The purpose and effect of the proposed rule amendments is to remove burdensome, unnecessary language, or language that is not statutorily mandated, to clarify technical language, to update reference manuals and other forms used by the Department, ...

 

DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION

RULE NO.: RULE TITLE:
61-11.001: Application Deadlines
61-11.002: How to Apply
61-11.004: Certification of Eligibility
61-11.005: Notification of Applicants
61-11.006: Examination Administration
61-11.007: Conduct at Test Site, and Notice of Protection Privileges by and to the Department
61-11.008: Licensure Examination Format and Procedures for Candidates with Disabilities
61-11.010: Grading of Examinations and Grade Notification
61-11.012: Petitioning for a Formal Administrative Hearing and Requesting a Pre-hearing Review
61-11.015: Definition of a National Examination
61-11.017: Candidates' Post Exam Review of Examination Questions, Answers, Papers, Grades and Grading Key
61-11.0175: Petition or a Formal Administrative Hearing and Requesting a Pre-Hearing Review
61-11.018: Translations

PURPOSE AND EFFECT: The purpose and effect of the proposed rule amendments is to remove burdensome, unnecessary language, or language that is not statutorily mandated, to clarify technical language, to update reference manuals and other forms used by the Department, and to update the process for applying for, taking, reviewing, and challenging examinations with the Department or contracted vendors, as permitted by Section 455.217, F.S. The language in Rule 61-11.012, F.A.C. is being amended and moved to 61-11.0175, F.A.C., as it is more appropriately located following Rule 61-11.017, F.A.C.

SUMMARY: The amendments remove burdensome, unnecessary language, or language that is not statutorily mandated, clarifies technical language, updates reference manuals and other forms used by the Department, and updates the process for applying for, taking, reviewing, and challenging examinations with the Department or contracted vendors.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Bureau of Education and Testing conducted an analysis of the proposed rule’s potential economic impact and determined that it did not exceed any of the criteria established in Section 120.541(2)(a), F.S.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 455.203(5), 455.213(1), 455.217(1), 455.229, FS.

LAW IMPLEMENTED: 119.07(3), 120.60, 455.213(1), 455.217(1), 455.217(3), 455.217(6), 455.229, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAW.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: R. Kathleen Brown-Blake, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

THE FULL TEXT OF THE PROPOSED RULES IS:

61-11.001 Application Deadlines.

(1) Unless otherwise provided below or in board rule, completed applications for licensure examinations shall be submitted on a form as required by board rule, or department rule when there is no board, to the Department at least 60 days prior to the scheduled examination.

(2) Applications for permission to sit as a first-time candidate for the accountancy examination shall be postmarked or filed with the Department on or before February 1 for the May examination and on or before August 1 for the November examination.

(a) The items of original application which must be filed or postmarked by February 1 or August 1 are as follows: application fee, completed application form, character reference forms, and photographs.

(b) Official transcripts must be received on or before March 1 for the May examination and September 1 for the November examination. For those applicants who complete the educational requirements after February 1 and August 1, official transcripts must be delivered to the Department within 30 days after completion of the requirements. In no instance shall transcripts be delivered to the Department later than the thirtieth day prior to the commencement of the examination, which dates will be considered the times of application for the purpose of satisfying Chapter 473, F.S., if mailed, the postmark will be considered the delivery date.

(c) Applications to sit as an extended or conditioned candidate shall be made in writing to the Department. Such written request and application fee shall be postmarked or filed with the Department no later than March 1 for the May examination and September 1 for the November examination.

(3)(a) Applicants applying for the land surveyors examination shall submit their applications 120 days prior to scheduled examination.

(b) Completed applications will be reviewed by the board or its designee, to determine eligibility, 90 days prior to scheduled examination.

(c) Applicants applying for the Surveyor-in-Training (SIT) examination shall submit their completed application 90 days prior to scheduled examination.

(4) Application for the national funeral director and embalmer licensure examinations must be submitted ninety (90) days prior to the date of the administration of the examination.

(2)(5)(a) An applicant will be rescheduled for the next available examination if the applicant is unable to sit for the originally scheduled examination by reason of military service and submits to the board, or the Department where there is no board, or to the computer-based testing (CBT)-contracted vendor, a copy of the applicant’s military orders or a letter from the applicant’s commanding officer.

