reglab/statecodes huggingface dataset:
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC120-11-80 - Appointment of negotiated rulemaking panel

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency may appoint a negotiated
				  rulemaking panel (NRP) if a regulatory action is expected to be
				  controversial.
B. An NRP that has
				  been appointed by the agency may be dissolved by the agency when:
1. There is no longer controversy associated
				  with the development of the regulation;
2. The agency determines that the regulatory
				  action is either exempt or excluded from the requirements of the Administrative
				  Process Act; or
3. The agency
				  determines that resolution of a controversy is unlikely.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC120-11-90 - Meetings

Current through Register Vol. 40, No. 24, July 15, 2024
Notice of any open meeting, including meetings of a RAP or
					 NRP, shall be posted on the Virginia Regulatory Town Hall and Commonwealth
					 Calendar at least seven working days prior to the date of the meeting. The
					 exception to this requirement is any meeting held in accordance with §
					 2.2-3707D of the Code of Virginia allowing for contemporaneous notice to be
					 provided to participants and the public.
Statutory Authority
§§ 2.2-4007.02 and 54.1-201, 54.1-831 and
						54.1-1802 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC120-11-100 - Public hearings on regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall indicate in its notice of
				  intended regulatory action whether it plans to hold a public hearing following
				  the publication of the proposed stage of the regulatory action.
B. The agency may conduct one or more public
				  hearings during the comment period following the publication of a proposed
				  regulatory action.
C. An agency is
				  required to hold a public hearing following the publication of the proposed
				  regulatory action when:
1. The agency's basic
				  law requires the agency to hold a public hearing;
2. The Governor directs the agency to hold a
				  public hearing; or
3. The agency
				  receives requests for a public hearing from at least 25 persons during the
				  public comment period following the publication of the notice of intended
				  regulatory action.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 11 - PUBLIC PARTICIPATION GUIDELINES › Part III - Public Participation Procedures › Section 18VAC120-11-110 - Periodic review of regulations

Current through Register Vol. 40, No. 24, July 15, 2024
A. The agency shall conduct a periodic review
				  of its regulations consistent with:
1. An
				  executive order issued by the Governor pursuant to § 2.2-4017 of the
				  Administrative Process Act to receive comment on all existing regulations as to
				  their effectiveness, efficiency, necessity, clarity, and cost of compliance;
				  and
2. The requirements in §
				  2.2-4007.1 of the Administrative Process Act regarding regulatory flexibility
				  for small businesses.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part I - Definitions › Section 18VAC120-30-10 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings unless the context clearly indicates
					 otherwise:
"Advisory board" or "board" means the Polygraph Examiner's
					 Advisory Board.
"Polygraph examination" means the entire period of contact
					 between a licensee and an examiner.
"Polygraph test" means the part of the polygraph
					 examination during which the examinee is connected to a polygraph instrument
					 which is continuously recording the examinee's reactions to questions.
"Reciprocity" means any individual holding a current
					 license in another jurisdiction may obtain a Virginia polygraph examiners
					 license provided the requirements and standards under which the license was
					 issued are substantially equivalent to those established in this chapter and
					 the individual meets all other board requirements for licensure in
					 Virginia.
"Reinstatement" means having a license restored to
					 effectiveness after the expiration date on the license has passed. When a
					 licensee fails to renew his license within one calendar month after its
					 expiration date, the licensee is required to apply for reinstatement of the
					 license. Six months after the expiration date on the license, reinstatement is
					 no longer possible and the applicant must reapply and requalify for
					 licensure.
"Relevant question" means a question asked of an examinee
					 during a polygraph test which concerns an issue identified to the examinee
					 during the pretest and which is to be reported by the licensee to any other
					 person.
"Renewal" means continuing the effectiveness of a license
					 for another period of time.
Statutory Authority
§ 54.1-1802 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part I - Definitions › Section 18VAC120-30-20 - Explanation of terms

Current through Register Vol. 40, No. 24, July 15, 2024
Each reference in this chapter to a person shall be deemed
					 to refer, as appropriate, to the masculine and the feminine, to the singular
					 and the plural, and to natural persons and organizations.
Statutory Authority
§§ 54.1-113 and 54.1-1802 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part I - Definitions › Section 18VAC120-30-30 - Advisory board

