Kentucky Administrative Regulations › Title 502 - JUSTICE AND PUBLIC SAFETY CABINET - DEPARTMENT OF STATE POLICE › Chapter 20 - Polygraph › Section 502 KAR 20:010 - Examination standards

Current through Register Vol. 51, No. 1, July 1, 2024
RELATES TO: KRS 329.030
NECESSITY, FUNCTION, AND CONFORMITY: KRS 15A.160 and 329.030(5)
				provide that the Secretary of the Justice Cabinet may establish such rules and
				administrative regulations for examinations for detection of deception
				examiners. This administrative regulation establishes the standards for such
				examinations.
Section 1. Within the
			 forty-five (45) day period prior to the expiration of his original license, the
			 trainee must take and pass a written examination as prescribed by the cabinet.
			 If the trainee fails to pass the written examination, the cabinet, at the
			 request of the trainee and his supervisor, may allow the trainee to retake the
			 examination if the cabinet has received a sworn, notarized, written affidavit
			 from the trainee's supervisor that he has given the trainee the additional
			 training necessary, in his opinion, to assure the trainee can pass the
			 examination and at least thirty (30) days have elapsed since the date of the
			 trainee taking the last examination. If the trainee fails to pass the second
			 examination, the cabinet, upon being shown good cause, may extend the trainee's
			 license and intern program for a period of one (1) year.
Section 2. If a trainee license and intern
			 program are extended by the cabinet, the administrative regulations governing
			 the original intern training program will be followed except that the trainee
			 will be allowed to take the written examination only one (1) additional time,
			 and this must take place within the final thirty (30) day period prior to the
			 expiration of his second trainee license. If the trainee fails to pass the
			 written examination for the third time, his license shall be suspended and he
			 must wait for a period of one (1) year before again applying for such
			 license.
Section 3. The written
			 examination for a detection of deception examiner license shall consist of a
			 combination of essay, multiple choice and true-false questions. A score of
			 seventy (70) percent correct answers shall be considered passing. Examinations
			 will be given at a time and place designated by the cabinet. In addition to the
			 written examination, the cabinet may require each license applicant to
			 demonstrate his competence and proficiency by conducting a polygraph
			 examination under the supervision of a qualified observer(s) appointed by the
			 cabinet. Any applicant for an examiner's license who fails the examination may
			 retake the examination after a period of thirty (30), but not more than
			 forty-five (45), days have elapsed since the first examination. Any applicant
			 for an examiner's license who fails the second examination must wait at least
			 six (6) months before reapplying for a license. An applicant for an examiner's
			 license who presently holds a license as a trainee shall follow the rules and
			 administrative regulations established for such applicants.
Section 4. Suggested reference material from
			 which the necessary information to pass the examination may be obtained is
			 listed below. Other material is available from which such information may be
			 obtained, and the following list is not intended to be an exclusive list of
			 references.
(1) "Truth and Deception," by Reid
			 and Inbau;
(2) "Lie Detection and
			 Criminal Interrogation," by Inbau and Reid;
(3) "The Machinery of the Body," by Carlson,
			 Johnson and Cavert;
(4) "Abnormal
			 Psychology in the Life Cycle," by Allman and Jaffe;
(5) "Introduction to Psychology," by Hilgard,
			 Atkinson and Atkinson;
(6)
			 Polygraph instrument manuals;
(7)
			 "Outline of Physiology," by L. L. Langley;
(8) Kentucky Revised Statutes, Chapter 329
			 (Detection of Deception Examiners) and related administrative regulations;
			 and
(9) "Physiology of the Human
			 Body," by J. Robert McClintic.