(1) A person who has failed to pass any examination for which application was made, may, upon the payment of the appropriate fee, take the next scheduled examination. However, if the applicant fails the test a second time they may not take the test again within a six-month period, and in addition, must:

(a) demonstrate to the board by a sworn statement that the applicant has conscientiously studied at least 20 hours in the areas of the examination that were failed;

(b) provide a signed and dated list of the books or materials studied, specifying the name, author, edition (or latest copyright year) ; and

(c) provide proof of having attended at least one eight-hour electrical code seminar approved by the board, since the initial failure to pass.

(2) In the event an applicant fails to pass any examination three or more times, the applicant must:

(a) wait at least one year from the last failed exam before taking the exam again;

(b) make reapplication to the board;

(c) demonstrate to the board by the applicant's sworn statement that the applicant has conscientiously studied at least 40 hours in all the areas covered by the last exam, 30 hours of which shall have been devoted to those test areas wherein the applicant failed to achieve a passing score;

(d) provide a signed and dated list of the books or materials studied, specifying the name, author, edition (or latest copyright year) ; and

(e) provide proof of having attended at least two eight-hour electrical code seminars approved by the board.

(3) An applicant who has failed the master or journeyman examination two or more times may apply for and take a lower level licensing examination without obtaining the supplementary education and study hours as set forth in (1) and (2) of this rule.

(4) An applicant who fails to take an examination within 18 months from the date of the last examination that was failed will be required to submit a new application, provide written verification and pay the applicable fees. Upon receipt of a new application, the board will require the applicant to submit the documentation required in (1) or (2) depending on the number of times the applicant has failed the examination.

(5) All examinations are open book.

(a) Candidates may only use:

(i) an NEC code book applicable to the examination being given (tabs or indexes may be used in the book) ;

(ii) a silent, nonprinting, nonprogrammable calculator that is not designed for preprogrammed electrical calculations; and

(iii) copies of the Montana statutes and rules relating to electricians.

(6) An applicant for an examination who, due to a specific physical, mental, or sensory impairment, requires special accommodation in examination procedures must submit a written request to the board office for the specific accommodation needed.

(7) Any candidate who takes an examination and does not pass the examination may request a review of the examination.

(a) The department will not modify examination results unless the candidate presents clear and convincing evidence of error in the grading of the examination.

(b) The department will not consider any challenge to examination grading unless the total of the potentially revised score would result in a passing score.

(8) The procedure for requesting an informal review of examination results is as follows:

(a) The request must be made in writing to the board office and received within 20 days of the date of the examination and must request a rescore of the examination.

(b) The following procedures apply to review of the results of the examination:

(i) The candidate will be allowed two hours to review the examination.

(ii) The candidate must identify the challenged questions of the examination and must state specific reasons why the results should be modified with the NEC code book and/or Montana statutes and rules supporting the candidates position.

(iii) Within 15 days of the candidate's review, the department will review the examination and candidate's justification and notify the candidate in writing of the department's decision.

(9) Anyone determined by the board to be cheating on an examination or using inappropriate material/equipment during an examination will fail and be required to wait at least one year and reapply for licensure before being allowed to reexamine. All such reexaminations will be administered by the department in Helena, Montana, require a written examination fee, and the candidate will be required to apply and schedule the examination with the board office.

(10) Examination appeals must be submitted and reviewed by the full board at its next regularly scheduled meeting.