Current through Register Vol. 40, No. 24, July 15, 2024
A. The Polygraph
				  Examiners Advisory Board, consisting of eight members appointed by the
				  director, shall exercise the authority delegated by the director consistent
				  with § 2.2-2100A of the Code of Virginia and advise the department on any
				  matters relating to the practice of polygraphy and the licensure of polygraph
				  examiners in the Commonwealth of Virginia.
B. The advisory board shall be composed of
				  three Virginia licensed polygraph examiners employed by law enforcement
				  agencies of the Commonwealth, or any of its political subdivisions; three
				  Virginia licensed polygraph examiners employed in private industry; and two
				  citizen members as defined in §§ 54.1-107 and 54.1-200 of the Code of
				  Virginia. All members must be residents of the Commonwealth of
				  Virginia.
C. Each member shall
				  serve a four-year term. No member shall serve more than two consecutive
				  four-year terms.
Statutory Authority
§ 54.1-1802 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part II - Entry Requirements › Section 18VAC120-30-40 - Basic qualifications for licensure and registration

Current through Register Vol. 40, No. 24, July 15, 2024
A. Every applicant to the board for a license
				  shall provide information on his application establishing that:
1. The applicant is at least 18 years
				  old.
2. The applicant is in good
				  standing as a licensed polygraph examiner in every jurisdiction where licensed.
				  The applicant must disclose if he has had a license as a polygraph examiner
				  which was suspended, revoked, or surrendered in connection with a disciplinary
				  action or which has been the subject of discipline in any jurisdiction prior to
				  applying for licensure in Virginia. At the time of application for licensure,
				  the applicant must also disclose any disciplinary action taken in another
				  jurisdiction in connection with the applicant's practice as a polygraph
				  examiner and whether he has been previously licensed in Virginia as a polygraph
				  examiner.
3. The applicant is fit
				  and suited to engage in the profession of polygraphy. The applicant must
				  disclose if he has been convicted in any jurisdiction of a felony or
				  misdemeanor involving lying, cheating, stealing, sexual offense, non-marijuana
				  drug distribution, physical injury, or relating to the practice of the
				  profession. Any plea of nolo contendere shall be considered a conviction for
				  purposes of this subdivision. The record of a conviction authenticated in such
				  form as to be admissible in the evidence under the laws of the jurisdiction
				  where convicted shall be admissible as prima facie evidence of such
				  conviction.
4. The applicant has
				  disclosed the applicant's physical address. A post office box is not
				  acceptable.
5. The nonresident
				  applicant for a license has filed and maintained with the department an
				  irrevocable consent for the department to serve as a service agent for all
				  actions filed in any court in this Commonwealth.
6. The applicant has signed, as part of the
				  application, a statement certifying that the applicant has read and understands
				  the Virginia polygraph examiner's license law and regulations.
7. The applicant has submitted an
				  application, provided by the department, which shall include criminal history
				  record information from the Central Criminal Records Exchange, with a report
				  date within 30 days of the date the application is received by the
				  department.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part II - Entry Requirements › Section 18VAC120-30-50 - Registration of polygraph examiner interns

Current through Register Vol. 40, No. 24, July 15, 2024
A. A polygraph examiner intern registration
				  shall be issued to applicants who fulfill the requirements of
				  18VAC120-30-40 and the following:
1. The applicant has met the experience
				  requirements by having a high school diploma or its equivalent and a minimum of
				  five years experience as an investigator or detective, or in a field acceptable
				  to the department that demonstrates the ability to practice polygraphy.
a. The applicant will be credited two years
				  of the five years of experience required in subdivision 1 of this subsection if
				  he has an associate degree from an accredited college or university.
b. The applicant will be credited all five
				  years of experience required in subdivision 1 of this subsection if he has a
				  bachelor's degree from an accredited college or university.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part II - Entry Requirements › Section 18VAC120-30-55 - Qualifications for licensure by examination

