93-06

Posted on Jun 14, 1993 in Formal Opinions

Opinion Letter No. 93-06
June 14, 1993
Professional License Examinations

The State Department of Commerce and Consumer Affairs may not allow an applicant for a professional or vocational license to copy license examination questions and their answers, or the answers of other applicants. In 1992, the Legislature amended the Professional and Vocational Licensing Act (PVLA) to state that an applicant may review “the most recent licensing examination failed by the applicant,” but “under no circumstances, shall the licensing authority or the department allow an examination to be copied.”

In addition, applicants may review, but not copy, their answers to the exam failed. Since the UIPA prohibits the disclosure of examination materials, which would compromise the validity or objectivity of an exam, the OIP noted that the 1992 amendment to the PVLA was largely unnecessary. The OIP recommended that the Legislature seriously consider repealing the amendment to the PVLA.

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