reglab/statecodes huggingface dataset:
Alabama Administrative Code › Title 730 - ALABAMA STATE BOARD OF PODIATRY › Chapter 730-X-4 - DISCIPLINARY ACTIONS, HEARINGS AND APPEALS › Section 730-X-4-.04 - Conduct Of Hearings In Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
(a) The president of the Board, or in his absence, the vice president of the Board, or in his absence, the secretary-treasurer of the Board, shall preside during hearings but may rely upon the assistance and advice of a hearing officer. A quorum of the Board necessary to decide contested cases is set at five (5) members of the Board.
(b) In all instances in which a complaint has been filed with the Board, one member of the Board shall be appointed the investigating officer. This Board member shall assist in the investigation, and if necessary, the prosecution, of the case, and shall not vote at the hearing.
Alabama Administrative Code › Title 730 - ALABAMA STATE BOARD OF PODIATRY › Chapter 730-X-4 - DISCIPLINARY ACTIONS, HEARINGS AND APPEALS › Section 730-X-4-.05 - Judicial Review Of Contested Cases

Current through Register Vol. 42, No. 9, June 28, 2024
A person who has exhausted all administrative remedies available within the agency (other than rehearing) and who is aggrieved by a final decision in a contested case is entitled to judicial review as provided by the Alabama Administrative Procedure Act,
Code of Ala. 1975
, §§
								41-22-1,
et
seq
.
Author:
Statutory Authority:
Code of Ala. 1975
, §§
										41-22-1,
et
seq
.
Alabama Administrative Code › Title 730 - ALABAMA STATE BOARD OF PODIATRY › Chapter 730-X-4 - DISCIPLINARY ACTIONS, HEARINGS AND APPEALS › Section 730-X-4-.06 - Hearing Officer

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A hearing officer is an individual appointed by the Board to act in such capacities and with such authority as is specified herein. A hearing officer may be an attorney licensed to practice law in the State of Alabama, or may be any person with the experience and qualifications necessary to carry out the duties of the hearing officer.
(2) The general duties of the hearing officer shall be to guide and direct the court of contested cases before the Board, to advise the Board on matters of law and evidence pertaining to those contested cases and to assist the Board in the preparation of orders and decrees resulting from hearings on contested cases. Specifically, the hearing officer shall be empowered to:
(a) Rule upon any motions contesting or challenging the legal sufficiency of a complaint, order to show cause, or other document which is the basis of a contested case, subject to the limitation set forth in paragraph (e) below.
(b) Rule on all prehearing motions by all parties to a contested case except that the hearing officer may not grant a continuance or postponement of a hearing in a contested case without the consent of the president of the Board.
(c) Order the attendance of parties and/or attorneys at hearings and conferences on matters related to the contested case.
(d) Establish on behalf of the Board submission dates, deadlines and time tables which shall be binding on the parties in all matters related to the orderly conduct of the contested case.
(e) Enter orders on behalf of the Board when the Board is not in session on legal matters related to a pending contested case, except that the hearing officer is not authorized to dismiss a complaint. The hearing officer may order the complainant to file a more definite statement or to amend his complaint to provide additional information. Dismissal of a complaint will only be upon the order of the Board.
(f) Administer oaths and to certify the authenticity of documents when required in the discharge of his duties as hearing officer in a contested case.
(g) Direct that evidence relevant to the general character and reputation of the registrant be submitted in writing by affidavit or to place reasonable limitations upon the number of witnesses permitted to testify as to the character and reputation of the registrant.
(h) Render advice as to the president of the Board on the conduct of all aspects of hearings on contested cases.
Alabama Administrative Code › Title 730 - ALABAMA STATE BOARD OF PODIATRY › Chapter 730-X-5 - ADVERTISING › Section 730-X-5-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Advertising is the communication of information in a manner designed to attract public attention to the practice of one or more podiatrists.
(2) Fraudulent Or Misleading Advertising. Fraudulent or misleading advertising is advertising which:
(a) Contains a misrepresentation of facts; or
(b) Is likely to mislead or deceive because in context it makes only a partial disclosure of relevant facts; or
(c) Is intended or is likely to create false or unjustified expectations of favorable results; or
(d) Implies unusual or superior podiatric ability; or
(e) Contains other representations or implications that in reasonable probability will cause an ordinary and prudent person to misunderstand or be deceived; or
(f) Unless otherwise excused by these rules, does not contain the following disclaimer in conspicuous form:
"No representation is made about the quality of the podiatric services to be performed or the expertise of the podiatrist performing such services."
Author:
Copeland, Franco, Screws & Gill, P.A.
Alabama Administrative Code › Title 730 - ALABAMA STATE BOARD OF PODIATRY › Chapter 730-X-5 - ADVERTISING › Section 730-X-5-.02 - Professional Notices, Letterheads, Offices, and Podiatric Lists