Current through Register Vol. 40, No. 24, July 15, 2024
A. A polygraph examiner license shall be
				  issued to applicants who fulfill the requirements of
				  18VAC120-30-40,
				  18VAC120-30-50, and subsections B
				  and C of this section:
B. The
				  applicant shall have completed six months as a registered intern examiner under
				  the personal and direct on-premise supervision of an examiner qualified under
				  18VAC120-30-60 who shall supervise
				  each and every polygraph examination administered by the intern. The internship
				  need not be accomplished in Virginia. However, any internship conducted outside
				  of Virginia must comply fully with this regulation. An intern shall not be
				  eligible to sit for the license examination until the intern's supervisor has
				  submitted to the department a written statement that the internship has been
				  satisfactorily completed. The department may waive the internship for any
				  person who practiced polygraphy in a federal jurisdiction or the United States
				  Military.
C. Upon submission of the
				  completed application and fee, the applicant will be considered for the
				  examination required by
				  18VAC120-30-110. Upon passing such
				  examination, the applicant shall be granted his polygraph examiners license
				  provided the applicant is otherwise qualified.
Statutory Authority
§ 54.1-1802 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part II - Entry Requirements › Section 18VAC120-30-60 - Qualifications for licensed polygraph examiners to act as supervisors of polygraph interns

Current through Register Vol. 40, No. 24, July 15, 2024
Each supervisor for a registered intern examiner shall be
					 currently licensed and have held a valid Virginia examiner's license for three
					 years or submit evidence satisfactory to the department that he has
					 qualifications that are substantially equivalent to those required
					 herein.
Statutory Authority
§§ 54.1-113 and 54.1-1802 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part II - Entry Requirements › Section 18VAC120-30-70 - Procedures for licensed polygraph examiners to certify the procedures to be used to supervise an intern during an internship

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each licensee
				  supervising an intern shall file with the application of the intern a
				  description of the following:
1. The frequency
				  and duration of contact between the licensee and the intern; and
2. The procedures to be employed by the
				  licensee in reviewing and evaluating the intern's performance; and
3. The polygraph technique(s) to be
				  used.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part II - Entry Requirements › Section 18VAC120-30-80 - Qualifications for licensure by reciprocity

Current through Register Vol. 40, No. 24, July 15, 2024
An individual who is currently licensed as a polygraph
					 examiner in another jurisdiction may obtain a Virginia license provided the
					 requirements and standards under which the license was issued are substantially
					 equivalent to those in Virginia.
An individual applying for licensure by reciprocity shall
					 have been a licensed examiner engaged in the practice of polygraphy for at
					 least 12 consecutive months prior to application.
Statutory Authority
§§ 54.1-113 and 54.1-1802 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part II - Entry Requirements › Section 18VAC120-30-100 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. All application
				  fees for licenses and registrations are nonrefundable and shall not be
				  prorated. The date of receipt by the department is the date that will be used
				  to determine whether or not the fee is on time.
B. Application and examination fees must be
				  submitted with the application for licensure. All other fees are discussed in
				  greater detail in later sections of this chapter.
C. In the event that a check, money draft, or
				  similar instrument for payment of a fee required by statute or regulation is
				  not honored by the bank or financial institution named, the applicant or
				  regulant shall be required to remit fees sufficient to cover the original fee,
				  plus an additional processing charge set by the department.
D.
1. The
				  following fees listed in the table apply:
FEE TYPE
AMOUNT DUE
WHEN DUE
Application for Examiner's License
$90
With application
Application for Examiner's License by
								Reciprocity
$190
With application
Application for Intern Registration
$75
With application
Application for Examiner's License by
								Examination
$200
With application
Reexamination
$200
With approval letter
Renewal
$110
Up to the expiration date on the license
Reinstatement
$150
From the expiration date to 24 calendar months
								after the expiration date on license
2.
				  For renewal fees received on or before June 30, 2024, the fee shall be
				  $40.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part II - Entry Requirements › Section 18VAC120-30-110 - Examinations

