§  97.509   Administering VE requirements.

   (a) Each examination for an amateur operator license must be
   administered by a team of at least 3 VEs at an examination session
   coordinated by a VEC. The number of examinees at the session may be
   limited.

   (b) Each administering VE must:

   (1) Be accredited by the coordinating VEC;

   (2) Be at least 18 years of age;

   (3) Be a person who holds an amateur operator license of the class
   specified below:

   (i) Amateur Extra, Advanced or General Class in order to administer a
   Technician Class operator license examination;

   (ii) Amateur Extra or Advanced Class in order to administer a General
   Class operator license examination;

   (iii) Amateur Extra Class in order to administer an Amateur Extra Class
   operator license examination.

   (4) Not be a person whose grant of an amateur station license or
   amateur operator license has ever been revoked or suspended.

   (c) Each administering VE must be present and observing the examinee
   throughout the entire examination. The administering VEs are
   responsible for the proper conduct and necessary supervision of each
   examination. The administering VEs must immediately terminate the
   examination upon failure of the examinee to comply with their
   instructions.

   (d) No VE may administer an examination to his or her spouse, children,
   grandchildren, stepchildren, parents, grandparents, stepparents,
   brothers, sisters, stepbrothers, stepsisters, aunts, uncles, nieces,
   nephews, and in-laws.

   (e) No VE may administer or certify any examination by fraudulent means
   or for monetary or other consideration including reimbursement in any
   amount in excess of that permitted. Violation of this provision may
   result in the revocation of the grant of the VE's amateur station
   license and the suspension of the grant of the VE's amateur operator
   license.

   (f) 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.

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

   (h) Upon completion of each examination element, the administering VEs
   must immediately grade the examinee's answers. The administering VEs
   are responsible for determining the correctness of the examinee's
   answers.

   (i) When the examinee is credited for all examination elements required
   for the operator license sought, 3 VEs must certify that the examinee
   is qualified for the license grant and that the VEs have complied with
   these administering VE requirements. The certifying VEs are jointly and
   individually accountable for the proper administration of each
   examination element reported. The certifying VEs may delegate to other
   qualified VEs their authority, but not their accountability, to
   administer individual elements of an examination.

   (j) When the examinee does not score a passing grade on an examination
   element, the administering VEs must return the application document to
   the examinee and inform the examinee of the grade.

   (k) The administering VEs must accommodate an examinee whose physical
   disabilities require a special examination procedure. The administering
   VEs may require a physician's certification indicating the nature of
   the disability before determining which, if any, special procedures
   must be used.

   (l) The administering VEs must issue a CSCE to an examinee who scores a
   passsing grade on an examination element.

   (m) After the administration of a successful examination for an amateur
   operator license, the administering VEs must submit the application
   document to the coordinating VEC according to the coordinating VEC's
   instructions.

   [ 59 FR 54834 , Nov. 2, 1994, as amended at  61 FR 9953 , Mar. 12, 1996;  62 FR 17567 , Apr. 10, 1997;  63 FR 68980 , Dec. 14, 1998;  65 FR 6551 , Feb.
   10, 2000;  71 FR 66465 , Nov. 15, 2006]