Current through Register Vol. 42, No. 9, June 28, 2024
A podiatrist may use the following without the "disclaimer" stated above if in dignified form:
(a) A professional card, appointment slips or cards, letterhead, or similar professional notices, identifying the podiatrist by name, and as a podiatrist either by reference to the term "podiatrist" or to any other commonly accepted professional designation, and giving his addresses, telephone numbers, the name of his office and any special area of practice approved by the American Podiatric Medical Association in which the podiatrist has met the existing educational requirements and standards set forth by that association;
(b) A brief professional announcement card stating new or changed associations or addresses, change of office name, or similar matters pertaining to the professional office of a podiatrist, which may be mailed to other podiatrists, patients, former patients, personal friends, and relatives, and published no more than twice in a local newspaper. It shall not state biographical data except to the extent reasonably necessary to identify the podiatrist or to explain the change in his association.
(c) A sign on or near the door of the podiatrist and in the building directory identifying the podiatrist, his professional association or professional corporation, his address, telephone numbers, and office hours, and his identification as a podiatrist, either by reference to the term "podiatrist" or any other commonly accepted professional designation.
(d) A listing of the office of a podiatrist in the alphabetical and classified sections of the telephone directory or the directories for the geographical area or areas from which the podiatrist resides or maintains offices or in which a significant part of his clientele resides and in the city directory of the city in which his office is located, but the listing shall give only the name of the podiatrist, the name of his professional association or professional corporation, his identification as a podiatrist either by reference to the term "podiatrist" or to any other commonly accepted professional designation, his address, telephone numbers, and office hours;
(e) Listing in a reputable podiatric list or podiatric directory giving brief biographical and other informative data.
(f) Whenever a podiatrist advertises a board certification, the board issuing the certification shall be clearly identified and not just by initials or other abbreviations.
Authors:
Copeland, Franco, Screws & Gill, P.A.
Statutory Authority:
Code of Ala. 1975
, §§
										34-24-276, as amended.
Alabama Administrative Code › Title 730 - ALABAMA STATE BOARD OF PODIATRY › Appendix I - Forms Associated with These Rules and Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
Appendix-I-1
Appendix-I-2
Appendix-I-3
Appendix-I-4
Appendix-I-5
Appendix-I-6
Appendix-I-7
Appendix-I-8
Authors:
State Board of Podiatry
Statutory Authority:
Code of Ala. 1975
, §§
									34-41-1.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-1 - RULES › Section 740-X-1-.01 - Basis For These Rules And Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
These rules and regulations are based upon the Alabama Polygraph Examiners Act, which is contained in
Code of Ala. 1975
, §§ 34-24-1 through 34-25-36. The authority of the Alabama Board of Polyqraph Examiners to issue these regulations is found in the general provisions of the act and in the specific provision of
Code of Ala. 1975
, §
								34-25-5(a), and in the Alabama Administrative Procedure Act,
Code of Ala. 1975
, §§
								41-22-1 through 41-22-27.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-1 - RULES › Section 740-X-1-.02 - Petition For Adoption, Amendment Or Repeal Of A Rule

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Any interested person may petition the Board requesting the adoption, amendment or repeal of a rule. The petition must be in writing and must include:
(a) The name and address of the petitioner.
(b) An exact statement of the proposed rule, amendment or identification of the rule to be repealed.
(c) The pertinent facts, data, opinions or arguments in support of the petitioner's position.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-1 - RULES › Section 740-X-1-.03 - Declaratory Rulings

