259-020-0005
Definitions

(1) "Board" means the Board on Public Safety Standards and Training.

(2) "Completed Examination" means an examination in which charts are recorded.

(3) "Department" means the Department of Public Safety Standards and Training.

(4) "Director" means the director of the Department.

(5) “Internship” means the study by a trainee of polygraph examinations and of the administration of polygraph examinations under the personal supervision and control of a polygraph examiner in accordance with the course of study prescribed by the Board at the commencement of such study.

(6) "Person" means any individual, firm, association, partnership, or corporation.

(7) “Polygraph Examiner” means a person who purports to be able to detect deception or verify the truth of statements through the use of instrumentation or of a mechanical device that records visually, permanently and simultaneously the cardiovascular pattern, the respiratory pattern and the galvanic skin response of the individual being examined.

(8) "The Act" means the Polygraph Examiners Act (ORS 703.010 to 703.310).

(9) “Trainee” means a person licensed under the Act to engage in an internship.

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.230, ORS 703.010 & ORS 703.325
History:
DPSST 17-2017, amend filed 10/20/2017, effective 10/20/2017
DPSST 15-2012, f. & cert. ef. 6-28-12
DPSST 1-2003, f. & cert. ef. 1-21-03
BPSST 9-2001, f. & cert. ef. 9-19-01
BPSST 7-1999, f. & cert. ef. 7-29-99
BPSST 3-1998, f. & cert. ef. 6-30-98
BPSST 1-1998, f. & cert. ef. 5-6-98
BPSST 2-1998(Temp), f. & cert. ef. 5-6-98 thru 6-30-98
Reverted to PS 2-1995, f. & cert. ef. 9-27-95
PS 10-1997(Temp), f. & cert. ef. 11-5-97
PS 2-1995, f. & cert. ef. 9-27-95
PS 3-1987, f. & ef. 10-26-87
PS 1-1983, f. & ef. 12-15-83
PS 1-1979, f. 10-1-79, ef. 10-3-79
PS 12, f. & ef. 12-19-77

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 the 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.

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.230, ORS 703.030, ORS 703.050, ORS 703.140 & ORS 703.310
History:
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0120
Minimum Standards for Licensure as a Polygraph Examiner

(1) Age. A person must be at least 18 years of age to be licensed as polygraph examiner.

(2) Citizenship. A person must be a citizen of the United States to be licensed as a polygraph examiner.

(3) Education. Applicants for licensure as a polygraph examiner must have one of the following:

(a) A baccalaureate degree from an accredited college or university; or

(b) A high school diploma or a General Educational Development (GED) certificate and have at least five years of active investigative experience before the date of the application.

(A) Active investigative experience is acquired through full-time employment as an investigator. An investigator is a person whose primary assigned duty is the investigation of actual or suspected violations of law, either criminal or civil. Full-time employment as an investigator is a minimum of 1,200 hours completed annually performing the investigation of actual or suspected violations of law, either criminal or civil.

(B) Administering polygraph examinations will satisfy the investigative experience requirement of this section.

(C) The Department may, upon receipt of an application for licensure as a polygraph examiner, accept the applicant’s professional experience as being equal in professional value toward the five years of active investigative experience required by this section.

(4) Training. Applicants for licensure as a polygraph examiner must have graduated from a polygraph examiner's course approved by the Department and have satisfactorily completed at least 200 polygraph examinations.

(5) In accordance with ORS 703.090, a person may be exempt from the training requirement in section (4) of this rule if the person worked as a polygraph examiner for a period of at least five years for a governmental agency within the State of Oregon and completed at least 200 polygraph examinations prior to 1978.

(6) An applicant may meet the education and training requirements of sections (3) and (4) of this rule if the applicant provides the Department with documentation of military training or experience that the Department determines is substantially equivalent to the education or experience requirements.

(7) Examination for Licensure. Applicants for licensure as a polygraph examiner must have achieved a passing score on an examination for licensure conducted by the Department.

