CHAPTER 356

An Act to provide for the licensing and regulation of polygraph exam-
tners and fixing the fees thereof; to provide how such licenses shall be
issued and revoked; and to provide penalties for violations.

[fH 1102]
Approved April 2, 1968

Be it enacted by the General Assembly of Virginia:

1. § 1. As used in this act unless the context requires a different
meaning:

(a) “Polygraph examiner’, hereinafter referred to as “examiner”,
means any person who uses any device or instrument to test or question
individuals for the purpose of determining truthfulness.

(b) “Person” means any natural person, partnership, association,
corporation, or trust.

(c) “Department” means the Department of Professional and Occu-
pational Registration.

(d) ‘Director’ means the Director of the Department of Professional
and Occupational Registration.

(e) “Polygraph” means any mechanical or electronic instrument or
device of any type used or allegedly used to test or question individuals
for the purpose of determining truthfulness, regardless of the name or
design of the device or instrument used.

§ 2. Every examiner shall use an instrument which records perma-
nently and simultaneously the subject’s cardio-vascular and respiratory
patterns as minimum standards, but such an instrument may record addi-
tional physiological changes pertinent to the determination of truthfulness.

8. (a) No person shall administer a polygraph examination as set
forth in § 1 of this act, or any imitation thereof, without first securing an
examiner’s license. 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 is required by the Department
to determine the eligibility of the applicant. Each application for an exam-
iner’s license shall be accompanied by a fee of fifty dollars, which is non-
refundable, provided, however, no such fee shall be charged to any
examiner in the full-time employ of any state or local police department
or sheriff’s office of a political subdivision of the State.

(b) Each applicant for an examiner’s license shall submit his fin-
gerprints to the department together with a sworn affidavit that said
applicant:

(1) Isa citizen of the United States,

(2) Is at least twenty-one years of age,

(3) Is a high school graduate,

(4) Has successfully completed a course of formal training in detec-
tion of deception in an institution accepted by the Department. This course
of instruction must include a minimum of one hundred eighty hours of
formal instruction in detection of deception, provided:
For a period of one year from the effective date hereof, any person
who has actually engaged in the occupation, business or profession of
polygraph examination for one year prior to the effective date hereof, and
after fulfillment of all other requirements, shall be issued a license here-
under, provided that the Department may require such person to submit
Satisfactory proof that he has so engaged for such period.

_ (5) Has not been convicted of a misdemeanor involving moral tur-
pitude 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.

_ (c) Upon receipt of an application for an examiner’s license, the
Director shall investigate each application, and no license will be issued
until said investigation is complete. Said investigation shall be completed
within ninety days following receipt of application.

§ 4. (a) 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 thirty-one of that year. A renewal fee
of twenty-five dollars shall accompany each renewal application for the
examiner’s license.

(b) 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 (i) on active duty with the
Armed Forces of the United States, or (ii) called into service or training
with the State Militia, or (iii) 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 inter-
vening renewal license fee if within two years after termination of such
service, training or education, except under conditions other than honor-
able, 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 Director shall, before issuing the renewal license, inves-
tigate each applicant during the expiration period to determine that all
applicants for renewal of license meet all requirements stipulated for
initial licensing according to this act.

8 5. (a) A license or duplicate license must be prominently dis-
played at each place of business of every examiner. The fee for a duplicate
license is five dollars. Each license shall be signed by the Director and
shall be issued under the seal of the Department.

(b) 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
notification to the Department and without the issuance by it of a new
license, the license theretofore issued shall automatically be suspended,
except for good cause shown.

§ 6. Each nonresident applicant for an 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 munic+
pality of this Commonwealth in which the plaintiff resides or in whicb
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 appl
cant by leaving two copies thereof with the Director of the Department.
Such consent shall stipulate and agree that such service of process shall
be valid and binding for all purposes. The Director 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.

§ 7. The Department may deny, suspend or revoke any license on
any one or more of the following grounds:

(a) Material misstatement in the original application or in the appli-
cation for a renewal license.