Current through Register Vol. 42, No. 9, June 28, 2024
Any person substantially affected by a rule may petition the Board for a declaratory ruling on whether a rule is valid or whether a rule or statute enforced by the Board is applicable to any person, property or state of facts or about the meaning and scope of any order of the Board.
(a) The petition must be in writing and must include:
1. The name and address of the petitioner.
2. A statement of facts sufficient to show that the person seeking relief is substantially affected by the rule.
3. The rule, statute or order and the reasons for the questions.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-2 - BOARD OF POLYGRAPH EXAMINERS › Section 740-X-2-.01 - Board Membership

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board is made up of five members, each of whom:
(a) Must be a practicing polygraph examiner at the time of appointment,
(b) Must have been a practicing polygraph examiner for the four years immediately preceding appointment,
(c) Must have been a resident of the State of Alabama for the two years immediately preceding appointment, and
(d) Must be a citizen of the United States of America.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-2 - BOARD OF POLYGRAPH EXAMINERS › Section 740-X-2-.02 - Board Consultants

Current through Register Vol. 42, No. 9, June 28, 2024
Two consultants will be appointed to advise and assist the Board. One consultant must be an attorney licensed to practice law in this state and the other consultant must be a qualified psychologist or psychiatrist. Board consultants will be paid the same mileage and attendance fee as Board members.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-2 - BOARD OF POLYGRAPH EXAMINERS › Section 740-X-2-.03 - Board Office

Current through Register Vol. 42, No. 9, June 28, 2024
The Board's office is at Room B4-128, 301 South Ripley Avenue, Montgomery, Alabama. The Board's mailing address is P. O. Box 1511, Montgomery, Alabama 36102-1511. The Board's telephone number is (334) 353-1881. The Board's office hours are from 8 AM to 5 PM Monday through Friday except when state holidays fall on such days.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-2 - BOARD OF POLYGRAPH EXAMINERS › Section 740-X-2-.04 - Requests For Information

Current through Register Vol. 42, No. 9, June 28, 2024
Requests for information may be made at the Board office by writing the Board or by contacting individual Board members.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.01 - Qualifications Of Examiners To Be Licensed

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The qualifications which a person must possess in order to receive a license as a polygraph examiner are those which are set out in §
								34-25-21 of the act.
(2) Pursuant to the authority vested in it by
Code of Ala. 1975
, §
								34-25-21(a)(6), the Board will approve those polygraph examiners' courses or schools which are fully accredited by the American Polygraph Association. The Board will either approve or disapprove unaccredited courses or schools on a case by case basis as the occasions arise.
(3) The Board does not interpret the "five consecutive years of active investigative experience" referred to in §
								34-25-21(a)(5) of the act as requiring that the investigative experience necessarily be in the same position or for the same employer. However, as that provision of the statute makes clear, the five years active investigative experience must be immediately preceding the application. The Board will decide on a case by case basis any questions that arise about whether an applicant's experience is "active investigative experience," and "immediately preceding" the application.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.02 - Applications For A License

Current through Register Vol. 42, No. 9, June 28, 2024
In order to be complete, all applications for a polygraph examiner's license must contain, with each application:
(a) An application form, prescribed and supplied by the Board, completed by the applicant in writing under oath, with necessary supporting documents;
(b) A personal or certified check, or a money order for the $150.00 nonrefundable investigative fee;
(c) Evidence that the applicant holds a baccalaureate degree from a college or university accredited by the Southern, Northern, Eastern or Western Association of Colleges and Schools, or recognized by the Board or in lieu thereof, evidence that the applicant has had five consecutive years of active investigative experience immediately preceding his application;
(d) Evidence that the applicant has successfully completed a polygraph school or course approved by the Board;
(e) Evidence that the applicant is covered by a surety bond or insurance policy in at least the amount of $5000 and conditioned that the obligor therein will pay to the extent of the face amount of surety bond or insurance policy all judgments which may be recovered against the licensee by reason of any wrongful or illegal acts committed by him in the course of his examinations;
(f) One complete fingerprint card and a current photograph; and
(g) any other information which the Board may request from an individual applicant for the administration and enforcement of the Polygraph Examiners Act or the rules and regulations adopted by the Board.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.03 - Board Review Of Original License Applications