(8) Professional Fitness. Applicants for licensure as a polygraph examiner must not have demonstrated a course of behavior within the preceding 10 years which would indicate a high degree of probability that the applicant will be unlikely to perform the duties of a polygraph examiner in a manner that would serve the interests of the public.

(a) In order to determine if an applicant may have demonstrated a course of behavior, the Department will conduct a criminal records check.

(b) Any information obtained as a result of the application for licensure, the criminal records check, any Department investigation or other reliable sources that may indicate the applicant is unlikely to perform the duties of a polygraph examiner in a manner that would serve the interests of the public will be reviewed in accordance with OAR 259-020-0200.

(9) The Department requires use of the applicant’s or polygraph examiner’s legal name as the name of record for all Department purposes. The license issued to the polygraph examiner will display the legal name. When a polygraph examiner legally changes their name they must report the legal name change and provide a copy of proof of the name change to the Department through a Department-approved submission process within 30 days of the name change.

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.230, ORS 703.060, ORS 703.090, ORS 703.210 & ORS 670.280
History:
DPSST 21-2020, amend filed 09/14/2020, effective 10/01/2020
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0130
Minimum Standards for Licensure as a Polygraph Examiner Trainee

(1) Age. A person must be at least 18 years of age to be licensed as polygraph examiner trainee.

(2) Citizenship. A person must be a citizen of the United States to be licensed as a polygraph examiner trainee.

(3) Training. Applicants for licensure as a polygraph examiner trainee must:

(a) Have graduated from a polygraph examiner's course approved by the Department; or

(b) Provide documentation of military experience or training that the Department determines is substantially equivalent to the education required.

(4) Internship. Persons licensed as a polygraph examiner trainee must complete an internship. The Board prescribed internship requirements of any person who is licensed as a trainee are defined in OAR 259-020-0140.

(5) Professional Fitness. Applicants for licensure as a polygraph examiner trainee must not have demonstrated a course of behavior within the preceding 10 years which would indicate a high degree of probability that the applicant will be unlikely to perform the duties of a polygraph examiner in a manner that would serve the interests of the public.

(a) In order to determine if an applicant may have demonstrated a course of behavior, the Department will conduct a criminal records check.

(b) Any information obtained as a result of the application for licensure, the criminal records check, any Department investigation or other reliable sources that may indicate the applicant is unlikely to perform the duties of a polygraph examiner in a manner that would serve the interests of the public will be reviewed in accordance with OAR 259-020-0200.

(6) The Department requires use of the applicant’s or polygraph examiner trainee’s legal name as the name of record for all Department purposes. The license issued to the polygraph examiner trainee will display the legal name. When a polygraph examiner trainee legally changes their name they must report the legal name change and provide a copy of proof of the name change to the Department through a Department-approved submission process within 30 days of the name change.

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.230, ORS 703.060, ORS 703.080, ORS 703.090, ORS 703.200, ORS 703.210 & ORS 670.280
History:
DPSST 21-2020, amend filed 09/14/2020, effective 10/01/2020
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0140
Polygraph Examiner Trainee Internship

(1) The purpose of this rule is to define the Board prescribed course of study for a person licensed as a polygraph examiner trainee.

(2) The Board prescribed internship observations and reviews are not meant to be interpreted as a measure of the polygraph examiner trainee’s ability or expertise, but will be considered as legitimate, professional consultation.

(3) Persons licensed as polygraph examiner trainees must complete an internship program in its entirety, which includes the following:

(a) The selection of a polygraph examiner to act as a mentor to provide periodic professional consultation;

(b) The observation and review of polygraph examinations with a mentor as defined in section (5) of this rule;

(c) Achieving a passing score on the Department’s examination for licensure in accordance with OAR 259-020-0150.

(4) Selection of an Internship Mentor.

