S.D. Admin. R. 20:75:02:05

Current through Register Vol. 50, page 159, June 17, 2024

Section 20:75:02:05 - Misconduct during examination

The board or its representative who is administering the examination may expel an applicant from further participation in the examination because of misconduct during the examination. The board may suspend the applicant's right to take any subsequent examination. No grade may be given for the examination of an expelled applicant. Acts of misconduct during an examination session include the following:

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

(2) Communication between candidates inside or outside of the examination room while the examination is in progress, copying another's answers, or allowing one's answers to be copied;

(3) Communication with others outside the examination room while the examination is in progress;

(4) Possession of or reference to crib sheets, textbooks, or other material inside or outside the examination room while the examination is in progress;

(5) Substitution by an applicant of another person to sit in the examination room in the applicant's stead and write one or more of the examination papers;

(6) Removal of an examination booklet, answer booklet, answer sheet, or workpaper from the examination room;

(7) Failure to comply with directions during an examination session;

(8) Failure to stop writing at the conclusion of the examination session; and

(9) Possession of any item in the examination room concealed in any manner on the applicant or in personal items, such as any type of camera, cellular phone, or audio equipment, which is capable of transmitting examination information either by photographing, e-mailing, texting, or by audio.

For any violation of subdivision 1-9 under this rule, the board may postpone a scheduled examination, the release of grades, or the issuance of certificates 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.

Prior to acceptance for any future examination, an individual who has been expelled from an examination due to misconduct must petition the board in writing requesting readmission. Upon receipt of the petition, the board may schedule a formal hearing in accordance with SDCL chapter 1-26. The petitioner must demonstrate by clear and convincing evidence that the petitioner should be readmitted to an examination. The cost of the hearing must be paid by the petitioner.

S.D. Admin. R. 20:75:02:05

29 SDR 16, effective 8/14/2002; 30 SDR 199, effective 2/9/2004.

General Authority: SDCL 36-20B-19.

Law Implemented: SDCL 36-20B-19.

Discretion to waive certain requirements, § 20:75:01:07; "Good moral character" defined, SDCL 36-20B-14.