§  13.209   Examination procedures.

   (a) Each examination for a commercial radio operator license must be
   administered at a location and a time specified by the COLEM. The COLEM
   is responsible for the proper conduct and necessary supervision of each
   examination. The COLEM must immediately terminate the examination upon
   failure of the examinee to comply with its instructions.

   (b) Each examinee, when taking an examination for a commercial radio
   operator license, shall comply with the instructions of the COLEM.

   (c) No examination that has been compromised shall be administered to
   any examinee. Neither the same telegraphy message nor the same question
   set may be re-administered to the same examinee.

   (d) Passing a telegraphy examination. Passing a telegraphy receiving
   examination is adequate proof of an examinee's ability to both send and
   receive telegraphy. The COLEM, however, may also include a sending
   segment in a telegraphy examination.

   (1) To pass a receiving telegraphy examination, an examinee is required
   to receive correctly the message by ear, for a period of 1 minute
   without error at the rate of speed specified in § 13.203(b).

   (2) To pass a sending telegraphy examination, an examinee is required
   to send correctly for a period of one minute at the rate of speed
   specified in § 13.203(b).

   (e) The COLEM is responsible for determining the correctness of he
   examinee's answers. When the examinee does not score a passing grade on
   an examination element, the COLEM must inform the examinee of the
   grade.

   (f) No applicant who is eligible to apply for any commercial radio
   operator license shall, by reason of any physical disability, be denied
   the privilege of applying and being permitted to attempt to prove his
   or her qualifications (by examination if examination is required) for
   such commercial radio operator license in accordance with procedures
   established by the COLEM.

   (g) No applicant who is eligible to apply for any commercial radio
   operator license shall, by reason of any physical handicap, be denied
   the privilege of applying and being permitted to attempt to prove his
   or her qualifications (by examination if examination is required) for
   such commercial radio operator license in accordance with procedures
   established by the COLEM.

   (h) The COLEM must accommodate an examinee whose physical disabilities
   require a special examination procedure. The COLEM may require a
   physician's certification indicating the nature of the disability
   before determining which, if any, special procedures are appropriate to
   use. In the case of a blind examinee, the examination questions may be
   read aloud and the examinee may answer orally. A blind examinee wishing
   to use this procedure must make arrangements with the COLEM prior to
   the date the examination is desired.

   (i) The FCC may:

   (1) Administer any examination element itself.

   (2) Readminister any examination element previously administered by a
   COLEM, either itself or by designating another COLEM to readminister
   the examination element.

   (3) Cancel the commercial operator license(s) of any licensee who fails
   to appear for re-administration of an examination when directed by the
   FCC, or who fails any required element that is re-administered. In case
   of such cancellation, the person will be issued an operator license
   consistent with completed examination elements that have not been
   invalidated by not appearing for, or by failing, the examination upon
   re-administration.

   [ 58 FR 9124 , Feb. 19, 1993, as amended at  78 FR 23154 , Apr. 18, 2013]