(a) Mentors must be currently licensed polygraph examiners who are in good standing with the Department.

(b) In accordance with OAR 259-020-0100, licensed polygraph examiner trainees are not eligible to serve as mentors.

(c) A polygraph examiner trainee may select more than one mentor during their internship.

(d) Applicants for licensure as a polygraph examiner trainee or renewal of a polygraph examiner trainee license must provide their mentor’s name and license number when submitting an application for licensure or renewal.

(5) The internship observation and review requirements are:

(a) The trainee must complete a minimum of five observations of their mentor administering polygraph examinations;

(b) The mentor must complete a minimum of five observations of the trainee administering polygraph examinations; and

(c) The trainee must have their mentor complete a post-examination review for a minimum of 15 of the trainee’s completed polygraph examinations.

(d) A polygraph examiner trainee may request more observation or review opportunities with a mentor than the minimum requirements prescribed.

(6) Polygraph examiner trainees licensed prior to October 1, 2017 who have completed more than 100 polygraph examinations are exempt from the observation requirements of subsections (5) (a) and (b) of this rule.

(7) The Department may waive internship requirements for a person who is licensed as a trainee and has met the minimum requirement to complete 200 polygraph examinations but is still engaged in meeting either, or both of, the education or examination for licensure requirements defined in OAR 259-020-0120.

(a) When internship requirements are waived, the Department may request additional documentation that would demonstrate that the polygraph examiner trainee is engaged in meeting the education or examination for licensure requirements.

(b) Documentation may include, but is not limited to, college transcripts, a copy of the polygraph examiner trainee’s numerical log, or the Department’s records regarding the licensee’s attempts to pass the examination for licensure.

(8) A person’s failure to maintain, and provide to the Department when requested, documentation of the progress or completion of internship requirements may make the person’s application or license subject to denial, suspension or revocation pursuant to OAR 259-020-0200.

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.200
History:
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0150
Examination for Licensure

(1) Applicants must submit the examination fee prescribed by OAR 259-020-0220 prior to taking the exam.

(2) The minimum passing score for the exam is 80%.

(3) Applicants and polygraph examiner trainees are limited to three attempts to pass the exam.

(4) A person who does not achieve a passing score on the exam must wait the following minimum time periods before retaking the exam:

(a) First failure: seven days.

(b) Second failure: 14 days.

(5) The licensure of a person who does not achieve a passing score on the exam within three attempts is subject to denial or revocation pursuant to OAR 259-020-0200.

(6) Persons who take the exam are prohibited from disclosing the contents of the exam, including the exam questions and answers, to anyone or any entity.

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.230, ORS 703.080, ORS 703.090, ORS 703.110 & ORS 703.200
History:
DPSST 3-2023, amend filed 03/09/2023, effective 03/20/2023
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0160
Continuing Education Requirements for Renewal of a Polygraph Examiner or Trainee License

(1) In order to renew licensure as a polygraph examiner or trainee, a person must document current knowledge, skills or abilities as a polygraph examiner or trainee. Documentation of current knowledge, skills or abilities may be satisfied by completing continuing education requirements in accordance with this rule.

(2) A person must document a minimum of 15 hours of continuing education, per licensing period, at the time of application in order to be eligible to renew their license.

(3) Continuing education includes, but is not limited to:

(a) Seminars sponsored by regional and national polygraph associations; or

(b) Department approved training specifically related to the field of polygraphy.

(4) In order to satisfy the requirements for the renewal of a polygraph examiner or trainee license, the continuing education must have been completed within the 24 month period prior to the application for renewal of a license and documentation of completion of the continuing education must be submitted to the Department. Documentation includes, but is not limited to, a certificate or letter of completion.

(5) The polygraph examiner’s or trainee’s license will not be renewed until documentation of the completed continuing education requirements has been received by the Department.

