The Vermont Statutes Online

Title 26: Professions and Occupations

Chapter 053: Polygraph Examiners

• § 2901. Definitions

  For the purposes of this chapter:

  (1) “Commissioner” means the Commissioner of Public Safety.

  (2) “Internship” means the study of polygraph examinations and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study approved by the Commissioner.

  (3) “Polygraph examiner” means any person who purports to be able to detect deception or verify the truth of statements through instrumentation or the use of a mechanical device. (Added 1975, No. 110.)

• § 2902. Minimum instrumentation required

  (a) Any instrument used to test or question individuals for the purpose of detecting deception or verifying the truth of statements shall record visually, permanently, and simultaneously:

  (1) A subject’s cardiovascular pattern; and

  (2) A subject’s respiratory pattern.

  (b) Patterns of other physiological changes in addition to subdivisions (a)(1) and (2) of this section may also be recorded. The use of any instrument or device to detect deception or to verify the truth of statements that does not meet these minimum instrumentation requirements is prohibited and that instrument may not be operated or used. (Added 1975, No. 110.)

• § 2903. Unauthorized practice

  A person may not administer polygraph or other examinations utilizing instrumentation for the purpose of detecting deception or verifying the truth of statements or attempt to hold himself or herself out as a polygraph examiner or refer to himself or herself by any other title that would indicate or that is intended to indicate or calculated to mislead members of the public into believing that he or she is qualified to apply instrumentation to detect deception or to verify the truth of statements without being licensed as a polygraph examiner as provided in this chapter. (Added 1975, No. 110.)

• § 2904. Qualifications for license

  A person may be licensed as a polygraph examiner or an intern if he or she:

  (1) establishes that he or she is a person of honesty, truthfulness, integrity, and moral fitness;

  (2) has not been convicted of a felony or a misdemeanor involving moral turpitude;

  (3) except in the case of an intern, is a graduate of a polygraph examiners course approved by the Commissioner; and

  (4) has satisfactorily completed not less than six months of internship training or has completed such other training as the Commissioner may prescribe. (Added 1975, No. 110.)

• § 2905. Application for license or internship license

  An application for a polygraph operator’s license or an internship license shall be made to the Commissioner in writing under oath on forms prescribed by him or her and shall be accompanied by the required nonrefundable fee. (Added 1975, No. 110.)

• § 2906. Examination and license fees

  (a) The Commissioner shall adopt rules for the examination and licensing of all applicants under this chapter and may adopt such other rules as are required to carry out the intent or purposes of this chapter.

  (b)(1) Fees are established for the issuance of examiner’s licenses, internship licenses, and duplicates and renewals thereof.

  (A) Examiner’s license fee: $15.00

  (B) Internship fee: $10.00

  (C) Renewal of examiner’s license: $15.00

  (D) Any duplicate license: $ 2.00

  (2) Fees collected under this subsection shall be credited to a special fund and shall be available to the Department of Public Safety to offset the cost of providing the service. (Added 1975, No. 110; amended 1999, No. 49, § 166.)

• § 2907. Termination and renewal of license

  Each polygraph examiner’s license shall be issued for the term of one year and shall, upon application, unless suspended or revoked, be renewed annually. An internship license may be issued for a period not to exceed 12 months and may not be renewed. A polygraph examiner whose license has expired may at any time within two years after the expiration thereof obtain a renewal license without examination by applying therefor and satisfying the provisions of section 2904 of this title. (Added 1975, No. 110.)

• § 2908. Refusal, suspension, revocation

  The Commissioner may, pursuant to 3 V.S.A. chapter 25, refuse to issue or may suspend or revoke a license on any one or more of the following grounds:

  (1) failure to inform a subject to be examined as to the nature of the examination;

  (2) failure to inform a subject to be examined that his or her participation in the examination is voluntary;

  (3) making a material misstatement in the application for original license or in the application for any renewal license;

  (4) willful disregard or violation of this chapter or of any regulation or rule issued hereunder, including willfully making a false report concerning an examination for polygraph examination purposes;

  (5) conviction of a felony or misdemeanor involving moral turpitude;

  (6) making any willful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business;

  (7) having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter;

  (8) allowing one’s license under this chapter to be used by any unlicensed person in violation of the provisions of this chapter;

  (9) willfully aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant thereto;

  (10) being adjudged as mentally incompetent by any court of this or any other state;

  (11) failing, within a reasonable time, to provide information requested by the Commissioner of Public Safety as the result of a formal complaint to him or her that would indicate a violation of this chapter; or

  (12) failing to inform the subject of the results of the examination if so requested. (Added 1975, No. 110.)

• § 2909. Penalty

  Any person who violates a provision of this chapter or any rule adopted under this chapter shall be fined not more than $1,000.00 or imprisoned for not more than six months, or both. (Added 1975, No. 110.)

• § 2910. Effect

  Nothing in this chapter shall be construed as altering, overruling, amending, or repealing any statute, regulation, rule of court, or judicial decision with respect to the admissibility or use of the results of polygraph examinations as evidence in a court of law or administrative proceeding. (Added 1975, No. 110.)