| Section
123 of the Business and Professions Code provides
that it is a misdemeanor for any person to
engage in conduct which subverts or attempts
to subvert any licensing examination or the
administration of an examination.
Section 496 of the Business
and Professions Code provides that a board
may deny, suspend, revoke, or restrict the
license of an applicant or licensee who
subverts or attempts to subvert a licensing
examination. In addition to any other
penalties, a person found guilty of violating
Section 123 shall be liable for the actual
damages sustained by the agency administering
the examination not to exceed then thousand
dollars ($10,000) and the costs of litigation.
Conduct that may violate the security
of an examination is explicitly identified,
and it includes but is not limited to:
- Removing
examination material from a test site
without authorization.
- Reproducing
examination material without authorization.
- Using paid
test takers for the purpose of reconstructing
an examination.
- Using improperly
obtained test questions to prepare persons
for examination.
- Selling,
distributing, or buying examination material.
- Cheating
during an examination.
- Possessing
unauthorized equipment or information
during an examination.
- Impersonating
an examinee or having an impersonator
take an examination.
This law and its sanctions
can be invoked without a criminal proceeding.
Upon application by a board, a superior
court may issue an injunction or restraining
order to prevent an action or actions that
would compromise examination security.
|