Current through Register Vol. 42, No. 9, June 28, 2024
Applications will be treated in the following manner:
(a) The Board will review each application at the Board's first meeting following receipt of the application.
(b) If an application is incomplete or otherwise inadequate, the Board will notify the applicant, and no other Board action will be taken until the application is complete. If an application is not completed within the six months following the Board's notice to the applicant, the application will be void.
(c) If an application is complete and adequate, the Board will schedule the applicant for written examination and interview and notify the applicant of the date of the examination and interview.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.04 - Appearance For Examination

Current through Register Vol. 42, No. 9, June 28, 2024
(1) It is the obligation of any applicant who is unable to attend a scheduled examination to notify the Board in advance.
(2) Any applicant who fails to appear for the initially scheduled examination will be notified to appear at a second scheduled examination.
(3) Failure, for any reason, to appear at the second scheduled examination will void the application. If the applicant thereafter desires to be considered for licensing, the applicant must submit another complete application.
(4) A new application required by subsection (3) of this section must comply in all respects with Rule 740-X-3-.02 and must include a new investigative fee.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.05 - Written Examination And Interview

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except as provided in Rule 740-X-3-.06, before each applicant is licensed, that applicant must:
(a) Submit to the Board the test data and results from a minimum of 10 examinations performed by the applicant;
(b) Pass a written examination given by the Board; and
(c) Undergo a personal interview in which his performance on the written examination will be discussed with him.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.06 - Reciprocity Agreements

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Full reciprocity agreements, the privileges of which are available to all examinees licensed by reciprocal states, shall be governed by §
								34-25-24 of the act.
(2) The Board may enter into limited reciprocal agreements, the privileges of which are available only to qualified examinees licensed by reciprocal states. Qualified examinees are those who meet the minimum requirements of §
								34-25-21 of the act.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.07 - License Years And Fees

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The term of a polygraph examiner's license in Alabama runs from October 1 to September 30 of each year.
(2) Applications for license renewal shall be made upon forms prescribed and supplied by the Board.
(3) The application for renewal and the renewal license fee, which are provided for in §
								34-25-26(5) of the act, are delinquent after September 30 of each year, and unless the Board receives the renewal license application and the renewal fee on or before September 30, the license shall expire.
(a) A polygraph examiner whose license has expired may at any time within two months after the expiration obtain a renewal license, without examination or later penalty fee, by submitting a renewal application to the board and satisfying subdivisions (2), (3), and (4) of subsection (a) of Section 34-25-21. A polygraph examiner whose license has expired, and who does not apply for renewal within two months following expiration, may at any time within three to six months after the expiration obtain a renewal license, without examination, by paying a $50.00 late penalty fee, submitting a renewal application to the board, and satisfying subdivisions (2), (3), and (4) of subsection (a) of Section 34-25-21.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.08 - Temporary Licenses

Current through Register Vol. 42, No. 9, June 28, 2024
The secretary of the Board may issue an Intern polygraph examiner's license pending the Board's approval of the application at the next Board meeting. A Intern license may be issued only if the application is complete and ready for Board action.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.09 - Bad Checks

Current through Register Vol. 42, No. 9, June 28, 2024
A "bad check" is a check received by the Board from an applicant, intern, or examiner, which is returned to the Board unpaid for any reason. The following procedures will govern the receipt of bad checks by the Board:
(a) If the check is from an applicant for an original examiner's license or from an applicant for an intern's license, the processing of the application will he discontinued indefinitely until the fee which the check was to cover is paid. After receipt of the initial bad check, no additional personal checks will be accepted for this payment and the payment must be by cashier's check, certified check, or money order.
(b) If the bad check is from an examiner for renewal of his license, or from an intern for renewal of his internship license, receipt of the bad check shall immediately suspend the license. The license shall remain suspended until the renewal fee is paid. After receipt of the initial bad check, no additional personal check will be accepted for payment of this fee, and payment must be by cashier's check, certified check, or money order.
(c) The secretary Of the Board shall notify an applicant, intern, or examiner whose bad check is received of the fact that the check was returned to the Board unpaid and of the effect which this event has on the application or renewal.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.10 - Fees For Governmental And Commercial Examiners

Current through Register Vol. 42, No. 9, June 28, 2024
All polygraph examiners licensed in the State of Alabama on October 1, 1991, will be exempt from the one time investigative fee and original licensing fee formerly required of governmental examiners entering private practice. The renewal license fee, provided for in
Code of Ala. 1975
, §
								34-25-26(5), shall be applicable to all examiners for each year thereafter.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.11 - License Form And Identification Card