(b) An applicant’s examination will be rescheduled if the applicant demonstrates to the board, or to the Department where there is no board, or to the computer-based testing (CBT)-contracted vendor, that there was a death in the immediate family, serious injury, illness, or other physical impairment that prevented the candidate from taking the examination. Any such request to reschedule an examination shall include a copy of documentation demonstrating the aforementioned circumstance which a death notice or death certificate or a statement from the applicant’s treating physician which attests that such injury, illness or physical impairment prevented the applicant from taking the examination.

(c) Any requests for rescheduling of an examination under this section shall be submitted to the board, or the Department where there is no board, or to the computer-based testing (CBT)-contracted vendor, in writing no later than 21 days following the last day of the applicable examination.

Rulemaking Specific Authority 455.203(5), 455.213(1) FS. Law Implemented 455.213(1) FS. History–New 9-25-80, Amended 1-30-83, Formerly 21-11.01, Amended 11-29-89, 6-9-91, 6-18-91, Formerly 21-11.001, Amended 9-18-96, 2-25-01,________.

61-11.002 How to Apply.

The application will be accompanied by the required fee for application and examination and all documents and other material that are to be considered in support of the application. In addition, two photographs of the applicant’s face and head, size two (2) inches by two (2) inches, not more than twelve (12) months old, will be included. Any photograph which is not identifiable will be returned to the applicant and will delay the processing of the application. For examinations administered by a computer-based testing vendor, applicants shall provide two (2) forms of signature identification, one of which contains a photograph and the signature of the applicant. only one photograph shall be required. Applicants must be prepared to show sufficient identification to obtain admission to the test site.  Student and employment identification cards shall not be accepted.

Rulemaking Specific Authority 455.203(5), 455.213(1) FS. Law Implemented 455.213(1), 455.217(1) FS. History–New 9-25-80, Formerly 21-11.02, 21-11.002, Amended 2-25-01,________.

61-11.004 Certification of Eligibility.

(1) The Department, or its designee, will review all applications for licensure by examination to determine completeness of the application.

(1)(2) The Department shall determine that an application is complete within thirty (30) days after receipt. The Department, where there is no board, shall determine whether the applicant is qualified to take the licensure examination. Where there is a board, the application shall be scheduled for the next available meeting of the appropriate board for the board to determine whether the applicant is qualified to take the licensure examination. This eligibility determination shall be made within the time requirements of Section 120.60(1), Florida Statutes.

(3) If the Department or board determines that the applicant is not qualified to take the examination the applicant may petition for a hearing before an administrative law judge under Section 120.57, Florida Statutes.

(2)(4) For Department administered examinations, or examinations administered by the computer-based testing (CBT)-contracted vendor, unless otherwise specified by board rule, the board, or the Department when there is no board, shall provide the Bureau of Education and Testing or the computer-based testing (CBT)-contracted vendor a certified list of candidates eligible or pending determination of eligibility to take an examination. The certified list shall be provided to the Bureau of Education and Testing or to the computer-based testing (CBT)-contracted vendor at least 20 45 days prior to each examination administration. Candidates who are identified as pending eligibility will may be changed to certified eligible up to 18 days prior to the examination administration date. Candidates who are not identified on the original certified list shall not be permitted to take the examination unless approved by the Chief of the Bureau of Education and Testing.

(a) The Barbers’ Board shall provide a certified list of eligible candidates to the Bureau of Testing at least 21 days prior to the examination administration date. The list must be final and shall not include any candidates who are pending determination of eligibility.

(b) The Division of Certified Public Accounting shall provide the Bureau of Testing with site rosters and copies of admission slips at least 21 days prior to the examination admission date.

Rulemaking Specific Authority 455.203(5), 455.217(1) FS. Law Implemented 120.60, 455.213(1), 455.217(1) FS. History–New 9-25-80, Amended 2-3-81, Formerly 21-11.04, 21-11.004, Amended 9-18-96, 2-25-01,________.

61-11.005 Notification of Applicants.

(1) For Department administered examinations, unless otherwise specified by board rule, after a decision is made that an applicant meets the lawful requirements for the licensure examination, the Department will schedule the applicant for the next examination where for which space is available that begins at least forty-five (45) days after the applicant is certified eligible.

(2) If all certified candidates cannot be scheduled for the next examination due to space, time, or other limitations beyond the control of the Department, the candidates will be scheduled chronologically according to the date the candidate was certified as eligible or the date the scheduling request was received by the computer-based testing (CBT)-contracted vendor.

