Kentucky Polygraph License Law
KRS 329 - Detection of Deception Examiners
329.010 Definitions (as used in this chapter. unless the context otherwise requires):
- "Detection of Deception Examiner," referred to in this chapter as "examiner", means any person, other than a trainee, who uses any device or instrument to test or question individuals for the purpose of detecting deception. Before a person may be licensed as an examiner, he must have at least one (1) year's experience in detection of deception. Before an examiner may supervise a trainee, he must have at least two (2) year's experience in detection of deception.
- "Trainee" means any person who has successfully completed a polygraph examiner's course at a polygraph examiner's school approved by the department, but who has not been awarded the final certificate of proficiency or graduate certificate from the school, or any person, not a licensed examiner, who administers detection of deception examinations under the direct, personal supervision and control of a licensed examiner who is licensed by this state. No examiner may have more than two trainees under his supervision and control at any one time.
- "Person" means any natural person, partnership, association, corporation or trust.
- "Department" means the Department of Justice of the Commonwealth of Kentucky.
- "Secretary" means the Secretary of the Department of Justice of the Commonwealth of Kentucky.
- "Polygraph" means an instrument which records permanently and simultaneously a subject's cardiovascular and respiratory patterns and other physiological changes pertinent to the detection of deception.
- "Polygraph examiner" means the same as detection of deception examiner.
329.020 Examiner to use recording instrument
Every examiner shall use an instrument which records permanently and simultaneously the subject's cardiovascular and respiratory patterns as minimum standards, but such an instrument may record additional physiological changes pertinent to the detection of deception. The patterns required as minimum standards will be recorded throughout the entire period of any detection of deception test.
329.030 License required to administer examination, application, qualifications, investigations, internship, examination, rules as to standards
- No person shall administer a detection of deception examination, as set forth in KRS 329.0 10, or any imitation thereof, without first securing a trainee's license or an examiner's license. Each application for a trainee's license shall be made to the department within ten (10) days of the commencement of the trainee's internship, and said application shall contain such information as may be reasonably required by the department. Each application for a trainee license or a renewal or extension shall be accompanied by a fee of twenty-five dollars ($25.00), which is non-refundable. Each application for an examiner's license shall be made to the department in writing on forms provided by the department, and shall contain such information as may be required by the department to determine the eligibility of the applicant. Each application for an examiner's license shall be accompanied by a fee of fifty dollars ($50.00), which is non-refundable.
- Each applicant for an examiner's license shall submit his fingerprints to the department together with a sworn affidavit that said applicant:
- is a citizen of the United States;
- is at least eighteen (18) years of age;
- has administered detection of deception examinations for a period of at least one year using the instrumentation prescribed in KRS 329.020;
- has completed a course of formal training in detection of deception in an institution accepted by the department;
- has not been convicted of a misdemeanor involving moral turpitude or a felony, or who has not been released or discharged under other than honorable conditions from any of the Armed Services of the United States, or any branch of the state, city, or federal government; and
- Any other information required by the department to determine the examiner's competency to obtain a license to practice in this state.
- Upon receipt of an application for a trainee's license or for an examiners s license, the secretary shall investigate each application, and no license will be issued until said investigation is complete.
- The department shall establish such reasonable rules and regulations for the trainee during his internship as may be reasonably necessary for the purpose of ensuring that the trainee meets adequate professional standards established by the department.
- The department may require applicants for an examiner's license to pass an examination which shall be confined to such knowledge, practical ability, and skill as is essential for performing the duties of a detection of deception examiner. The department shall make rules and regulations for conducting examinations and shall define the standards to be acquired to constitute passing the examination.
- The department shall establish such reasonable rules and regulations for the examiner during his period of licensure as may be reasonably necessary for the purpose of ensuring that the examiner maintain adequate professional standards established by the department.
329.040 Issuance of license, renewal, fee
- Each examiner's license shall be issued for the term of one calendar year or for such part thereof as remains at the time of the issuance thereof. Each examiner's license shall be renewed during the month of December of each year, and each examiner's license not so renewed shall expire on December 31 of that year. A renewal fee of forty ($40.00) shall accompany each renewal application for the examiner's license.