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The license form approved by the Board will contain the full name of the licensee, the date of issuance and expiration of the license, the seal of the Board, the document control number, and the signature of the members of the Board.
(2) The Board will issue to each licensed polygraph examiner a pocket identification card verifying that he is licensed to perform polygraph examinations in Alabama.
(3) It is the responsibility of each licensed polygraph examiner to prominently display his license form at his place of business. It is further the responsibility of each polygraph examiner to have his pocket identification card in his possession whenever he is conducting a polygraph examination, and to produce it when requested to do so by any person.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.12 - License Is Not A License To Do Business

Current through Register Vol. 42, No. 9, June 28, 2024
The polygraph examiner's license is issued by the Board as a determination of the professional qualifications of the licensee. It is not a license to do business, and it does not relieve the examiner of the obligation to comply with state and local business license requirements.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.13 - Notification Of Change Of Address

Current through Register Vol. 42, No. 9, June 28, 2024
It is the duty of each intern and examiner to properly notify the Board of any change in his mailing address.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.14 - Bonds

Current through Register Vol. 42, No. 9, June 28, 2024
Every polygraph examiner, whether a commercial examiner or a governmental examiner, must be insured or bonded as an individual in an amount to be determined by the Board and proof that an examiner has such a bond or insurance must be presented to the Board with that examiner's application for a license.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.15 - Notification Of Cancellation Or Discontinuance Of Surety Bond

Current through Register Vol. 42, No. 9, June 28, 2024
It is the duty of an examiner to immediately notify the Board if his surety bond, which is required by §
								34-25-21(b) of the act, has been or is to be cancelled or discontinued or changed in any way.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-3 - LICENSES › Section 740-X-3-.16 - Continuing Education

Current through Register Vol. 42, No. 9, June 28, 2024
Effective October 1, 1993, every licensed polygraph examiner seeking annual renewal of a license shall, as a prerequisite for renewal of such license, report with the license renewal form satisfactory evidence of having completed at least twelve (12) credit hours of qualified continuing education in the subject areas of polygraph examinations, and/or related field. No polygraph examiner shall be required to complete any credit hours of continuing education during the calendar year in which he or she first becomes licensed.
(a) Seminars, conferences, courses and classes sponsored by national, regional, state and local polygraph associations and those sponsored by individuals nationally recognized as experts in the profession may be accepted as meeting the requirements of this rule.
(b) University or college courses, provided that:
1. For credit courses, each semester hour credit shall equal fifteen (15) continuing education credit hours, and each quarter hour credit equal ten (10) continuing education credit hours.
2. For noncredit short courses, continuing education credit shall equal actual time in class.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-4 - INTERNSHIPS › Section 740-X-4-.01 - Internship License Program

Current through Register Vol. 42, No. 9, June 28, 2024
Section 34-25-25 of the act provides for an internship license
				program. The details and procedures of that program will be as follows:
(a) The internship license program will be
			 opened to those applicants for a polygraph examiner's license who have not
			 served a six (6) month internship. During the internship period the applicant
			 will receive an additional training in polygraphy before they will be able to
			 demonstrate sufficient competency to be issued a regular polygraph examiner's
			 license;
(b) An application for an
			 internship license shall be completed with necessary supporting documents by
			 the applicant, in writing under oath, on forms prescribed and supplied by the
			 Board. If an application is not completed within the six months following the
			 Board's notice to the applicant, the application will be void.
(c) No applicant will be issued an internship
			 license until that applicant has completed the residence phase of a polygraph
			 school approved by the Board.
(d)
			 At the time the Board issues an internship license, the Board will appoint for
			 each intern a sponsor who holds a regular Alabama Polygraph Examiner's License,
			 or is otherwise determined to be qualified by the Board. In no event will a
			 member of the Board serve as a sponsor for an intern.
(e) It is the responsibility of each intern
			 to contact his sponsor and to establish a schedule of meetings with his
			 sponsor. An intern must meet with his sponsor no fewer than five times in each
			 sixty day reporting period.
(f) It
			 is the responsibility and duty of each sponsor of an intern to monitor the
			 performance of the intern whom the sponsor supervises, to evaluate and critique
			 the performance of that intern, and to supply any advice and assistance
			 necessary to aid the intern in satisfying the purpose and goal of the
			 internship program.
(g) It is the
			 responsibility and duty of each sponsor of an intern to submit to the Board at
			 least every sixty days a report outlining the progress of the intern under
			 supervision during that period, on a form to be prescribed by the
			 Board.
(h) During the internship
			 period, the intern must complete such additional courses or programs as
			 required by the intern's polygraph school and as the Board may
			 require.
(i) During the internship
			 period, the intern must complete all other qualification requirements
			 prescribed by the Polygraph Examiners Act or by the Board.
(j) Pursuant to
Code of Ala.
			 1975
, §
								34-25-25(b), for good cause shown, the Board may
			 renew or extend an internship license for a period not to exceed six
			 months.
(k) At or near the
			 completion of the internship period, the intern will be required to comply with
			 the requirements of Rule 740-X-3-.05.
Author:
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-4 - INTERNSHIPS › Section 740-X-4-.02 - Governmental Interns