(6) A licensed polygraph examiner or trainee may carry over up to 15 hours of unused continuing education from the current licensing renewal application to the next licensing renewal period provided that the unused hours still meet the requirements for section (3) of this rule.

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.230 & ORS 703.100
History:
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0170
Applications for Licensure / Applications for Renewal

(1) An applicant for licensure as a polygraph examiner trainee must meet all minimum standards as described in OAR 259-020-0130.

(2) An applicant for licensure as a polygraph examiner must meet all minimum standards as described in OAR 259-020-0120.

(3) New Application for Licensure. The application packet for a new polygraph examiner or trainee license must include:

(a) A completed application form;

(b) The required license fee as prescribed in OAR 259-020-0220;

(c) Fingerprints submitted to the Department on a standard applicant fingerprint card or through a Department approved vendor of electronic fingerprint capture services;

(d) The required fingerprint processing fee as prescribed in OAR 259-020-0220; and

(e) Supporting documentation showing the applicant meets the minimum standards pursuant to OAR 259-020-0120 or OAR 259-020-0130. Documentation may include but is not limited to:

(A) Certificate of completion of a polygraph examiners training course;

(B) Verifiable documentation in the form of official transcripts or an official certificate from the administering institution showing successful completion of the education requirements;

(C) Proof of employment or experience; and

(D) A copy of the polygraph examiner’s or trainee’s numerical log of completed exams.

(4) Renewal of Licensure. The application packet for renewal of a polygraph examiner or trainee license must include:

(a) A completed application form;

(b) The required license renewal fee as prescribed in OAR 259-020-0220; and

(c) Documentation of current knowledge, skills or abilities as a polygraph examiner or trainee. For the purpose of this rule, documentation of current knowledge, skills or abilities as a polygraph examiner or trainee may be satisfied by:

(A) Completing continuing education requirements pursuant to OAR 259-020-0160; or

(B) Achieving a passing score on an examination for licensure conducted by the Department.

(5) Requests for a Duplicate License. A licensed polygraph examiner or trainee may obtain a duplicate license by submitting a written request to the Department with the duplicate license fee as prescribed in OAR 259-020-0220. When the duplicate license is requested due to a legal name change, the licensee must also submit documentation of the name change.

(6) The Department may request additional documentation as needed for any application for licensure or license renewal or a request for a duplicate license.

(7) Applicants for licensure as a polygraph examiner or trainee who are not residents of this state must provide an irrevocable written consent with the application for a license or renewal permitting the Director to act as an agent for the service of all legal process in this state.

(a) In any action in a court of competent jurisdiction in this state, service of process may be made upon a polygraph examiner or trainee who does not reside in this state by mailing two copies of the process to the Director.

(b) The Director must retain one copy of the process in the records and immediately send, by certified or registered mail, the other copy to the polygraph examiner or trainee at the most current address as indicated by the records of the Department.

(8) The Department may administratively terminate the application process if the Department is unable to complete the licensure process due to non-response or non-compliance by the applicant to correct application deficiencies. To re-apply, applicants will be required to re-submit an application packet with all deficiencies corrected, including new fees.

(9) Any exception to the application process found in this rule must be approved by the Department.

[ED. NOTE: Forms referenced and required fingerprint processing fee amount are available from the agency.]

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.230, ORS 703.070, ORS 703.080, ORS 703.090, ORS 703.100, ORS 703.110, ORS 703.120 & ORS 181A.195
History:
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0180
Period of Licensure / Expired Licenses

(1) Polygraph examiner and polygraph examiner trainee licenses expire one year from the date of issuance.

(2) Maximum Period for Licensure as a Polygraph Examiner Trainee.

(a) A person may not be licensed as a polygraph examiner trainee for an aggregate period greater than four years unless the person requests, and the Department approves, a time extension.

(b) The Department may approve a time extension in order for the polygraph examiner trainee to meet the minimum standards for licensure as a polygraph examiner for education, training or examination for licensure as defined in OAR 259-020-0120.

