(1) The examination for the residential, journeyman's or master's license may be administered and graded by a third party. The examination passing grade for all examinations is 75 percent.
(2) An applicant who fails any examination for which the application was made, may, upon the payment of the appropriate fee, take the next scheduled examination. However, if the applicant fails the exam a second time, the applicant may not take the test again within a six-month period, and in addition, must provide proof of having attended at least one eight-hour electrical code seminar approved by the board, since the initial failure to pass.
(3) 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; and
(c) provide proof of having attended at least two eight-hour electrical code seminars approved by the board.
(4) An applicant who fails 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 (2) and (3) of this rule.
(5) 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 (2) or (3) depending on the number of times the applicant has failed the examination.
(6) All examinations are open book. Applicants may only use:
(a) an NEC code book applicable to the examination being given (tabs or indexes may be used in the book);
(b) a silent, nonprinting, nonprogrammable calculator that is not designed for preprogrammed electrical calculations; and
(c) copies of the Montana statutes and rules relating to electricians.
(7) 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, at least 15 days prior to the scheduled exam.
(8) Any applicant who takes an examination and does not pass the examination may request a review of the examination.
(a) The board will not modify examination results unless the applicant presents clear and convincing evidence of error in the grading of the examination.
(b) The board will not consider any challenge to examination grading unless the total of the potentially revised score would result in a passing score.
(9) A request for rescoring of an application 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.
(a) The candidate will be allowed two hours to review the examination and must identify the challenged examination questions and state specifically why the results should be modified, pursuant to the NEC and/or Montana statutes and rules supporting the applicant's position.
(b) The board will review the examination and the applicant's justification at the next regularly scheduled board meeting and notify the applicant in writing of the board's decision.
(10) Any applicant 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 before reapplying for licensure and before being allowed to reexamine. All such reexaminations will be scheduled and administered by the board in Helena, Montana.
History: 37-1-131, 37-68-201, MCA; IMP, 37-1-131, 37-68-304, 37-68-305, MCA; NEW, 1988 MAR p. 567, Eff. 3/25/88; AMD, 1994 MAR p. 951, Eff. 4/15/94; AMD, 1996 MAR p. 3039, Eff. 11/22/96; AMD, 2001 MAR p. 2418, Eff. 12/7/01; TRANS, from Commerce, 2002 MAR p. 1755; AMD, 2005 MAR p. 2458, Eff. 12/9/05; AMD, 2009 MAR p. 1665, Eff. 9/25/09.