(3) The Department or CBT-contracted vendor will notify applicants of the time, place, and date of the examination and provide the applicant with an official admission card or confirmation number, which will be required for admission to the examination. The notice will also inform the applicant what material, if any, should be taken to the examination. The Department or CBT-contracted vendor shall inform the candidate of the length of the examination, subject content of the examination, and any special equipment or materials needed for the examination.

Rulemaking Specific Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(1), 120.60 FS. History–New 9-25-80, Formerly 21-11.05, 21-11.005, Amended 9-18-96, 2-25-01,________.

61-11.006 Examination Administration.

(1) During the examination, the candidates will follow the instructions of the examination supervisor. The candidates will be permitted to ask reasonable questions of the Department’s or computer-based testing (CBT)-contracted vendor’s examination supervisor and proctors relating to the instructions.

(2) The Department’s valid admission slip for the specified examination and a government-issued, signature bearing photo I.D., such as a driver’s license, must be presented in order to gain admission to the examination. This identification shall be acceptable in the absence of the admission slip provided the candidate’s name appears on the examination admission roster that has been prepared by the Department for the specific examination. All CBT examination candidates will be required to provide two forms of signature identification, one of which must be photo bearing.

(3) If the candidate arrives at the designated testing location after the designated starting time for an examination administered by the Department, the candidate will be permitted to take the examination only after the candidate has signed a statement clearly indicating the candidate’s late arrival time, and agreeing that the candidate will have only the remaining designated time in the examination to complete the examination. Any candidate who refuses to sign such a statement will be disqualified from the examination and must may apply to the Department for scheduling for the next available examination. If, when the late candidate arrives, any other candidate has already finished the examination and left the examination room, the late candidate will not be permitted to sit for the examination and must apply to the Department for scheduling for the next available examination. For CBT examinations and national examinations, late candidates shall comply with the CBT-contracted vendor’s or the national examination organization’s policies and procedures.

(4) All Department administered examinations will be administered in accordance with the “General Administration Manual for Examinations (GAME), copyright 2010 2000,” incorporated herein by reference and made available by the Bureau of Education and Testing, which may be obtained by writing to the Department of Business and Professional Regulation, Attention: Examination Administration, Northwood Centre, 1940 North Monroe Street, Tallahassee, Florida 32399-0791. Administration requirements set forth by national boards and councils will be complied with in the administration of the specific examination.

(5) All examination items, answer sheets, examination books, other examination papers, computer files, and materials are the sole property of the Department of Business and Professional Regulation or the national provider. No candidate shall take any of the examination questions, examination books, answer sheets, other examination papers, computer files, and materials from the examination room or retain, reproduce, or compromise the materials in whole or in part by any means or method whatsoever.

(6) For CBT examinations, candidates are permitted to test out of state and are, subject to fees charged by the CBT-contracted vendor to the candidates for this service.

Rulemaking Specific Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Amended 2-3-81, 12-7-81, 10-28-82, Formerly 21-11.06, Amended 6-22-88, 7-10-90, Formerly 21-11.006, Amended 9-18-96, 2-25-01,________.

61-11.007 Conduct at Test Site, and Notice of Protection Privileges by and to the Department.

(1) The examination supervisor, proctors, and computer-based testing (CBT)-contracted vendor are the Department’s designated agents in maintaining a secure and proper examination administration.

(2) The department and its designated agents shall may use any technology reasonably necessary to protect the integrity and security of any licensure examination. To safeguard and maintain the validity, reliability, integrity, security, and confidentiality of the examination items, as set forth in Section 119.07(6), Florida Statutes, Section 119.071(1)(a), Florida Statutes, Section 455.217(1)(e) and (5), Florida Statutes, Section 455.229(1) and (2), Florida Statutes, Rule 61-11.006, Florida Administrative Code, and Rule 61-11.017, Florida Administrative Code, candidates must wait a twenty-four (24)-hour grace period after the release date on the original failed grade notification to reschedule on-line or through any contact with a representative of the Department or CBT-contracted vendor to reschedule for any failed examination.

(3) Any individual found by the Department or any board within the Department to have engaged in conduct which subverts or attempts to subvert the examination process will be subject to confiscation of any written, photographic, or recording materials or devices in the possession of the applicant at the examination site, will may have his or her scores on the examination withheld and/or declared invalid, be disqualified from the practice of the profession, and/or be subject to the imposition of other appropriate sanctions by the Department or, if administered by a board within the Department, by the applicable board. Any individual under investigation for an alleged violation of Section 455.2175, F.S. shall be prohibited from taking another exam until the criminal investigation determines if a violation occurred. If the investigation reveals that a violation did occur, the individual is prohibited from taking another exam for licensure with the Department.