Current through Register Vol. 42, No. 9, June 28, 2024
During his internship, a governmental examiner who has obtained a sufficient bond, furnished proof of such bond to the Board as required by Rule 740-X-3-.14, and paid the necessary fees may conduct commercial examinations.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-5 - EXAMINATIONS › Section 740-X-5-.01 - Proper Purpose Of Polygraph Examinations

Current through Register Vol. 42, No. 9, June 28, 2024
The sole proper purpose of polygraph examinations is to detect deception or verify the truth of statements. The availability of polygraph examinations as a means of detecting deception may well have a beneficial effect on the behavior of individuals who are aware that they may be asked to take polygraph examinations concerning their behavior. However, it is improper to use polygraph examinations as a scare tactic. Any practice or policy which is structured to influence or which seeks to affect the future conduct of examinees more than it seeks to detect deception or verify the truth of the examinees' statements concerning past behavior is improper.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-5 - EXAMINATIONS › Section 740-X-5-.02 - Polygraph Examinations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) A polygraph examination consists of:
(a) A pre-test interview,
(b) Chart examination, and
(c) A post-test interview.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-5 - EXAMINATIONS › Section 740-X-5-.03 - Incompetency Defined

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to the authority and responsibility vested in it by the Alabama Polygraph Examiners Act, and pursuant to the provisions of §§
								34-25-5(a), 34-25-32(4)(6) of that act, the Board defines incompetency to include, but not be limited to, violation of any of the following minimum standards of competency:
(a) No examiner will use equipment which does not meet all the minimum requirements prescribed in §
								34-25-3 of the act.
(b) No examiner will ask a question during a polygraph examination without first reviewing that question with the examinee.
(c) No examiner will ask a question during a polygraph examination without waiting not less than ten seconds between the end of the preceding answer by the examinee and the beginning of the next question by the examiner.
(d) No examiner will rely upon a polygraph chart which contains less than seven questions.
(e) No examiner will render a verbal or written conclusion or opinion based, in whole or in part, on polygraph chart analysis of any question without having asked that question at least two times.
(f) No examiner will perform more than six polygraph examinations in any one calendar day.
(g) No examiner will produce a polygraph chart which is not adequately marked by the examiner to identify at a minimum each of the following: the individual being tested, the date of the examination, the time of the chart, the chart and test number, and the examiner's initials. Where charts are produced from instruments which contain electronically enhanced components, an examiner will mark such charts to show the sensitivity level at the beginning of the chart and at any point where the sensitivity level is changed.
(h) No examiner will render a verbal or written conclusion or opinion based upon a polygraph examination performed on an examinee whom the examiner knows or has reason to believe is physically or mentally unfit.
(i) No examiner will report information as factual which the examiner obtained through any means other than personally conducting an interview of the individual being tested, provided, that an examiner is not precluded from rendering a professional opinion based on chart analysis even absent substantive admissions by the individual being tested.
(j) No examiner will conduct a pre-test interview in any manner other than personally and an examiner must conduct each pre-test interview, in its entirety, personally.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-5 - EXAMINATIONS › Section 740-X-5-.04 - Unworthiness Defined