Current through Register Vol. 40, No. 24, July 15, 2024
All examinations required for licensure shall be approved
					 by the advisory board and provided by the department, a testing service acting
					 on behalf of the advisory board, or another governmental agency or
					 organization.
Applicants for licensure shall pass a two-part licensing
					 examination approved by the board, of which Part I is a written examination and
					 Part II is an Advisory Board Evaluation. Applicants must pass the written
					 examination in order to sit for the advisory board evaluation .
The applicant shall follow all the rules established by the
					 department with regard to conduct at the examination. Such rules shall include
					 any written instructions communicated prior to the examination date and any
					 instructions communicated at the site, either written or oral, on the date of
					 the examination. Failure to comply with all rules established by the department
					 with regard to conduct at the examination shall be grounds for denial of
					 application.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part III - Renewal › Section 18VAC120-30-120 - Renewal required

Current through Register Vol. 40, No. 24, July 15, 2024
Licenses issued under this chapter shall expire 24 months
					 from the last day of the month in which the license was issued, as indicated on
					 the license.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part III - Renewal › Section 18VAC120-30-130 - Procedures for renewal

Current through Register Vol. 40, No. 24, July 15, 2024
The department will mail a renewal application form to the
					 licensee at the last known address of department record. Failure to receive
					 this notice shall not relieve the licensee of the obligation to renew. Prior to
					 the expiration date shown on the license, each licensee desiring to renew his
					 license must return to the department all required forms and the appropriate
					 fee as referenced in
					 18VAC120-30-100.
					 Any licensee who fails to submit the renewal payment on or prior to the
					 expiration date shall be required to apply for reinstatement.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part III - Renewal › Section 18VAC120-30-140

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part III - Renewal › Section 18VAC120-30-150

Current through Register Vol. 40, No. 24, July 15, 2024
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part III - Renewal › Section 18VAC120-30-160 - Qualifications for renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants for renewal of a license shall continue to meet the standards for
				  entry as set forth in subdivisions A 2 through A 5 of
				  18VAC120-30-40.
B. The department may deny renewal of a
				  license for the same reasons as it may refuse initial licensure or discipline a
				  licensee. The licensee has a right to appeal any such action by the department
				  under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the
				  Code of Virginia).
C. Failure to
				  timely pay any monetary penalty, reimbursement of cost, or other fee assessed
				  by consent order or final order shall result in delaying or withholding
				  services provided by the department, such as renewal, reinstatement, or
				  processing of a new application; or exam administration.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part IV - Reinstatement › Section 18VAC120-30-170 - Reinstatement required

Current through Register Vol. 40, No. 24, July 15, 2024
A. Any
				  licensee who fails to renew his license on or prior to the expiration date on
				  the license shall be required to apply for reinstatement and submit the proper
				  fee referenced in
				  18VAC120-30-100.
B. Twenty-four calendar months after the
				  expiration date on the license, reinstatement is no longer possible. To resume
				  practice as a polygraph examiner, the former licensee must apply as a new
				  applicant for licensure, meeting all then current entry requirements at the
				  time of reapplication, including retaking an examination.
C. Any examiner activity conducted subsequent
				  to the expiration of the license may constitute unlicensed activity and may be
				  subject to prosecution under § 54.1-111 of the Code of Virginia.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part IV - Reinstatement › Section 18VAC120-30-180 - Qualifications for reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants for reinstatement of a license shall continue to meet the standards
				  for entry as set forth in subdivisions A 2 through A 5 of
				  18VAC120-30-40.
B. The department may deny reinstatement of a
				  license for the same reasons as it may refuse initial licensure or discipline a
				  licensee. The licensee has a right to appeal any such action by the department
				  under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the
				  Code of Virginia).
C. Failure to
				  timely pay any monetary penalty, reimbursement of cost, or other fee assessed
				  by consent order or final order shall result in delaying or withholding
				  services provided by the department, such as renewal, reinstatement, processing
				  of a new application, or examination administration.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part IV - Reinstatement › Section 18VAC120-30-190 - Status of a license during the period before reinstatement

Current through Register Vol. 40, No. 24, July 15, 2024
A. When a license
				  is reinstated, the licensee shall continue to have the same license number and
				  shall be assigned an expiration date two years from the previous expiration
				  date of the license.
B. A licensee
				  who reinstates his license shall be regarded as having been continually
				  licensed without interruption. Therefore, the licensee shall remain under the
				  disciplinary authority of the department during this entire period. Nothing in
				  this chapter shall divest the department of its authority to discipline a
				  licensee for a violation of the law or regulations during the period of
				  licensure.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part V - Standards of Practice and Conduct › Section 18VAC120-30-200 - Polygraph examination procedures