(c) Department approved time extensions will not exceed one year.

(d) When a person has exhausted the allowed polygraph examiner trainee license renewals and the time extension, they are prohibited from holding licensure as a polygraph examiner trainee until two years and one day have elapsed from the expiration of the last polygraph examiner trainee license held by the person.

(e) Any application for licensure submitted prior to satisfying the two years and one day ineligibility period will be denied pursuant to OAR 259-020-0200.

(3) Expired Polygraph Examiner Licenses.

(a) A person whose polygraph examiner license has been expired for two years or less must apply for renewal of the license in accordance with OAR 259-020-0170.

(b) A person whose polygraph examiner license has been expired for more than two years must submit a new application for licensure in accordance with OAR 259-020-0170 and must successfully complete the examination for licensure.

(4) Expired Polygraph Examiner Trainee Licenses.

(a) A person whose polygraph examiner trainee license has been expired for two years or less must apply for renewal of the license in accordance with OAR 259-020-0170.

(b) A person whose polygraph examiner trainee license has been expired for more than two years must submit a new application for licensure in accordance with OAR 259-020-0170 and must complete the internship requirements defined in OAR 259-020-0140.

(5) A person whose polygraph examiner’s or trainee’s license has expired while the person was employed by any federal agency or while the person was on active duty as a member of the Armed Forces of the United States or on active duty as a member of the National Guard of this state may apply for renewal of their license without an examination for licensure within two years after the date of the termination of such employment or active duty by submitting an a application for renewal in accordance with OAR 259-020-0170.

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.230 & ORS 703.100
History:
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0190
Reciprocity

(1) The Department may issue a license as a polygraph examiner in this State to a person who is licensed as a polygraph examiner by another state or territory of the United States, without an examination for licensure by the Department, if the person submits an application for licensure pursuant to OAR 259-020-0170 and the Department finds that the person:

(a) Is at least 18 years of age;

(b) Is a citizen of the United States;

(c) Was licensed pursuant to the requirements of such other state or territory that, at the date of the issuance of such license by such other state or territory, were substantially equivalent to the requirements of the Act for the licensing and regulation of polygraph examiners in this state; and

(d) Is licensed by another state or territory that grants reciprocity to polygraph examiners licensed in this state.

(2) In accordance with the requirements of ORS 703.120, if the person is not a resident of this state, the person must provide an irrevocable written consent permitting the Director to act as the agent of the person for the service of all legal process in this state.

(3) When making a determination regarding the equivalency of the requirements for licensure by another state, the Department may, upon receipt of an application for licensure as a polygraph examiner, accept the applicant’s professional experience as being equal in professional value toward the five years of active investigative experience required by ORS 703.090(1)(e) and OAR 259-020-0120(3)(b).

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.070, ORS 703.090, ORS 703.110 & ORS 703.130
History:
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0200
Denial, Suspension or Revocation of Licensure

(1) The Department may deny, suspend or revoke the license of any applicant, polygraph examiner or trainee after written notice, and a hearing if requested, upon finding that the applicant, polygraph examiner or trainee:

(a) Failed to meet the minimum standards for a polygraph examiner or trainee as described in OAR 259-020-0120 and OAR 259-020-0130;

(b) Failed to pass the examination for licensure within three attempts pursuant to OAR 259-020-0150;

(c) Engaged in conduct that violates any provisions found within the Act or these rules; or

(d) Engaged in any of the behaviors described in ORS 703.210. For the purposes of this rule, ORS 703.210(6), demonstrating an inability or incompetency to carry out the duties of a polygraph examiner or trainee, is defined as:

(A) Conduct that violates the law;

(B) Conduct that violates the practices or standards generally followed in the polygraph profession;

(C) Conduct that is prejudicial to the administration of justice;

(D) Conduct that involves untruthfulness;

(E) The use of test questions relating to sexual, religious, or political matters, unless such matters relate to the issue under investigation; or

(F) The deliberate use of unclear, misleading, circuitous, or ambiguous language in describing or explaining the relevant issue of the examination or the results of the examination.