Current through Register Vol. 42, No. 9, June 28, 2024
Pursuant to the authority and responsibility vested in it by the Alabama Polygraph Examiners Act, and pursuant to the provisions of §
								34-25-5(a), 34-25-32(4)(6) of the act, the Board defines unworthiness to include, but not be limited to, violation of any of the following minimum standards of worthiness:
(a) No examiner will knowingly issue a polygraph examination report or render a verbal written conclusion or opinion which is misleading, biased or falsified in any way. Each polygraph report will be a factual, impartial, and objective account of the pertinent information developed during the examination, and the examiner's professional opinion based on analysis of the polygraph charts.
(b) No examiner will conclude a polygraph examination session without affording the examinee a reasonable opportunity to explain any reactions to pertinent questions which are evident on the charts.
(c) No examiner will solicit or attempt to solicit other business as a result of information or statements obtained from an examinee.
(d) No examiner will ask questions that either are or can reasonably be construed to be sexually oriented, unless the questions are relevant to the legitimate purpose of the examination, and unless the examiner explains the questions and their relevancy to the examinee before asking the question.
(e) No examiner will fail to permit an inspection authorized pursuant to Rule 740-X-6-.03.
(f) No examiner will fail to cooperate with the Board or any officer or agent thereof in any Board-authorized investigation conducted pursuant to Rule 740-X-6-.02.
(g) No examiner will conduct a polygraph examination which has as its primary purpose influencing the future conduct of an examinee rather than detecting deception or veracity on the part of the examinee.
(h) No examiner will fail to immediately notify the Board of the cancellation or discontinuance of his surety bond as required by Rule 740-X-3-.15.
(i) No examiner will conduct a polygraph examination unless a surety bond, as required by Rule 740-X-3-.14, is in effect.
(j) No examiner will conduct himself in a manner which reflects that he is a person of dishonesty or untruthfulness, or that he lacks integrity or is morally unfit.
(k) No examiner will violate any provision of any rule of these rules and regulations.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-6 - COMPLAINTS › Section 740-X-6-.01 - Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The Board will take action on complaints which are submitted to it on forms prescribed and supplied by the Board in order to determine if there is reason to believe that the act or these regulations have been violated.
(2) The form for complaints to the Board is as follows:
FORMAL COMPLAINT
and
AFFIDAVIT
Concerning:________________________
(Name of Examiner Complained against)
To the Secretary and the Board:
I hereby formally complain about the above-named polygraph examiner.
I realize that this complaint may result in formal Board action against this examiner. I agree to cooperate in any resulting investigation and to appear, if requested, to testify in person under oath concerning this matter.
The factual details and specifications of the complaint are contained in the attached affidavit and are incorporated herein by reference.
________________________________
Signature of Complainant
STATE OF ________________) CONCERNING POLYGRAPH
)
COUNTY OF _______________) EXAMINER:_____________________
AFFIDAVIT OF COMPLAINT
Before me, the undersigned Notary Public, appeared
______________________________________________________________
who, after being duly sworn, deposes and says as follows:
_______________________________
Affiant
Sworn to and subscribed before me this _____ day of _______, 199 __.
______________________________
Notary Public
My Commission expires _________
(3) Board complaint forms may be obtained at the Board office by writing the Board, or from individual Board members.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-6 - COMPLAINTS › Section 740-X-6-.02 - Proceedings On Complaints

Current through Register Vol. 42, No. 9, June 28, 2024
(2) The Board has
			 authorized establishment of a complaint committee. The committee will include
			 the administrative secretary, the board's legal consultant and the board member
			 from the complainant's geographical area.
(1) Upon receiving a complaint, the Board
			 may:
(a) Make a further investigation of the
			 matters referred to in the complaint;
(b) Request that all of the parties concerned
			 appear at an informal hearing on the complaint; or
(c) Begin proceedings to suspend or revoke a
			 polygraph examiner's license as provided by law.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-6 - COMPLAINTS › Section 740-X-6-.03 - Inspection Of Records And Documents By The Board

Current through Register Vol. 42, No. 9, June 28, 2024
The Board may authorize an inspection of all opinions, reports, charts, question lists and other records relating to any polygraph examination performed in the State of Alabama. Such inspection shall be for the purpose of determining if there has been any violation of the provisions of these regulations. The Board may direct that the inspection take place at the location of the records or at a Board meeting.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-6 - COMPLAINTS › Section 740-X-6-.04 - Preservation Of Records And Documents

