant to select an answer other than the answer identified by the division as correct.Natural Resources Commission; 312 IAC 2-5-2; filed Jan 2, 2013, 3:40 p.m.: 20130130-IR-312120273FRA; Readopted filed 5/20/2014, 9:48 a.m.: 20140618-IR-312140027RFAReadopted filed 5/20/2020, 9:55 a.m.: 20200617-IR-312200178RFA