- An examiner whose license has expired may, at any time within five years after the expiration thereof, obtain a renewal license by making a renewal application therefor and by paying a renewal license fee for each year since the expiration of his license; provided, however, any examiner whose license expired while he was (a) on active duty with the armed forces of the United States, or (b) called into service or training with the state militia, or (c) in a training or education program under the supervision of the United States preliminary to induction into the military service, may have his license renewed without paying any intervening renewal license fee if within two years after termination of such service, training, or education, except under conditions other than honorable, he furnishes the department an affidavit to the effect that he has been so engaged and that his service, training, or education has been so terminated. The secretary shall, before issuing the renewal license, investigate each applicant during the expiration period.
- Each trainee's license shall be issued for the term of twelve months. The department may renew or extend a trainee's license upon good cause shown for any term not to exceed twelve months. The fee for renewal or extension of a trainee's license shall be forty dollars ($40.00).
An applicant who is an examiner, licensed under the laws of another state or territory of the United States, may be issued a license without examination by the department, in its discretion, upon payment of a fee of fifty dollars ($50.00), and the production of satisfactory proof:
- That the applicant is at least eighteen years of age; and
- That the applicant is a citizen of the United States; and
- That he is of good moral character; and
- That the requirements for the licensing of examiners in such state or territory of the United States were, at the date of licensing, substantially equivalent to the requirements then in force in this state; and
- That the applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least two years prior to his application for license hereunder; and
- That such other state or territory grants similar reciprocity to license holders of this state.
329.050 License to be displayed. duplicate license, change of business location
- A license or duplicate license must be prominently displayed at each place of business of every examiner or trainee. The fee for a duplicate license is five dollars ($5.00). Each license shall be signed by the secretary and shall be issued under the seal of the department.
- Notice in writing shall be given to the department by such license holder of any change of principal business location, whereupon the department shall issue a new license for the unexpired period without charge. Such notice shall be given within thirty days after the change of the principal business location. A change of business location without notification to the department and without the issuance by it of a new license shall automatically suspend the license theretofore issued.
329.060 Non-resident applicants to consent to service of process on secretary
Each non-resident applicant for a trainee's license or examiner's license or a renewal license shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this Commonwealth in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process in any action may be served on the applicant by leaving two copies thereof with the secretary of the department. Such consent shall stipulate and agree that such service of process shall be valid and binding for all purposes. The secretary shall send forthwith one copy of the process to the applicant by registered or certified mail at the address shown on the records of the department.
329.070 Denial, suspension or revocation of licenses: grounds
The department may deny, suspend, or revoke any license on any one or more of the following grounds:
- Material misstatement in the application for a license or in the application for a renewal license.
- Willful disregard or violation of this chapter or of any regulation or rule issued pursuant thereto.
- If the holder of any license has been adjudged guilty of the commission of a felony or a misdemeanor involving moral turpitude.
- Making any willful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of or indirectly obtaining business or trainees.
- Having demonstrated unworthiness or incompetence to act as an examiner or trainee, as defined under this chapter, in such manner as to effect the interests of the public.
- Allowing one's license under this chapter to be used by an unlicensed person in violation of the provisions of this chapter.
- Willfully aiding or abetting another in the violation of this chapter or of any regulation or rule issued pursuant thereto.
- Where the licensed holder has been adjudged mentally ill, mentally deficient, or in need of mental treatment as provided in the Mental Health Code.
- Failing, within a reasonable time, to provide information requested by the department as the result of a formal or informal complaint to the department, which would indicate a violation of this chapter.
329.080 Unlawful act of examiner not grounds to revoke license of employer: exception
Any unlawful act or violation of any of the provisions of this chapter, upon the part of any examiner or trainee shall not be cause for revocation of the license of any other examiner for whom the offending examiner may have been employed, unless it shall appear to the satisfaction of the department that the examiner has willfully aided or abetted the actions or activities of the offending examiner or trainee.
329.090 List of examiners, trainees, and departmental actions to be published annually
The department shall publish, at least annually, a list of the names and addresses of all examiners and trainees and of all persons whose licenses have been suspended or revoked within that one year, together with such other information relative to the enforcement of the provisions of this chapter as it may deem of interest to the public in the profession. One such list shall be mailed to the county clerk of each county of the Commonwealth and shall be held by such county clerk as a public record. Such list shall also be mailed by the department to any person in the Commonwealth upon request.
329.100 Hearing on complaint against applicant or licensee: notice: continuations
The department may upon it's own motion and shall upon the verified complaint in writing of any person setting forth facts which if proved would constitute grounds for denial, suspension, or revocation of a license under this chapter, investigate the actions of any applicant or any person holding or claiming to hold a license.
