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 18VAC120-30-240 - Prohibited acts

Current through Register Vol. 40, No. 24, July 15, 2024
The department may fine, deny, suspend, or revoke any
					 license or registration, or deny or withdraw school approval upon a finding
					 that the applicant, licensee, registrant, or school:
1. Has presented false or fraudulent
				  information when applying for any license or registration, renewal of license
				  or registration, or approval;
2.
				  Has violated, aided, or abetted others to violate Chapters 1 (§ 54.1-100
				  et seq.) through 3 (§ 54.1-300 et seq.) of Title 54.1 or §§
				  54.1-1800 through 54.1-1806 of the Code of Virginia, or of any other statute
				  applicable to the practice of the profession herein regulated, or of any
				  provisions of this chapter;
3. Has
				  been convicted or found guilty, regardless of the manner of adjudication, in
				  any jurisdiction of the United States of any felony or non-marijuana
				  misdemeanor. Review of convictions shall be subject to the requirements of
				  § 54.1-204 of the Code of Virginia. Any pleas of nolo contendere shall be
				  considered a conviction for the purposes of this subsection. The record of a
				  conviction authenticated in such form as to be admissible in evidence under the
				  laws of the jurisdiction where the conviction occurred shall be forwarded to
				  the board within 30 days of entry and shall be admissible as prima facie
				  evidence of such conviction;
4. Has
				  made, in the course of soliciting for or advertising a business or service
				  licensed under § 54.1-1802 of the Code of Virginia, a false, deceptive, or
				  misleading statement orally, in writing, or in printed form;
5. Has allowed one's license or registration
				  to be used by anyone else;
6. Has
				  failed, within a reasonable period of time 21 days, to provide any records or
				  other information requested or demanded by the department;
7. Has displayed professional incompetence or
				  negligence in the performance of polygraphy;
8. Has violated any provision of
				  18VAC120-30-220;
9. Has failed to maintain for a period of one
				  year from the date of each administered polygraph examination a complete and
				  legible copy of all documents relating to the polygraph examination including
				  examination questions, results, conclusions drawn, and written or electronic
				  reports;
10. Has failed to inform
				  the board in writing within 30 days that the regulant, school's owner, or
				  instructor has pleaded guilty or nolo contendere or was convicted and found
				  guilty of any felony or of a Class 1 misdemeanor or any non-marijuana
				  misdemeanor conviction for activities carried out while engaged in the practice
				  of polygraphy;
11. Has refused or
				  failed, upon request, to produce to the board, or any of its agents, any
				  document, book, or record, or copy of it in the regulant's or school's owner's
				  possession concerning all records for which the regulant, school's owner, or
				  instructor is required to maintain; or
12. Has failed to respond to an investigator
				  or provides false, misleading, or incomplete information to an investigator
				  seeking information in the investigation of a complaint filed with the board
				  against the regulant, school's owner, or instructor.
Statutory Authority: § 54.1-1802.1 of the Code of
						Virginia.