Sec. 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.
    (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 Sec. 13.203 for 
the class of license sought.
    (2) To pass a sending telegraphy examination, an examinee is 
required to send correctly for a period of 1 minute at the rate of speed 
prescribed in Sec. 13.203(b) for the class of license sought.
    (e) 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.
    (f) 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.
    (g) When the examinee is credited for all examination elements 
required for the commercial operator license sought, the examinee may 
apply to the FCC for the license.
    (h) 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.
    (i) 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.
    (j) 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.