(4) Conduct which subverts or attempts to subvert the examination process includes:

(a) Conduct which violates the security of the examination materials, such as removing from the examination room any of the examination materials; reproducing or reconstructing any portion of the licensing examination; aiding by any means in the reproduction or reconstruction of any portion of the licensing examination; selling, distributing, buying, receiving or having unauthorized possession of any portion of a future or current licensing examination.

(b) Conduct which violates the standard of test administration, such as communicating with any other applicant examinee during the administration of the examination; copying answers from another applicant examinee or permitting one’s answers to be copied by another applicant examinee during the administration of the examination; having in one’s possession during the administration of the licensing examination any book, notes, written or printed materials or data of any kind, other than the examination materials distributed or specifically listed as approved materials for the examination room in the information provided to the applicant examinee in advance of the examination date by the Department and/or the national supplier of the examination.

(c) Conduct which violates the credentialing process, such as falsifying or misrepresenting educational credentials or other information required for admission to the examination; impersonating an applicant examinee or having an impersonator take the licensing examination on one’s own behalf.

(5) Any violation of the conduct rules or other irregularities will be documented in writing by the Department’s agent(s) and the documentation of the violation or irregularity will be presented to the appropriate regulatory board or departmental unit for consideration and action. The Department’s agent(s) shall exercise extreme care in their documentation to ensure that the violation or irregularities are precisely recorded as they were witnessed.

(6) The department or its designated agents shall take steps reasonably necessary to prevent or investigate any conduct which subverts or attempts to subvert the examination process.

Rulemaking Specific Authority 455.203(5), 455-217(1)(e) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Formerly 21-11.07, Amended 6-22-88, Formerly 21-11.007, Amended 9-18-96, 2-25-01, 9-1-02,_________.

61-11.008 Licensure Examination Format and Procedures for Candidates with Disabilities (ADA).

(1) The Department of Business and Professional Regulation will provide reasonable and appropriate accommodations to candidates with physical, mental, or specific learning disabilities to the extent permitted by cost, administration restraints, security considerations, and availability of resources. Accommodations made will vary depending upon the nature and the severity of the impairment. Each case will be dealt with on an individual basis within the limits prescribed herein. In the instances of nNational examinations, guidance will be sought from the nNational provider. Reference information and guidelines regarding the process for documenting disabilities are contained in the document titled “ADA Application Instruction Booklet”, Request for Test Accommodations for Examinees with Disabilities,” made available by the Bureau of Education and Testing, which may be obtained by writing the Department of Business and Professional Regulation, Attention: Special Testing Coordinator, Northwood Centre, 1940 North Monroe Street, Tallahassee, FL 32399-0791.

(2) A candidate requesting special accommodation must file the ADA application, incorporated herein by reference, request in addition to his or her completed application for licensure examination by the final application deadline of the assigned examination. The candidate must provide the following documentation of his or her disability completed by an appropriate professional. The application and documentation required by this subsection must be provided on form number 2002-064, incorporated herein by reference and dated March 2000. This form can be obtained by writing the Department of Business and Professional Regulation, Attention: Special Testing, Northwood Centre, 1940 North Monroe Street, Tallahassee, FL 32399-0791. The candidate’s documentation shall include:

(a) The diagnosis and length of time with the condition;

(b) The name and the results of the test(s) used for diagnosis; and

(c) Recommended accommodations and testing environment.

(3) Reasonable and appropriate accommodations will be made for qualifying candidates. All accommodations must be directly linked to the amelioration of the identified functional limitations caused by the asserted disability and must be reasonable and effective. Permissible accommodations include:

(a) Flexible Time. Candidates requiring extra time for the examination must submit a recommendation of such from an appropriate professional. The Department recognizes that reading Braille or using a live reader takes longer than reading regular print. Untimed examinations will not be provided.

(b) Flexible Setting. Individual and small group setting examination administrations shall be available to candidates when such a service is recommended by an appropriate professional.

(c) Flexible Recording of Responses. The candidate’s responses can be recorded by a proctor, a tape recorder, a typewriter, a Braille writer, marked on the examination test booklet, or other method approved by the Department. The proctor may transcribe the candidate’s responses onto a machine scannable answer sheet. In these instances, the candidate will verify that the answers he or she indicated were marked.

