§ 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.)