US Laws, Codes, Statutes & Cases

(1) All question and answer sheets connected with any examination for licensure or certification shall be maintained by the department, national organization, or testing service for a period of two years from the date of administration of the examination. When national examinations that are governed by security considerations are utilized, they shall be available from the developing testing service for a period of two years, during which time such question and answer sheets shall be open to inspection by an applicant or his or her designee. Question and answer sheets for any national machine-graded or computer-scored examination which are protected by security agreements, copyright provisions, or departmental or state contractual agreements for use shall not be required to be on file with the department but shall be available for a period of two years, upon demand, from any testing service utilized, at the discretion of the department or upon order of a court of competent jurisdiction.

(2) The department, upon the recommendation of the professional board, may adopt and promulgate rules and regulations:

(a) To specify eligibility for taking the licensure or certification examination. In determining such eligibility, the department and the board shall consider the practices of other states and the promotion of reciprocal relations but shall determine such eligibility standards based on the extent to which completion of a course of study prior to examination is necessary to assure that applicants for licensure or certification meet minimum standards of proficiency and competency for the protection of the health and safety of the public;

(b) To specify licensure or certification examination application procedures, including the date, time, and place of examination and the deadline for making such application;

(c) To provide for the review of procedures for the development of examinations;

(d) To govern the administration of all or separate components of examinations for licensure or certification;

(e) To protect the security of the content of examination questions and answers; and

(f) To provide for the review of the examination question and answer sheets by examinees who fail the licensure or certification examinations or their designees.

The department shall not enter into an agreement to adopt an examination from a national testing service without first obtaining from that service detailed documentation of the process of examination development and maintenance.

Laws 1927, c. 167, § 38, p. 463

C.S.1929, § 71-414

R.S.1943, § 71-138

Laws 1969, c. 560, § 4, p. 2280

Laws 1978, LB 406, § 10

Laws 1979, LB 427, § 29

Laws 1986, LB 286, § 42

Laws 1986, LB 579, § 34

Laws 1986, LB 926, § 22

Laws 1987, LB 473, § 14

Laws 1990, LB 1064, § 7

Laws 1991, LB 703, § 16

Laws 1999, LB 828, § 36