(d) Flexible Format. The examination test booklet may be produced in large print, high quality regular print, Braille, or the test may be tape recorded, read aloud, or signed by an interpreter.

(e) Assistive Devices. The candidate, upon approval of the department, will be allowed to use appropriate assistive devices, such as lights, magnifiers, or special computer screens.

(4) The Department shall request further evidence on the necessity of the accommodation when the evidence substantiating the need for the accommodation is not complete. The Department shall request that the applicant submit to another professional evaluation to verify the disability or to determine what accommodations are most appropriate and effective when the initial evaluation is inconclusive, unclear, or does not substantiate the need for the requested accommodation.

(5) In no case shall any modifications authorized herein be interpreted or construed as an authorization to provide a candidate with assistance in determining the answer to any test item. No accommodation or modification shall be made that adversely affects the integrity of the examination.

(6) Definition of Terms.

(a) A person with disabilities means any person who:

1. Has a physical, mental, or specific learning disability which presently substantially limits one or more major life activities;

2. Has a record of such a disability; or

3. Is regarded as having such a disability.

(b) Major life activities are activities that an average person can perform with little or no difficulty including walking, talking, hearing, breathing, learning, working, caring for one’s self, and performing manual tasks.

(c) A person with a physical disability means any person who has a permanent or temporary physical or psychomotor disability. Examples of a disability under this section include those disabilities that require the use of a wheelchair, braces, or crutches. It also includes candidates with a hearing or sight disability, or those who will may need special accommodation to move about.

(d) A person with a learning disability means any person who has a permanent or temporary mental disability such as brain damage, brain dysfunction, dyslexia, or a perceptual disorder.

(e) For purposes of this rule, “an appropriate professional” means a physician licensed pursuant to Chapters 458 (Medical Practice) or 459 (Osteopathic Medicine), Florida Statutes; a professional licensed pursuant to Chapters 460 (Chiropractic), 461 (Podiatric Medicine), 463 (Optometry), 468, Part I (Speech-Language Pathology and Audiology), or 490 (Psychological Services), Florida Statutes; or appropriately licensed in the state where in which the certification of disability was performed. Any certification, documentation, or recommendation relating to a candidate’s disability provided by an appropriate professional pursuant to the requirements of this rule must not be beyond the scope permitted by law for that professional or that which the professional knows or has reason to know that he or she is not competent to perform.

Rulemaking Specific Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(1) FS. History–New 9-25-80, Formerly 21-11.08, Amended 6-22-88, Formerly 21-11.008, Amended 2-25-01, _________.

61-11.010 Grading of Examinations and Grade Notification.

(1) Pursuant to Section 455.217, Florida Statutes, grading of all examinations shall be processed only as follows:

(a) National Examinations shall be graded solely and exclusively by the national examination provider or its designee. National examinations shall include those developed by or for national boards, councils, associations or societies.

(b) Departmentally developed objective, multiple choice examinations shall be graded by the Department or its designee. The Department shall review the item analysis and any statistically questionable items after the examination has been administered. Based upon this review, the Department shall adjust the scoring key by totally disregarding the questionable items for grading purposes or by multi-keying, giving credit for more than one correct answer per item. All items which do not adequately and reliably measure the applicant’s ability to practice the profession shall be rejected. The Department or its designee shall calculate each candidate’s grade utilizing the scoring key or adjusted scoring key, if applicable, and shall provide each candidate with a grade report. The only paper that shall be graded is the official answer sheet. No credit shall be given for answers written in a candidate’s examination booklet.

(c) Departmentally developed practical examinations shall be graded by the Department or its designee. The Department shall review the item analysis, if applicable, examiner agreement report, and any procedure judged to be statistically questionable after the examination has been administered. Based upon this review, the Department shall adjust the scoring criteria by rejecting, crediting, or giving partial credit for any procedure or question which does not adequately and reliably measure the applicant’s ability to practice the profession. The Department or its designee shall calculate each candidate’s grade using the scoring criteria or adjusted scoring criteria, if applicable, and shall provide each candidate with a grade report.

(d) If after the distribution of grades for a particular administration there are adjustments to the scoring, amended grade reports shall be mailed to all failing candidates whose scores are increased and to all candidates whose pass/fail status changes due to the adjustment unless the candidate has taken and passed a subsequent administration of the examination.

(e) Examinations developed or administered for the Department by contracted vendors professional testing companies other than national examination providers shall be graded by the contracted vendor testing company or by its designee. Grading procedures shall be in compliance with the provisions of this rule.