The department shall, before denial, suspension, or revocation of a license, at least ten days prior to the set for the hearing, notify in writing the applicant or holder of a license of the nature of the charges and that a hearing will be held on the date designated.
The hearing shall determine whether the applicant or holder, called the respondent in this section and KRS 329.110, is privileged to hold such license, and shall afford the respondent an opportunity to be herd in person or by counsel in reference thereto. Such written notice may be served by personal delivery to the respondent or by mailing the same by registered or certified mail with return receipt requested to the place of business last specified by the respondent on the records of the department. At the time and place fixed in the notice, the secretary shall proceed to hear the charges, and both the respondent and complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence, and argument as may be pertinent to the charges or to the defense thereto. The secretary may continue such hearing from time to time. If the secretary shall not be sifting at the time and place fixed in the notice or at the time and place to which the hearing shall have been continued, the secretary shall continue such hearing for a period not to exceed thirty days.
329.110 Record of proceedings: service of secretary's report; motion for rehearing
- The department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings at the hearing of any case involving the denial, suspension, or revocation of a license. The notice of hearing, complaint, and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the secretary, and orders of the department shall be the records of such proceedings. The department shall furnish a transcript of such record to any person interested in such hearing upon the payment therefor of seventy-five cents per page for each original transcript and twenty-five cents per page for each carbon copy thereof ordered with the original; provided, however, the charge for any part of such transcript ordered and paid for previous to the writing of the original record thereof shall be twenty-five cents per page.
- In any case involving the denial, suspension, or revocation of a license, a copy of the secretary's report shall be served upon the respondent by the department, either personally or by registered or certified mail as provided in KRS 329.100 for the service of the notice of hearing. Within twenty days after suchservice, the respondent may present to the department a motion in writing for a rehearing, which written motion shall specify the particular grounds therefor. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial, the secretary may enter an order in accordance with recommendations of the department. If the respondent shall order and pay for a transcript of the record within the time for filing a motion for rehearing, the twenty day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.
329.120 Circuit court jurisdiction to compel testimony or production of evidence
Any circuit court, either in term time or vacation, may, upon application of the secretary or of the applicant or licensee against whom proceedings upon KRS 329.100 are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books and records in connection with any hearing in any proceedings under KRS 329.100.
329.130 Judicial review of departmental orders
Any person affected by a final administrative decision of the department may have such decision reviewed judicially by the Circuit Court of Franklin County.
329.140 Revoked or suspended license to be surrendered: enforcement
Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license to the department, and if the licensee fails to do so, the department shall have the right to seize the same.
329.150 Enjoining violations of or enforcing compliance with chapter
If any person violates the provisions of this chapter, the secretary shall, in the name of the people of the Commonwealth of Kentucky, through the Attorney General of the Commonwealth of Kentucky, apply, in any court of competent jurisdiction, for an order enjoining such violation or for an order enforcing compliance with this chapter. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this chapter.
329.160 Effect of signed and sealed departmental order
An order or a certified copy thereof, over the seal of the department and purporting to be signed by the secretary, shall be prima facie proof thereof:
- That such signature is the genuine signature of the secretary;
- That such secretary is duly appointed and qualified; and
- That the secretary and department thereof are qualified to act.
329.170 Governmental entities exempt from fee requirements
Subsection (1) of KRS 329.030, subsections (1) and (3) of KRS 329.040 and subsection (1) of KRS 329.050, relating to fees charged applicants for a license, shall not apply to any department of the United States or any agency of the city, county, or state of the Commonwealth of Kentucky provided that no fee is charged for administration of the test.
329.250 Requirements for recognition of polygraph examiners school
- In order to be recognized as an accepted training institution for detection of deception examiners by the department, a polygraph examiner's school must offer at least two hundred forty (240) hours of classroom training and instruction consisting of, but no limited to, the following subjects:
- Instrumentation of the instrument prescribed in KRS 329.020;
- Question formulation
- Chart interpretation
- History and legal ethics of the polygraph;
- Supervised practice examinations; and
- Any other courses necessary to assure adequate training of detection of deception examiners.
- At the request of the department, a polygraph examiner's school must furnish the department with- a course outline, the number of hours taught for each subject, the names and professional history of it's owners, staff, and instructors, any other information required by the department so it may determine that the school is an acceptable training institution. Unless the requested information is furnished to the department and the school is accepted as a training institution, no graduate of the school may be licensed by the department.
Any person who violates any of the provisions of this chapter shall, for each violation, be fined not less than twenty dollars ($20.00) nor more than five hundred dollars ($500.00).