La. Admin. Code tit. 7 § XXIX-113

Current through Register Vol. 50, No. 11, November 20, 2024

Section XXIX-113 - Examination Schedule and Examination

A. Examinations for licensure shall be administered in the commission's state office at 5825 Florida Boulevard, Baton Rouge, LA 70806 and, upon written request, in district offices of the department. Each applicant shall be notified of the date for the examination.

B. An applicant shall be disqualified from completing an examination or taking any other examination administered under these rules and regulations if the applicant is caught or found to be cheating on an examination. Cheating consists of:

1. giving or receiving unauthorized assistance to answer examination questions;

2. bringing unauthorized materials into the exam room or using unauthorized materials to answer examination questions;

3. using answers from another examinee;

4. copying questions or answers to examination questions to take from the examination room;

5. removing an examination booklet, answer sheet, or scratch paper from the examination room; or

6. any other action which may undermine the integrity of the examination process.

C. Any applicant caught or found to be cheating shall not be allowed to finish the examination and shall receive a score of zero. If an applicant finished the examination prior to the discovery of the cheating the applicant's examination shall be voided and the applicant shall receive a score of zero.

D. Any applicant who is not allowed under this Subsection C to finish an examination, or whose examination is voided, or who is disqualified from taking the examination or any other examination administered under these rules and regulations may appeal the action to the commission.

1. The appeal shall be in writing, state the grounds for the appeal, and filed with the director within 30 days after the date of the examination.

2. The appeal will be placed on the agenda for the next meeting of the commission and the applicant will be notified of the date and place of the next meeting.

3. The appeal will be decided by the commission. The decision of the commission shall be the final administrative decision in the matter.

4. An appeal from the decision of the commission shall be in accordance with the Administrative Procedure Act.

5. The action or administrative decision shall become final if no appeal is timely filed at any step in the proceedings or if the action is upheld on appeal.

E. During the pendency of any appeal or during the time limit for the filing of any appeal the applicant shall not be allowed to take any examination administered under these rules and regulations.

F. If the action or administrative decision is not appealed or is upheld on appeal then the applicant shall not be allowed to take or re-take the examination or any other examination administered under these rules and regulations for a period of three years from the examination date without the approval of the commission given at a meeting of the commission.

La. Admin. Code tit. 7, § XXIX-113

Promulgated by the Department of Agriculture, Horticulture Commission, LR 8:185 (April 1982), amended by the Department of Agriculture and Forestry, Horticulture Commission, LR 14:8 (January 1988), LR 18:250 (March 1992), LR 20:640 (June 1994), LR 31:1053 (May 2005), LR 35:1227 (July 2009), LR 37:3465 (December 2011), LR 40:759 (April 2014), Amended by the Department of Agriculture and Forestry, Office of Agricultural and Environmental Sciences, Horticulture Commission, LR 442127 (12/1/2018), Amended LR 461076 (8/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 3:3807 and R.S. 3:3801.