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each licensed
				  polygraph examiner and registered polygraph examiner intern must post, in a
				  conspicuous place for the examinee, his license or registration, or a legible
				  copy of his license or registration to practice in Virginia.
B. The examiner shall provide the examinee
				  with a written explanation of the provisions of
				  18VAC120-30-200,
				  18VAC120-30-210 and
				  18VAC120-30-220 at the beginning
				  of each polygraph examination.
C.
				  The examinee may request a recording of the polygraph examination being
				  administered. Each examiner shall maintain recording equipment and recording
				  media adequate for such recording. The examiner shall safeguard all examination
				  recordings with the records he is required to keep pursuant to
				  18VAC120-30-230. All recordings
				  shall be made available to the department, the examinee or the examinee's
				  attorney upon request. The examiner may charge the examinee a fee not to exceed
				  $35 only if the examinee requests and receives a copy of an examination
				  .
D. The examinee shall be entitled
				  to a copy of all portions of any written report pertaining to his examination
				  which is prepared by the examiner and provided to any person or organization.
				  The examinee shall make his request in writing to the examiner. The examiner
				  shall comply within 10 business days of providing the written report to any
				  person or organization or receiving the examinee's written request, whichever
				  occurs later. The examiner may collect not more than $1.00 per page from the
				  examinee for any copy provided.
E.
				  The provisions of subsections B, C, and D of this section shall not be
				  applicable to any examination conducted by or on behalf of the Commonwealth or
				  any of its political subdivisions when the examination is for the purpose of
				  preventing or detecting crime or the enforcement of penal laws. However,
				  examiners administering examinations as described in this section shall comply
				  with subsection B of this section through a verbal explanation of the
				  provisions of
				  18VAC120-30-210 and
				  18VAC120-30-220.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part V - Standards of Practice and Conduct › Section 18VAC120-30-210 - Examination pretest procedure

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Prior to administering any polygraph test, the examiner shall inform the
				  prospective examinee of all the issues to be covered during the polygraph
				  examination and of all the items to be reported by the examiner to any other
				  person.
B. The examiner shall
				  obtain written permission from the prospective examinee to administer the
				  examination after fulfilling the requirements of
				  18VAC120-30-200, and before
				  proceeding further with the administration of the examination.
Statutory Authority
§§ 54.1-113 and 54.1-1802 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part V - Standards of Practice and Conduct › Section 18VAC120-30-220 - Examination standards of practice

Current through Register Vol. 40, No. 24, July 15, 2024
A. The examiner
				  shall comply with the following standards of practice and shall disclose to
				  each examinee the provisions of this subsection and shall not proceed to
				  examine or continue the examination if it is or becomes apparent to the
				  examiner that the examinee does not understand any of these disclosures:
1. All questions to be asked during the
				  polygraph test(s) shall be reduced to writing and read to the
				  examinee.
2. The examinee or the
				  examiner may terminate the examination at any time.
3. If the examination is within the scope of
				  § 40.1-51.4:3 of the Code of Virginia, the examiner shall explain the
				  provisions of that statute to the examinee.
4. No questions shall be asked concerning any
				  examinee's lawful religious affiliations, lawful political affiliations, or
				  lawful labor activities. This provision shall not apply to any such affiliation
				  which is inconsistent with the oath of office for public law-enforcement
				  officers.
5. The examinee shall be
				  provided the full name of the examiner and the name, address, and telephone
				  number of the department.
6. During
				  no part of a preemployment polygraph examination shall the examiner ask
				  questions concerning an examinee's sexual preferences or sexual activities
				  except as in accordance with § 40.1-51.4:3 or 54.1-1806 of the Code of
				  Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part V - Standards of Practice and Conduct › Section 18VAC120-30-230 - Records