(2) In accordance with ORS 703.140, the Department will immediately suspend the license of a polygraph examiner or trainee after written Notice, and a hearing if requested, based upon a finding that the licensee failed to provide written notification of a change in the licensee’s business name, address or contact information as required by OAR 259-020-0100.

(3) The Department will initiate a professional standards case upon receipt or discovery of information that would lead an objectively reasonable person to conclude that the applicant or licensee has violated the provisions of the Act or the rules established by the Board for licensure as a polygraph examiner or trainee. For the purpose of this rule, receipt of information may include, but is not limited to:

(a) Notification of a conviction, or any other criminal disposition, of a licensed polygraph examiner, trainee or applicant; or

(b) Any complaint submitted to the Department alleging that a licensed polygraph examiner, trainee or applicant may have engaged in conduct that violates the statutory and administrative rule requirements for licensure as a polygraph examiner or trainee.

(4) Complaints. All complaints will be reviewed by the Department to determine if the allegations, if founded, may violate the statutory and administrative rule requirements for licensure as a polygraph examiner or trainee. Complaints determined to fall outside of the Department’s jurisdiction will be administratively closed.

(5) Review of a Professional Standards Case by the Department. When the Department receives factual information from any source, the Department will review the information to determine if the conduct may meet statutory and administrative rule requirements for denial, suspension or revocation as defined in section (1) of this rule.

(a) If the Department determines that the conduct being reviewed does not meet the statutory and administrative rule requirements for denial, suspension or revocation, the case will be administratively closed.

(b) If the Department determines that the conduct being reviewed may meet the statutory and administrative rule requirements for denial, suspension or revocation, but is not supported by adequate factual information, the Department may request further information from the parties involved or conduct its own investigation of the matter.

(c) When the Department determines that the conduct being reviewed may meet the statutory and administrative rule requirements for denial, suspension or revocation, the case may be presented to the Board, in consultation with the Director.

(6) Review of a Professional Standards Case by the Board in Consultation with the Director.

(a) In making a decision to authorize initiation of proceedings under section (10) of this rule, the Director may consult the Polygraph Licensing Advisory Committee.

(b) When the Department presents a professional standards case to the Board, through the Director, a notification will be sent to the affected applicant or licensee by the Department. The notification will include the deadlines for the affected person to present evidence of factors that may support mitigation. The affected person may present mitigation evidence by one or both of the following:

(A) Submitting documents or written statements as supporting evidence for mitigation of the conduct under review to the Department for consideration by the Director and the Board.

(B) Arranging with the Department to present a verbal statement. Verbal statements are limited to a maximum of five minutes and must be presented, in person, by the affected person, or the representative of their choice.

(c) In order to determine whether or not the conduct engaged in by the applicant or licensee meets the statutory and administrative rule requirements for denial, suspension or revocation, the Board, in consultation with the Director, will review the conduct and consider mitigating and aggravating circumstances.

(d) When the Board, in consultation with the Director, determines that the conduct being reviewed meets the statutory and administrative rule requirements for denial, suspension or revocation and that the conduct reviewed rises to the level to warrant denial, suspension or revocation of the person’s licensure, the affected person will be ineligible for licensure as a polygraph examiner or trainee for up to 10 years.

(e) The Board, in consultation with the Director, will determine how long the applicant or licensee will be ineligible for licensure as a polygraph examiner or trainee based on the totality of the professional standards case which includes review of the misconduct and factors supporting aggravation or mitigation pursuant to this rule.

(f) An individual whose licensure has been denied, suspended or revoked is prohibited from conducting polygraph examinations, referring to themselves as a polygraph examiner or trainee or offering or advertising services as a polygraph examiner or trainee.

