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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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