Current through Register Vol. 40, No. 24, July 15, 2024
The licensed polygraph examiner or registered polygraph
					 examiner intern shall maintain the following for at least one year from the
					 date of each polygraph examination:
1.
				  Polygraphic charts;
2. Questions
				  asked during the examination;
3. A
				  copy of the results and the conclusions drawn;
4. A copy of every written report provided in
				  connection with the examination; and
5. Electronic recordings of examinations made
				  in compliance with subsection C of
				  18VAC120-30-200.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part V - Standards of Practice and Conduct › Section 18VAC120-30-250 - Maintenance of license

Current through Register Vol. 40, No. 24, July 15, 2024
A. Notice
				  in writing shall be given to the department in the event of any change of name
				  or address. Such notice shall be mailed to the department within 30 days of the
				  change of the name or location. The department shall not be responsible for the
				  licensee's or registrant's failure to receive notices, communications and
				  correspondence caused by the licensee's or registrant's failure to promptly
				  notify the department in writing of any change of name or address.
B. All licensees or registrants shall operate
				  under the name in which the license or registration was issued.
Statutory Authority
§ 54.1-1802 of the Code of Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part VI - Approval of Polygraphy School › Section 18VAC120-30-260 - Approval of polygraph school curriculum

Current through Register Vol. 40, No. 24, July 15, 2024
Schools seeking approval of their polygraph curriculum
					 shall submit the application for approval of a polygraph school to the
					 department for consideration. The application shall include:
1. The name and address of the
				  school;
2. The name and address of
				  the proprietor, partnership, corporation or association if different from the
				  school name;
3. The owners of the
				  school;
4. The names and
				  qualifications of the instructors which shall be indicated on instructor
				  qualifications form; and in a format approved by the advisory board;
5. The subject courses and the number of
				  instruction hours assigned to each.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part VI - Approval of Polygraphy School › Section 18VAC120-30-270 - Minimum requirements for school curriculum

Current through Register Vol. 40, No. 24, July 15, 2024
A. There must be
				  one type of polygraph instrument per three students in the course.
B. To receive approval, the institution must
				  offer a minimum of 240 hours of instruction, unless the school has obtained
				  approval from the department for less than the minimum hours of course
				  instruction. The following subject areas must be included in the school's
				  curriculum:
1. Polygraph theory;
2. Examination techniques and question
				  formulation;
3. Polygraph
				  interrogation;
4. Case
				  observation;
5. Polygraph case
				  practice;
6. Chart
				  interpretation;
7. Legal aspects of
				  polygraph examination;
8.
				  Physiological aspects of polygraphy;
9. Psychological aspects of
				  polygraphy;
10.
				  Instrumentation;
11. History of
				  polygraph;
12. Reviews and
				  examinations ;
13. Ethics as it
				  relates to polygraphy.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part VI - Approval of Polygraphy School › Section 18VAC120-30-280 - Instructor minimum requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Any person teaching the subjects required by this regulation shall meet the
				  following minimum requirements for the subjects to be taught:
1. Legal Aspects of Polygraph Examination.
				  The instructor must be licensed as an attorney in a state or jurisdiction of
				  the United States.
2. Polygraph
				  Interrogation. The instructor must have five years experience in the field of
				  interrogation.
3. Physiological
				  Aspects of Polygraphy. The instructor must have a degree in a health related
				  science with coursework in physiology from an accredited institution of higher
				  learning.
4. Psychological Aspects
				  of Polygraphy. The instructor must have a degree in psychology from an
				  accredited institution of higher learning.
5. All other courses shall be taught by
				  individuals having at least five years of experience as a polygraph
				  examiner.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part VI - Approval of Polygraphy School › Section 18VAC120-30-290 - Amendments and changes

Current through Register Vol. 40, No. 24, July 15, 2024
Any change in the information provided by the school to the
					 department as required by
					 18VAC120-30-260,
					 18VAC120-30-270 or
					 18VAC120-30-280 shall be reported
					 to the department in writing within 30 days of such an
					 occurrence.
Statutory Authority
§ 54.1-1802 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part VI - Approval of Polygraphy School › Section 18VAC120-30-300 - Periodic requalification for continued course approval

