Oklahoma Administrative Code › Title 560 - Polygraph Examiners Board › Chapter 10 - Licensure and Regulation of Polygraph Examiners › Section 560:10-1-4 - Conducting polygraph examinations

Current through Vol. 41, No. 20, July 1, 2024
(a) The examiner shall not conduct an examination when he has reason to believe the examination is intended to circumvent or defy the law.
(b) The examiner shall not knowingly issue, or permit an employee to issue, a polygraph examination report which is misleading, biased, or falsified in any way. Each report shall be factual, impartial, and an objective account of the pertinent information developed during the examination. The examiner's professional opinion shall be based solely upon an analysis of the polygraph charts.
(c) Based on chart analysis, the examiner shall not render a conclusive verbal or written opinion as to the deception of the examinee without having administered two (2) or more polygraph charts covering the same relevant issue, unless after the examinee has submitted to one (1) test he refuses to submit to additional tests. The fact of the examinee's refusal shall be noted in the verbal and/or written report of the examination. This shall not preclude the examiner from terminating an examination in progress at his own discretion when, in his opinion, the examinee has become physically or psychologically unfit or has become uncooperative to the point that it would be useless to continue the examination. If admissions or confessions relevant to the issue under examination occur prior to the completion of the examination, the examination may be construed as completed, and the admissions or confessions may be reported as being self-evident.
(d) The examiner shall not, unless professionally qualified to do so, include in any written report any statement purporting to be a medical, legal, or psychiatric opinion which would infringe upon areas under the cognizance of professionals in those fields. This shall not preclude the examiner from describing the appearance or behavior of the examinee, if this is pertinent to the examination, as long as the examiner refrains from offering any diagnosis which he is professionally unqualified to make.
(e) The examiner shall not offer testimony concerning the charts or opinions presented by another examiner, unless he is thoroughly familiar with the techniques and procedures used by the other examiner. This shall not prohibit an examiner from testifying concerning his independent examination of the same examinee.
(f) All instruments used in an examination must meet manufacturer's specifications.
(g) The examiner shall not inflate the cardiosphygmograph section during the exam, while on a subject, higher than 100 mm of mercury; nor, shall the cuff be inflated for a period of time that would cause the subject significant discomfort.
(h) A polygraph examiner shall not perform more than eight (8) polygraph examinations in any one calender day, at not less than one hour intervals.
(i) The examiner shall allow a minimum of fifteen (15) seconds after a question, before the start of the next question.
(j) A list of each question as asked during the examination, shall be made a part of the subject's permanent file. All polygraph charts shall be marked at the appropriate place indicating the question number, the beginning and end of each question, the point of answer, and the answer given.
(k) All physical movement of a subject noted by the examiner, such as coughing, clearing the throat, yawning, etc., and any manual movement of a component by the examiner, shall be noted and identified at the appropriate place on the polygraph chart.
(l) All polygraph charts are to be numbered and shall contain appropriate identification, including but not limited to, full name of the examinee, identification of the examiner, the date of the examination, beginning and ending cuff pressure on each chart, the beginning sensitivity on all components and any changes thereto, and exact time noted at the end of each chart.
(m) The examiner shall not conduct an examination on any person whom he believes, through observation or any other credible evidence, to be physically or psychologically unfit for such an examination at that time.
(n) No Board member shall be individually or personally liable for any action of the Board.
Amended at 15 Ok Reg 3660, eff 7-26-98