(7) Ineligibility Period. Any applicant, polygraph examiner or trainee whose licensure is denied, suspended or revoked will be ineligible to hold any polygraph examiner or trainee license for a period up to 10 years.

(a) The period of ineligibility will be included in any Final Order of the Department.

(b) The first day of the ineligibility period will be based upon the date the conduct or behavior, identified as cause for denial, suspension or revocation, occurred.

(c) The ineligibility period will cease when the applicable timeframe stated in the Final Order has been satisfied.

(d) The prescribed ineligibility period for subsection (1) (b) of this rule, failure to pass the examination for licensure, is a period of two years and one day.

(8) The Board’s decision to deny, suspend or revoke certifications will be subject to the contested case procedure described in section (10) of this rule.

(9) Eligibility for Licensure after Satisfying an Ineligibility Period.

(a) In order to be eligible for licensure after satisfying an ineligibility period, the affected person must meet all of the minimum requirements as described in OAR 259-020-0120 or OAR 259-020-0130.

(b) Satisfaction of ineligibility period means the conduct for which the person was denied, suspended or revoked is no longer a course of behavior that would prohibit them licensure.

(c) Any application for licensure submitted by a person whose ineligibility period has not been satisfied will be denied pursuant to section (10) of this rule.

(10) Initiation of Proceedings: Upon determination that the reason for denial, suspension or revocation is supported by factual data meeting the statutory and administrative rule requirements, the Department will prepare a Contested Case Notice.

(a) All contested case notices will be prepared in accordance with the applicable provisions of the Attorney General’s Model Rules of Procedure adopted under OAR 259-005-0015. The Department will have a copy of the notice served on the person whose license is being affected.

(b) Response time:

(A) A party who has been served with a Contested Case Notice of Intent to Deny Licensure has 60 calendar days from the date of mailing or personal service of the notice in which to file with the Department a written request for hearing or a written notice withdrawing their application for consideration.

(B) A party who has been served with a Contested Case Notice of Intent to Revoke Licensure has 20 calendar days from the date of mailing or personal service of the notice in which to file with the Department a written request for hearing.

(C) A party who has been served with a Contested Case Notice of Intent to Suspend Licensure has 10 calendar days from the date of mailing or personal service of the notice in which to file with the Department a written request for hearing.

(c) Default Order: If a timely request for a hearing is not received, the Contested Case Notice will become a final order denying, revoking or suspending licensure pursuant to OAR 137-003-0672.

(d) The Department may enter a Final Order revoking the licensure of a polygraph examiner or trainee upon the person’s withdrawal of a request for hearing and written agreement to accept the Department’s revocation of licensure as a polygraph examiner or trainee. If the person’s licensure as a polygraph examiner or trainee is revoked pursuant to this subsection, the person is ineligible for licensure as a polygraph examiner or trainee for 10 years. The Department will deny any application that the person submits for licensure as a polygraph examiner or trainee, pursuant to section (10) of this rule, if the 10 year ineligibility period has not been satisfied.

(11) Upon receipt of written notification of the suspension or revocation of a license by the Department, a polygraph examiner or trainee must immediately surrender the license to the Department.

(12) Appeal Procedure. Polygraph examiners or trainees aggrieved by the findings and Order of the Department may file an appeal with the Court of Appeals from the Final Order of the Department, as provided in ORS 183.480.

(13) A licensed polygraph examiner or trainee may request the Department accept the surrender of their license.

(a) In considering whether to accept the request to surrender licensure as a polygraph examiner or trainee, the Department may request further information from the licensee or conduct its own investigation to determine if any minimum standards for licensure have been violated and proceed pursuant to this rule.

(b) If an administrative proceeding has commenced pursuant to section (10) of this rule, the Department may, in its discretion, withdraw its Contested Case Notice of Intent and accept the person’s surrender of the polygraph examiner or trainee license.

(c) The polygraph examiner or trainee license will remain active until the Department accepts the surrender.

