SECTION 335:15-13-9. Continued use of tests not fully validated as non-discriminatory

  Under certain conditions, a person may be permitted to continue the use of a test which is not at the moment fully supported by the required evidence of validity. If, for example, determination of criterion-related validity in a specific setting is practicable and required but not yet obtained, the use of the test may continue, provided:

(1)   The person can cite substantial evidence of validity as described in Section 335:15-13-7.

(2)   He has in progress validation procedures which are designed to produce, within a reasonable time, the additional data required. It is expected also that the person may have to alter or suspend test cut off scores so that score ranges broad enough to permit the identification of criterion-related validity will be obtained.