§ 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]

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