(2) The Department shall notify the candidate of the results of the candidate’s examination no later than sixty (60) days after the examination date, except when the grades, or portions thereof, are computed by the national board, council, association, or society responsible for a national examination in Florida. The grades for an examination containing a national portion shall be sent to the candidate no later than thirty (30) days after the receipt of the grades by the Department from the national board, council, association, or society responsible for the national examination in Florida. For Harbor Pilots, final results of the examination will be released sixty  (60) 60 days after the reviews are completed.

(3) The Department or its designee shall inform each passing candidate of the candidate’s status and provide necessary instructions for obtaining a license.

(4) Any candidate who does not receive a passing score on a licensure or certification examination will be notified of the examination results test(s) failed, the requirements for re-examination, and review, and formal administrative hearing appeal rights and procedures.

Rulemaking Specific Authority 455.203(5), 455.217(1) FS. Law Implemented 120.60, 455.217(1), 455.229 FS. History–New 9-25-80, Formerly 21-11.10, Amended 10-27-92, 5-27-93, Formerly 21-11.010, Amended 9-18-96, 2-25-01,________.

61-11.012 Petitioning for a Formal Administrative Hearing and Requesting a Pre-hearing Review

Rulemaking Specific Authority 455.203(5), 455.229 FS. Law Implemented 120.60, 455.217, 455.229 FS. History–New 9-25-80, Amended 2-3-81, 12-7-81, Formerly 21-11.12, Amended 6-14-89, 5-2-91, 7-28-92, 10-27-92, 5-27-93, Formerly 21-11.012, Amended 9-18-96, 2-25-01, Repealed________.

61-11.015 Definition of a National Examination.

(1) In compliance with Section 455.217(1)(d), Florida Statutes, the Department shall use any national examination which is available and approved by the board.

(1)(2) A national examination is an examination developed by or for a national or multi-state professional association, board, council, or society (hereinafter referred to as organization) and administered for the purpose of assessing entry level standards of practice skills necessary to protect the health, safety, and welfare of the public from incompetent practice and meets the following standards:

(a) The organization must be generally recognized by practitioners across the nation in the form of representatives from the State Boards or shall have membership representing a substantial number of the nation’s or states’ practitioners who have been licensed through the national examination.

(b) The organization shall be the responsible body for overseeing the development and scoring of the national examination.

(2) Generally accepted testing standards must meet the following criteria:

(a) The purpose of the examination assesses shall be to establish entry level standards of practice that shall be common to all practitioners;

(b) The practice of the profession at the national level must be defined through an occupational analysis survey with a representative sample of all practitioners and professional practices; and

(c) The examination for licensure must assess the scope of practice and the entry skills defined by the national occupational analysis; and survey.

(3) The organization must be generally recognized by practitioners across the nation in the form of representatives from the State Boards or shall have membership representing a substantial number of the nation’s or states’ practitioners who have been licensed through the national examination.

(4) The organization shall be the responsible body for overseeing the development and scoring of the national examination.

(d)(5) The organization shall provide security guidelines for the development and grading of the national examination and shall oversee the enforcement of these guidelines.

(3) Parts A and B of the Examination Evaluation Questionaire are adopted and incorporated herein by reference. This questionaire can be obtained at 1940 North Monroe Street, Tallahassee, Florida 32399.

Rulemaking Specific Authority 455.203(5), 455.217(1)(d) FS. Law Implemented 455.217(1)(d)(c) FS. History–New 6-14-89, Formerly 21-11.015, Amended 2-25-01,________.

61-11.017 Candidates’ Post Exam Review of Examination Questions, Answers, Papers, Grades and Grading Key.

(1) Subsections (1) through (7) shall apply to all examinations other than those given pursuant to Chapter 475, Florida Statutes, and the Division of Real Estate. Pursuant to Section 455.217(3), Florida Statutes, a candidate who has taken and failed a departmentally developed objective multiple choice examination, a departmentally developed practical examination, or an examination developed for the Department by a computer-based testing (CBT)-contracted vendor or qualified national testing vendor permitting such a service, will professional testing company shall have the right to review only the last administered examination items, answers sheets, examination books, other examination, papers, grades, and grading keys for the parts of the examination failed or the questions the candidate answered incorrectly only. Review of examinations developed by or for a national council, association, or society (hereinafter referred to as “national organization”) shall be conducted in accordance with national examination security guidelines and timeframes.

