OAR 259-020-0100: Polygraph Examiner Responsibilities

(1) A person may not administer polygraph examinations, advertise services, or assume any titles, words or abbreviations, including the title or designation of polygraph examiner or polygraph examiner trainee, that indicate the person is authorized to administer polygraph examinations unless that person holds a license issued under the Act and these rules. (a) This requirement includes persons employed by a state agency or public body in this state. (b) A person who purports to be able to detect deception or to verify the truth of statements is not exempt from the provisions of the Act and these rules because of the terminology used to describe the person, the instruments or mechanical devices of the person, or the nature of the services of the person. (2) Polygraph examiners must display prominently their license at the place of business or employment, and a trainee must display prominently their license at the place of internship. (3) Trainees must clearly indicate their trainee status on all letterhead, business cards, advertising, signage, and any other type of written material that describes a polygraph examination. (4) Licensed polygraph examiners and trainees must notify the Department in writing of any change in the licensee’s business name, address or contact information within 30 days after the date of such change. A licensee’s failure to comply with this requirement makes their license subject to immediate suspension per ORS 703.140. (5) Polygraph examiners and trainees must maintain polygraph examination records for a minimum of five years unless any applicable Oregon State Archives Records Retention Schedule requires longer retention. (a) A licensee’s examination records must include a numerical log. (A) The numerical log must begin with the number 1, continue with consecutive numbering for each additional record, include the name of the person examined, date, time, type of examination and results, and reference the corresponding record identifier if additional examination records are maintained using a different identification method. (B) If the polygraph examination is administered by a polygraph examiner trainee and the polygraph examination is observed or reviewed pursuant to OAR 259-020-0140 to satisfy an internship requirement, the numerical log must also include a record of the date of the observation or the review and the name and license number of the polygraph examiner trainee’s mentor. (b) A licensee’s examination records may also include pre-examination records; examination questions for individuals interviewed; statements of consent; polygraph analysis reports; the examiner’s original test questions; examination chart tracing reports; polygraph results charts; conclusions; interviewee statements; and background information. (c) Licensees must provide copies of examination records when requested by t he Department. (6) Notification of Conviction. (a) Applicants for licensure as a polygraph examiner or trainee must provide notification to the Department relating to the circumstances of a conviction if the applicant has previously been convicted of a criminal offense. (b) Currently licensed polygraph examiners or trainees who are convicted of a crime must provide notification to the Department within five business days of the conviction. (c) Notifications to the Department must be in writing and include the specific charges of the conviction, the county and state where the conviction occurred, the investigating agency and the date of the conviction. (7) Polygraph Equipment. Licensed polygraph examiners and trainees are required to use instruments or mechanical devices that satisfy the minimum requirements provided in ORS 703.310 to record visually, permanently and simultaneously the cardiovascular pattern, the respiratory pattern and the galvanic skin response of the individual. (8) Licensed polygraph examiners and trainees must not conduct more than five completed examinations, of any type, in any one calendar day. (9) A licensed polygraph examiner trainee is prohibited from performing any type of review or providing a professional opinion of any completed polygraph examination performed by another polygraph examiner or polygraph trainee. (10) A violation of, or a failure to comply with, the requirements defined in this rule may result in the denial, suspension, or revocation of licensure as a polygraph examiner or trainee pursuant to OAR 259-020-0200.