Current through Register Vol. 40, No. 24, July 15, 2024
At times established by the department, or during the
					 random audit of any course, the department may require that schools that have
					 previously obtained course approval, provide the department with evidence, in a
					 form set forth by the department, that they continue to comply with the
					 requirements of
					 18VAC120-30-260,
					 18VAC120-30-270 and
					 18VAC120-30-280. Failure to
					 continue to comply with the department's requirements or respond to such a
					 request may result in the department withdrawing its approval.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Part VI - Approval of Polygraphy School › Section 18VAC120-30-310 - Grounds for withdrawing approval from a school

Current through Register Vol. 40, No. 24, July 15, 2024
The department may withdraw approval from a school upon a
					 finding that:
1. An instructor of the
				  approved school fails to teach the curriculum as provided for in
				  18VAC120-30-270.
2. The owner, employee, or instructor of the
				  approved school permits or allows a person to teach in the school who does not
				  meet the requirements of
				  18VAC120-30-280.
3. The owner, employee, or teacher is guilty
				  of any dishonest conduct, including but not limited to fraud or deceit, in the
				  teaching of polygraphy or violates any of the provisions of
				  18VAC120-30-240.
Statutory Authority
§ 54.1-1802 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 30 - REGULATIONS GOVERNING POLYGRAPH EXAMINERS › Form - FORMS (18VAC120-30)

Current through Register Vol. 40, No. 24, July 15, 2024
Internship
				  Completion and License Exam Form, A456-16EXINT-v5 (rev. 10/13)
License/Intern
				  Registration Application, A456-16LIC-v3 (rev. 8/13)
Polygraph
				  School Curriculum Approval Application, A456-16SCHL-v3 (rev.
				  8/13)
Supervisor
				  Endorsement Form, A456-16SEND-v3 (rev. 8/13)
Commonwealth
				  of Virginia Polygraph Examiners License Examination, A543-16CIB-v10 (eff.
				  10/13)
Statutory Authority: § 54.1-1802.1 of the Code of
					 Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 40 - VIRGINIA PROFESSIONAL BOXING AND WRESTING EVENTS REGULATIONS › Part I - Scope › Section 18VAC120-40-10 - Scope

Current through Register Vol. 40, No. 24, July 15, 2024
This chapter contains procedures and requirements for the
					 licensure of individuals and firms to engage in the conduct of professional
					 boxing, martial arts, and wrestling events as provided for in Chapter 8.1
					 (§ 54.1-828 et seq.) of Title 54.1 of the Code of Virginia.
The director of the department is empowered to (i)
					 promulgate this chapter, (ii) issue licenses, (iii) investigate to determine
					 compliance with this chapter, and (iv) take disciplinary action, in accordance
					 with the Virginia Administrative Process Act, against those who fail to comply
					 with this chapter. Furthermore, to the extent applicable, this chapter shall be
					 construed in accordance with and governed by Virginia's Administrative Process
					 Act. The director is also empowered to contract with a vendor to perform
					 certain tasks on the director's behalf. These tasks include examining and
					 recommending licensure, investigating and ensuring that events are conducted in
					 compliance with statutes and regulations, performing clerical duties,
					 collecting fees, maintaining records, developing proposed regulations, and
					 recommending enforcement actions.
Statutory Authority: § 54.1-831 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 40 - VIRGINIA PROFESSIONAL BOXING AND WRESTING EVENTS REGULATIONS › Part I - Scope › Section 18VAC120-40-15 - Applicability

Current through Register Vol. 40, No. 24, July 15, 2024
Event licensing and conduct standards for boxing are set
					 forth in 18VAC120-40-85 and
					 18VAC120-40-230 through
					 18VAC120-40-410. Event licensing
					 and conduct standards for kick boxing and other similar contests, including
					 mixed martial arts, are set forth in
					 18VAC120-40-85 and
					 18VAC120-40-411 through
					 18VAC120-40-411.21.
Individuals participating in wrestling events are required
					 to be licensed as a wrestler. Requirements to obtain a wrestler license are set
					 forth in 18VAC120-40-70 and
					 18VAC120-40-90. Event licensing
					 and conduct standards for wrestling are set forth in
					 18VAC120-40-415 through
					 18VAC120-40-415.3.
Statutory Authority: § 54.1-831 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 40 - VIRGINIA PROFESSIONAL BOXING AND WRESTING EVENTS REGULATIONS › Part II - General Provisions › Section 18VAC120-40-40 - License expiration and renewal

