Section 1400.105  Examinations − Misconduct

a)         Misconduct is a serious matter and is strictly prohibited.

b)         The following actions will be considered misconduct:

1)         Communication between candidates inside or outside the examination room, or copying another candidate's answer, while the examination is in progress.

2)         Communication with others outside the examination room while the examination is in progress.

3)         Substitution of a candidate by another person to sit in the examination room to write one or more of the examination papers.

4)         Possession of and/or reference to crib sheets, textbooks, or other material inside or outside the examination room while the examination is in progress.

5)         Divulging any specific content of the examination.

6)         Using or attempting to use any method, device, mechanism, scheme or communication while the examination is in progress for the purpose of  or with the intent of gaining access to information to assist a candidate in answering questions on the examination.

7)         Failure to follow written or oral instructions regarding procedures and conduct of the examination.

c)         A candidate who is suspected of misconduct shall be permitted to finish an examination session, unless the Board member in charge of the site determines that to do so would otherwise jeopardize the fair and orderly conduct of the examination; however, a candidate suspected of misconduct may be moved to a segregated location for the remainder of the examination.

d)         A candidate charged with misconduct shall be notified by the Executive Director of the Board, by notice mailed not more than 15 days following the examination, that a charge of misconduct has been made against him or her, and that a penalty specified in the notice will be imposed unless the candidate wishes to contest the charge and/or penalty.  Failure to request such a hearing pursuant to Section 1400.80(b) shall result in entry of an order by the Board finding the candidate guilty of misconduct and imposing the penalty as specified in the notice to the candidate.

e)         Penalties.

1)         Any candidate found guilty of misconduct is subject, at the discretion of the Board and depending on the seriousness of the violation, to one or more of the following penalties:

A)        disqualification from credit for the section of the exam on which the misconduct took place or for the entire exam;

B)        forfeiture of condition status (see Section 1400.160(b));

C)        a ban from retaking the exam for not less than two or more than five years.

2)         Any other person found guilty of misconduct shall be referred to appropriate governmental and professional authorities in this and/or other jurisdictions for discipline against his or her certified public accountant certificate and/or license or other professional designation.

3)         The enumeration of the penalties in this Section shall not preclude imposition of other penalties or liabilities as may be provided by civil or criminal laws.

(Source:  Added at 21 Ill. Reg. 13315, effective September 26, 1997)