OAR 918-001-0040: Cheating on Examinations

(1) Scope. This rule applies to: (a) Persons seeking Building Codes Division licensing or certification under the boiler and pressure vessel, plumbing, electrical, or manufactured structures laws and rules; (b) Any tradesperson or inspector required to pass an examination to be licensed or certified by the division or its boards, except those applying under the provisions of ORS 455.735; and (c) Persons who are required to be licensed pursuant to ORS 455.457 to perform specialty code inspections or plan reviews. (2) In addition to any passing grade requirement, a person fails an examination provided, authorized or required by the division or one of its boards if the person cheats in connection with an examination. A person "cheats in connection with the examination" if the person applies for or takes an examination and directly or indirectly: (a) Provides untrue information regarding qualifications to take the examination; (b) Uses unauthorized notes, devices or information during an examination; (c) Copies from another or allows another to copy during an examination; (d) Provides answers or assistance to another; (e) Otherwise uses unauthorized methods to gain an advantage or give another person an advantage in the examination; or (f) Without authority takes or copies examination questions or answers from the examination or storage site. (3) Nothing in this rule prevents the division from seeking revocation of a license issued by mistake if there was cheating in connection with the examination and the license should have been denied. (4) A person failing an examination as provided in this rule may ask for a contested case hearing under ORS Chapter 183. (5) Notwithstanding any rules to the contrary allowing a person to retake an examination, a person who fails an examination as provided in this rule shall not be allowed to take any division or division-related examination for one year following the notice of failure of the examination or final order determining that the person failed the examination.