(2) Those candidates who elect to exercise their right to review must submit a request in writing to the Department or on-line with the computer-based testing (CBT)-contracted vendor within the time frame as set forth in this section.

(a) Unless otherwise provided in board rule, written or on-line review requests must be received no later than twenty-one (21) days after the release date on the original grade notification. The issuance of an amended grade notice, if applicable, will not extend the deadline for a candidate to request a post-examination review, unless the amended grade notice affects the pass/fail status of the candidate.

(b) No request received past the specified deadline in paragraph (2)(a) will be accepted.

(3) Examination reviews shall be conducted in the presence of a representative of the Department or CBT vendor at the Department’s Tallahassee headquarters, Orlando, or Miami, where possible. Only the applicant will be permitted to attend the examination review and only one (1) review of the applicant’s last administered examination will be allowed or in the same city where the candidate sat for the exam.

(a) All examination reviews shall be conducted in accordance with that examination’s administration procedures to the extent possible and feasible.

(b) All security rules defined in Rules 61-11.006 and 61-11.007, Florida Administrative Code, shall apply to all review sessions. Any candidate violating any provision of said rules shall be dismissed from the review session and may be subject to other sanctions pursuant to Department and/or Board statutes or rules as determined by the board or Department when there is no board.

(c) Unless specified otherwise in board rule, all examination reviews by candidates shall be scheduled and completed no later than ninety (90) days after the release date on the original grade notification. However, a candidate may not participate in a review during the twenty-one (21) day period immediately prior to his or her next examination attempt. The review and challenge process is only available for the last failed examination administered or taken by the applicant.

(d) A representative of the Department or the CBT vendor shall remain with all candidates throughout all examination reviews. Candidates shall be informed that the representative cannot defend the examination or attempt to answer any examination questions during the review.

(e) Candidates will be given an examination review time of one-half (1/2) the time provided for the examination administration of the part failed at the Department or at the CBT-contracted vendor’s examination site at any reasonable time, under reasonable conditions, and in the presence of a representative of the Department or the CBT-contracted vendor.

(f) Examination Test booklets used by the candidate during the examination are not retained. Candidates reviewing the examination will be provided with a clean, exact copy of the original test questions. They will not be given the actual examination test booklets they used during the examination. Consequently, any marks or notes made by candidates during the examination will not be available during the review.

(g) Unless prohibited by board rule or national guidelines, candidates have the right to challenge any question that which they believe to may be ambiguous or any solution that which they believe to may be incorrect, and to request a formal administrative hearing if there are any disputed issues of material fact as set forth by Sections 120.569, 120.57, F.S., and Rule 61-11.012, F.A.C. if the challenge is found to be without merit. The candidate’s challenges must be submitted in writing during the scheduled review. Any challenges or supporting documentation submitted after the candidate has left the review room shall not be accepted.

(h) Upon completion of reviews, candidates shall acknowledge in writing the review start time, the review end time, all materials reviewed, and other relevant review information, which candidate’s acknowledgement must be verified by a representative of the Department or the CBT-contracted vendor.

(4) In addition to the provisions of subsection (3), examination candidates shall be prohibited from leaving the review with any written challenges, grade sheets, or any other examination materials.

(5) If an examination review results in a re-grade of examination, that re-grade shall be limited to the candidate who filed the examination challenge. For a practical examination, unless examination security is involved, a candidate may obtain by mail a copy of his or her grade sheets resulting from a practical examination.  The request must be made in writing to the Department, and adhere to provisions set forth in subsection (2)., be signed by the candidate, and state the address to which the grade sheets are to be mailed. This shall constitute a review of the practical examination.

(6) Unless otherwise specified in board rule or prohibited by guidelines as set forth by national contracted vendors, the review fee will not exceed $150 per exam part shall be 75, in addition to any fee charged for review by the national organization, if there is one.

(7) If a successful challenge results in a regrade of an examination, that regrade shall be limited to the candidate who filed the successful challenge.

(8) Division of Real Estate Examination Reviews.

(a) Each candidate who has taken a Division of Real Estate (DRE) examination for licensure or certification shall have the right to review the candidate’s most recent examination within two years from the date of the examination. The candidate shall be permitted to review only those questions the candidate answered incorrectly.

(b) The candidate or the candidate’s attorney shall make a request to the examination vendor, by telephone, facsimile, or in writing, for an appointment to review the candidate’s examination. The examination review, consisting of not more than one hour, shall be conducted at the examination vendor’s examination site during normal working hours.