(d) Once the surrender has been accepted by the Department, the individual may no longer conduct polygraph examinations, refer to themselves as a polygraph examiner or offer or advertise services as a polygraph examiner.

(14) Pursuant to ORS 703.220, the Department may restore a suspended or revoked license to the prior holder upon written application and receipt by the Department of evidence that the conditions which caused the suspension or revocation have been corrected to the satisfaction of the Department.

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.230, ORS 703.210 & ORS 703.220
History:
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0210
Polygraph Licensing Advisory Committee

(1) The Department may appoint a polygraph licensing advisory committee whose function is to assist and advise the Department concerning the administration of the Act.

(2) The advisory committee's duties may include, but are not limited to:

(a)The development, review or revision of exam questions for the examination for licensure as a polygraph examiner;

(b) The evaluation and selection of polygraph examiners courses to be recommended for approval by the Department;

(c) Upon the request of the Director, the review and recommendation of professional standards cases presented by the Department; and

(d) Providing consultation in the form of subject matter expert review regarding, but not limited to, polygraph instrumentation and technical or professional practices within the polygraph profession.

(3) The advisory committee will consist of three members to be appointed by the Director, each appointment to be subject to ratification by the Board at its next regular meeting.

(4) Membership of the advisory committee will consist of currently licensed polygraph examiners, one of which will be a currently employed law enforcement examiner and two of which will be from the private sector.

(5) Members of the advisory committee will be initially appointed for a three-year term and may be reappointed for one additional three-year term.

(6) The advisory committee will meet at least once per calendar year and additionally as needed.

Statutory/Other Authority: ORS 703.230
Statutes/Other Implemented: ORS 703.230
History:
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017

259-020-0220
Fees and Payments

(1) Payments.

(a) The Department accepts business checks, money orders, cashier’s checks, and credit cards approved by the Department. Credit card payments may require submission of additional verification information as designated by the Department. The Department does not accept personal checks or cash.

(b) Fees for licensure are due at the time of application.

(c) Amounts due to the Department are non-refundable and non-transferable.

(d) Applicants who choose to withdraw their application or fail to complete the application process forfeit their application fees.

(2) Fees charged by the Department include:

(a) Polygraph Examiner License Fee - $50;

(b) Polygraph Examiner Trainee License Fee - $35;

(c) Examination for Licensure Fee - $50;

(d) Fingerprint Criminal History Check Fee – The current fee for processing a fingerprint criminal history check may be obtained from the Department. This fee is to recover the costs of administering the fingerprint check through the Oregon State Police and the Federal Bureau of Investigation. This fee is separate from and does not apply to any fees charged by a fingerprinting services vendor. An additional fee will be charged for the third submittal of fingerprint cards when rejected for filing by the FBI;

(e) Duplicate or Replacement License Fee - $5; and

(f) Non-sufficient Funds (NSF) Penalty Fee - $25.

(3) If the Department receives a payment by check and the check is returned to the Department as a non-sufficient funds (NSF) check, the payer of the fees will be assessed an NSF penalty fee in addition to the required fees.

(4) Overpayment of Amounts Due.

(a) The Department will reject payments that include an overpayment of the amount due that is $10.01 or more.

(b) The Department may accept payments that include an overpayment of the amount due when the overpaid amount is $10.00 or less.

(c) Overpayment amounts that are $10.00 or less will only be refunded upon receipt of a written request from the person who made the overpayment, or the person's legal representative. The written request must be received by the Department within three years of the overpayment.

Statutory/Other Authority: ORS 703.230 & ORS 293.445
Statutes/Other Implemented: ORS 703.230, ORS 703.070, ORS 703.110, ORS 703.240 & ORS 293.445
History:
DPSST 22-2020, amend filed 10/22/2020, effective 10/29/2020
DPSST 17-2017, adopt filed 10/20/2017, effective 10/20/2017