N.J. Admin. Code § 13:29-1A.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:29-1A.7 - Security and irregularities; cheating

(a) Notwithstanding any other provisions of this subchapter, the Board may postpone scheduled examinations, the release of grades, or the issuance of licenses due to a breach of examination security; unauthorized acquisition or disclosure of the contents of an examination; suspected or actual negligence, errors, omissions, or irregularities in conducting an examination; or for any other reasonable cause or unforeseen circumstance.

(b) Cheating by an applicant in applying for, taking, or subsequent to the examination shall be deemed to invalidate any grade otherwise earned by the applicant on any test section of the examination, and may warrant summary expulsion from the test site and disqualification from taking the examination for a specified period of time.

(c) For purposes of this section, the following actions or attempted activities, among others, may be considered cheating:

1. Falsifying or misrepresenting educational credentials or other information required for admission to the examination;

2. Communication between applicants while the examination is in progress both inside or outside the test site or copying another applicant's answers;

3. Communication with others inside or outside the test site while the examination is in progress;

4. Substitution of another person to sit in the test site in place of the actual applicant;

5. Violating the nondisclosure prohibitions of the examination, aiding or abetting another in doing so or otherwise participating in the collection of test items for use, redistribution or sale;

6. Retaking or attempting to retake a test section by an individual holding a valid license or by an applicant who has unexpired credit for having already passed the same test section, unless the individual or applicant has been expressly directed to retake the test section pursuant to a Board order or expressly authorized by the Board to retake the test section; or

7. Reference to crib sheets, textbooks or other material or electronic media, other than that provided to the applicant as part of the examination, inside or outside the test site while the examination is in progress.

(d) In any case where it appears that cheating has occurred or is occurring, the applicant may be summarily expelled from the examination or moved to a position in the test site away from other examinees where the applicant may be watched more closely.

N.J. Admin. Code § 13:29-1A.7

New Rule, R.2004 d.480, effective 12/20/2004.
See: 36 N.J.R. 3494(a), 36 N.J.R. 5686(a).
Amended by R.2011 d.132, effective 5/16/2011.
See: 42 N.J.R. 2720(a), 43 N.J.R. 1260(b).
In (c)5, substituted a comma for "or" following "examination", inserted "or otherwise participating in the collection of test items for use, redistribution or sale" and deleted "or" from the end; in (c)6, substituted "; or" for a period at the end; and added (c)7.