(b) Willful disregard or violation of this act or of any regulation or
rule issued pursuant thereto.

(c) If the holder of any license has been adjudged guilty of the com-
mission of a felony or a misdemeanor involving moral turpitude.

(d) Making any willful misrepresentation or false promises or caus-
ing to be printed any false or misleading advertisement for the purpose
of directly or indirectly obtaining business.

(e) Allowing one’s license under this act to be used by an unlicensed
person in violation of the provisions hereof.

(f) Willfully aiding or abetting another in the violation of this act or
of any regulation or rule issued pursuant thereto.

(g) Where the licensed holder has been adjudged mentally ill or
mentally deficient.

(h) Failing, within a reasonable time, to provide information re-
quested by the Department as the result of a formal or informal complaint
to the Department.

§ 8. Any unlawful act or violation of any of the provisions of this
act upon the part of any examiner 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.

The Department shall publish, at least annually, a list of the
names and addresses of all examiners and of all persons whose license
has been suspended or revoked within that year, together with such other
information relative to the enforcement of the provisions of this act
as it may deem of interest to the public or the profession. One such list
shall be mailed to the clerk of each county and city of the Commonwealth
and shall be held by such clerk as a public record. Such list shall also be
mailed by the Department to any person in the Commonwealth upon
request.

§ 10. The Department may upon its own motion and shall upon
the verified complaint in writing of any person setting forth facts which
if proved would constitute ground for denial, suspension or revocation
of a license under this act, 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 date 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, hereinafter called the respondent, is privileged to hold
such license and shall afford the respondent an opportunity to be heard
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 Depart-
ment. At the time and place fixed in the notice, the Director 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 Director may continue such hearing
from time to time. If the Director shall not be sitting at the time and
place fixed in the notice or at the time and place to which the hearing
Shall have been continued, the Director shall continue such hearing for a
period not to exceed thirty days.

§ 11. (a) The Department, at its expense, shall provide a stenog-
rapher 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 Director 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
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.

(b) In any case involving the denial, suspension or revocation of a
license, a copy of the Director’s report shall be served upon the respondent
by the Department, either personally or by registered or certified mail as
provided in this act for the service of the notice of hearing. Within
twenty days after such service, the respondent may present to the Depart-
ment 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
Director 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.

§ 12. Any circuit or corporation court having criminal jurisdiction
in the county or city in which the offense giving rise to the hearing is
alleged to have taken place, either in term time or vacation, may, upon
application of the Director or of the applicant or licensee against whom
proceedings upon § 10 of this act 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 thereunder.

§ 18. Appeals shall be as provided in Chapter 1.1 of Title 9 of the
Code of Virginia.

14. Upon the revocation or suspension of any license, the licensee
shall forthwith surrender the license to the Department within thirty
days from notification and if the licensee fails to do so, the Department
shall have the right to seize the same.

§ 15. If any person violates the provisions of this act, the Director
shall, in the name of the Commonwealth, through the Attorney General
or any person designated by him, apply in any court of competent juris-
diction, for an order enjoining such violation or for an order enforcing
compliance with this act. Proceedings under this section shall be in
addition to, and not in lieu of all other remedies and penalties provided
by this act.

§ 16. An order or a certified copy thereof, over the seal of the
Department and purporting to be signed by the Director, shall be prima
facie proof thereof:

(a) That such signature is the genuine signature of the Director;

(b) That such Director is duly appointed and qualified; and

(c) That the Director and Department thereof are qualified to act.

§ 17. The violation of any of the provisions of this act shall con-
stitute a misdemeanor and be punishable by a fine of not less than one
hundred nor more than five hundred dollars, or by imprisonment for not
more than twelve months, or both such fine and imprisonment.

§ 18. None of the provisions of this act shall apply to polygraph
examiners in the full-time employment of the Department of State Police.
2. If any section, subsection, sentence, part or application of this act
be held unconstitutional by a court of last resort such holding shall not
affect any other section, sentence, part or application which can be given
effect without the part so held invalid.