Section 496 of the Business and Professions Code provides that a board may deny, suspend, revoke, or restrict the license of an applicant or licensee who subverts or attempts to subvert a licensing examination. In addition to any other penalties, a person found guilty of violating Section 123 shall be liable for the actual damages sustained by the agency administering the examination not to exceed ten thousand dollars ($10,000) and the costs of litigation. Conduct that may violate the security of an examination is explicitly identified, and it includes but is not limited to:
- Removing examination material from a test site without authorization.
- Reproducing examination material without authorization.
- Using paid test takers for the purpose of reconstructing an examination.
- Using improperly obtained test questions to prepare persons for examination.
- Selling, distributing, or buying examination material.
- Cheating during an examination.
- Possessing unauthorized equipment or information during an examination.
- Impersonating an examinee or having an impersonator take an examination.
This law and its sanctions can be invoked without a criminal proceeding. Upon application by a board, a superior court may issue an injunction or restraining order to prevent an action or actions that would compromise examination security.