Current through Register Vol. 42, No. 9, June 28, 2024
All examiners will preserve and keep on file for a minimum of two years after each polygraph examination all opinions, reports, charts, question lists, and other records relating to the polygraph examination. These records and documents, along with any others that are preserved, shall be subject to inspection and examination by the Board as provided in Rule 740-X-6-.03.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-6 - COMPLAINTS › Section 740-X-6-.05 - Records In Board Possession

Current through Register Vol. 42, No. 9, June 28, 2024
No Board record or records obtained from examiners will be removed from the Board office unless signed for by the person receiving such records.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 740 - ALABAMA BOARD OF POLYGRAPH EXAMINERS › Chapter 740-X-7 - APPLICABILITY › Section 740-X-7-.01 - Applicability Of These Rules And Regulations

Current through Register Vol. 42, No. 9, June 28, 2024
(1) On their effective date, these rules and regulations shall supersede and replace the rules and regulations previously adopted by the Board, and these rules and regulations will remain in effect until superseded, replaced, or amended by future rules and regulations.
(2) Conduct and action occurring before the effective date of these rules and regulations shall be governed by the rules and regulations which were in effect at the time of the conduct and action occurred.
(3) These rules and regulations shall apply to and govern all conduct and action occurring after their effective date.
Author:
Polygraph Examiners Board
Statutory Authority:
Code of Ala. 1975
, §§
										34-25-5(a), 41-22-4.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-1 - PURPOSE › Section 741-X-1-.01 - Purpose

Current through Register Vol. 42, No. 9, June 28, 2024
(1) As stated in
			 Act 2013-306, the law for the regulation of the profession of private
			 investigation and the establishment of the Alabama Private Investigation Board
			 (APIB), the purpose of this law and the APIB is to provide for the membership,
			 terms, filling of vacancies, powers, including disciplinary powers, and duties
			 of the Board; to provide for the application for and licensure of private
			 investigators; to establish the Alabama Private Investigation Board Fund within
			 the State Treasury and to provide for an appropriation from the fund to the
			 Board; and to provide penalties.
(2) Private investigator services in Alabama
			 affects the public health, safety, and welfare of the citizens of Alabama. It,
			 therefore, should be subject to regulation and control, in the public interest
			 to protect the citizenry against unauthorized and unqualified private
			 investigation services and from unprofessional or unethical conduct by persons
			 licensed to provide private investigation services.
Author:
The Alabama Private Investigation
				  Board
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-25B-1 through
				  34-25B-29.
Alabama Administrative Code › Title 741 - ALABAMA PRIVATE INVESTIGATION BOARD › Chapter 741-X-2 - DEFINITIONS › Section 741-X-2-.01 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
(1)
Board
- The Alabama Private Investigation
			 Board.
(2)
APIA
- The Alabama Private Investigators
			 Association.
(3)
Applicant
- any individual seeking licensure by the
			 Board who has submitted an official application and paid the application
			 fee.
(4)
Biennial
- every two (2) years.
(5)
Felony
- A
			 criminal offense that is defined and punishable under the laws of this state,
			 or an offense committed outside the State of Alabama, which if committed in
			 this state, would constitute a felony under Alabama law; a crime in any other
			 state or a crime against the United States which is designated as a felony; or
			 an offense in any other state, territory, or country punishable by imprisonment
			 for a term exceeding one year.
(6)
Licensed Private Investigator (LPI)
- a person
			 licensed by the Board to provide private investigation services.
(7)
Private
			 Investigation
- The compensated act of any individual or company
			 engaging in the business of obtaining or furnishing information with reference
			 to any of the following:
(a) A crime committed
			 or threatened against the United States or any state or territory of the United
			 States.
(b) The identity, habits,
			 conduct, business, occupation, honesty, integrity, credibility, including, but
			 not limited to, the credibility of a person giving testimony in a criminal or
			 civil proceeding, knowledge, trustworthiness, efficiency, loyalty, activity,
			 movement, whereabouts, affiliations, associations, transactions, acts,
			 reputations, or character of any person.
(c) The location, disposition, or recovery of
			 lost or stolen property.
(d) The
			 cause or responsibility for fires, losses, accidents, damages, or injuries to
			 persons or to property.