(c) An employee of the examination vendor (examination review monitor) or authorized representative of the Department shall remain with the candidate and the candidate’s attorney during the reviewing process. Neither the examination review monitor nor authorized Department representatives are permitted to defend the examination or attempt to answer or refute any questions.

(d) Only the candidate and the candidate’s attorney shall be permitted to attend the examination review and only one review of the candidate’s examination will be allowed. Neither the candidate nor the candidate’s attorney will be permitted to copy questions from the test but may write on a separate paper, in the presence of the examination review monitor or authorized Department representative, any objections or questions the candidate has to the examination.

(e) The candidate and the candidate’s attorney shall leave the written objections and questions with the examination review monitor or authorized Department representative when the candidate and the candidate’s attorney leave the review room.

(f) If desired, a review by the appropriate Validation Committee may be requested, in writing to the Division, within 30 days from the date of the examination review.

(g) The review fee shall be $75.

(h) If an examination review results in a regrade of an examination, that regrade shall be limited to the candidate who filed the examination challenge.

Rulemaking Specific Authority 455.203(5), 455.217(3), 455.229 FS. Law Implemented 119.07(3)(a), 455.217(3)(2), 455.229 FS. History– New 10-26-92, Amended 5-27-93, Formerly 21-11.017, Amended 11-16-95, 9-18-96, 2-25-01,________.

61-11.0175 Petitioning for a Formal Administrative Hearing and Requesting a Pre-hearing Review.

(1) If the candidate did not exercise his or her right for the post-examination review, pursuant to Section 455.217, F.S., and elects to request a formal administrative hearing, he or she will be required to pay the post-examination review fee, as specified by board rule or by Department rule when there is no board, before a pre-hearing review is scheduled. In order to preserve the security and integrity of the examination, such candidate shall be permitted to review only the questions and answers missed on the examination.

(2) Any comments made during the pre-hearing review will not be responded to by the Department. All pre-hearing reviews shall be conducted at a location determined by the Department. All security procedures outlined in Rules 61-11.007 and 61-11.017, Florida Administrative Code, shall apply to the candidate, the candidate’s attorney, and the candidate’s expert witness for all review sessions.

(3) In preparation for a formal administrative hearing, if it is discovered by the Department that credit should be awarded for one or more items outlined in the candidate’s petition, an amended grade notice shall be issued reflecting his or her amended score.

Rulemaking Authority 455.203(5), 455.229 FS. Law Implemented  455.217, 455.229 FS. History–New________.

61-11.018 Translations.

In authorizing the translation of licensure examinations to an applicant’s native language, the Legislature has determined that translated licensure examinations pose no inherent threat to the public health, safety, and welfare.

(1) To allow the Department sufficient time to translate an examination, an applicant for licensure in a profession directly regulated by the department wishing to take the examination in a language other than English or Spanish shall:

(a) File a written request with the Department at least six (6) months prior to the date of the scheduled examination.

(b) Submit, in addition to all other applicable fees, the required translation fee as defined in subsection (2) of this rule on or before the 60th day prior to the date of the scheduled examination.

(2) The Department shall notify the applicant of the amount of the translation fee on or before the 75th day prior to the scheduled examination. The amount of the fee for each applicant for the translated examination shall be a pro rata share for all applicants applying to take the scheduled translated examination to cover the Department’s full direct and indirect costs of the development, preparation, administration, grading and evaluation of the translated examination.

(3) Unless otherwise specified in board rule or prohibited by national guidelines, in lieu of a translated examination, candidates may elect to use a translation dictionary. This dictionary must consist of only word or phrase translations and must remain as published. Dictionaries containing definitions of words, explanations of words or handwritten notes will not be permitted. A representative of the Department or Computer-Based Testing (CBT)-contracted vendor Testing center staff will inspect and approve the dictionary at the examination site and approve it before it can be used during the examination. Any dictionary that does not meet these criteria will be rejected.

Rulemaking Specific Authority 455.203(5), 455.217(1) FS. Law Implemented 455.217(6) FS. History–New 1-4-94, Amended 2-25-01,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: R. Kathleen Brown-Blake, Assistant General Counsel, Department of Business and Professional Regulation, 1940 North Monroe Street, Tallahassee, Florida 32399, [phone]

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ken Lawson, Secretary, Department of Business and Professional Regulation

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 8, 2012

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 23, 2012