Current through Register Vol. 40, No. 24, July 15, 2024
A. Except as set out in subsection B of this
				  section, each license, other than an event license or a limited boxer, martial
				  artist, or wrestler license, shall expire on December 31 of the year in which
				  the license was issued, except that licenses issued during the last 45 days of
				  any calendar year shall expire on December 31 of the following calendar
				  year.
B. Each license to conduct a
				  boxing, martial arts, or wrestling event issued to a licensed promoter shall be
				  valid only for the duration of the event described in the application for
				  licensure. Each limited license issued to a boxer, martial artist, or wrestler
				  shall be valid only for the duration of one specifically identified event or
				  two specifically identified events held on consecutive days at the same
				  location.
C. Prior to the
				  expiration date shown on the license, each licensee desiring to renew the
				  license shall cause the department or its contractor to receive a photocopy of
				  his license and the fee specified in
				  18VAC120-40-50.
D. The department may deny renewal of a
				  license for the same reasons as it may refuse initial licensure or discipline a
				  current licensee.
Statutory Authority: § 54.1-831 of the Code of
						Virginia.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 40 - VIRGINIA PROFESSIONAL BOXING AND WRESTING EVENTS REGULATIONS › Part II - General Provisions › Section 18VAC120-40-50 - Fees

Current through Register Vol. 40, No. 24, July 15, 2024
A. Each applicant
				  shall submit the following fee along with the application for licensure:
Boxer
$40
Boxer--limited
$30
Martial artist
$40
Martial artist--limited
$30
Wrestler
$40
Wrestler--limited
$30
Manager
$50
Promoter
$500
Trainer, second, and cut man
$40
Matchmaker
$50
B.
				  Each application for a boxing event license shall be accompanied by the
				  following fee:
1. Scheduled events of 42
				  rounds or fewer, with no more than one nontitle 10-round or 12-round
				  bout-$1,500.
2. Scheduled events
				  exceeding 42 rounds, with more than one nontitle 10-round or 12-round bout or
				  any event with a title bout-$2,000.
Virginia Administrative Code › Title 18 - PROFESSIONAL AND OCCUPATIONAL LICENSING › Agency 120 - DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION › Chapter 40 - VIRGINIA PROFESSIONAL BOXING AND WRESTING EVENTS REGULATIONS › Part II - General Provisions › Section 18VAC120-40-70 - Application requirements

Current through Register Vol. 40, No. 24, July 15, 2024
A.
				  Applicants shall apply on forms supplied by the department or its
				  contractor.
B. Individual
				  applicants shall be at least 18 years of age.
C. The applicant shall disclose the following
				  information about himself, in the case of an individual, or about the firm and
				  every member of the responsible management of the firm, in the case of a firm:
1. Any guilty finding by the department, or
				  by a court of any competent jurisdiction, of any material misrepresentation
				  while engaged in boxing, martial arts, wrestling, or other athletic activities,
				  or any conviction, guilty plea, or finding of guilty, regardless of
				  adjudication or deferred adjudication, of any felony or non-marijuana
				  misdemeanor;
2. Any disciplinary
				  action taken by the department or another jurisdiction in connection with the
				  applicant's participation in or promotion of professional athletic contests or
				  activities including monetary penalty, fine, suspension, revocation, or
				  surrender of a license in connection with a disciplinary action; and
3. Any currently or previously held boxing,
				  martial arts, or wrestling licenses issued by this Commonwealth or any other
				  jurisdiction.
Any plea of nolo contendere shall be considered a
					 conviction for the purposes of this subsection. A certified copy of a final
					 order, decree, or case decision by a court or regulatory agency with the lawful
					 authority to issue such order, decree, or case decision shall be admissible as
					 prima facie evidence of such conviction or discipline. Subject to the
					 provisions of §
												54.1-204
					 of the Code of Virginia, the department may deny an application for a license
					 if, in its judgment, the actions disclosed in subdivisions 1 and 2 of this
					 subsection would render the applicant unfit or unsuited to engage in boxing,
					 wrestling, or other athletic activities.