32 §7161. Refusal; suspension; revocation; grounds - Maine Statutes

Title 32: PROFESSIONS AND OCCUPATIONS

Chapter 85: POLYGRAPH EXAMINERS

§7161. Refusal; suspension; revocation; grounds

1. Grounds. The commissioner shall have the authority after a hearing in conformance with Title 5, section 9051 et seq., to refuse to issue or renew a license. The District Court Judge shall have the power to suspend or revoke the license of any person licensed under this chapter. The commissioner may refuse to issue or renew a license and the District Court may suspend or revoke a license on any one or more of the following grounds:

A. For failing to inform a subject to be examined as to the nature of the examination and of the specific questions to be asked; [1979, c. 209, §2 (NEW).]

B. For failing to inform a subject to be examined that his participation in the examination is voluntary; that he has the right to terminate an examination at any point without prejudice and that should he refuse or decline to submit to a polygraph examination, that the refusal or declination would not be the basis for any inference or act to his legal prejudice; [1979, c. 209, §2 (NEW).]

C. For failing to inform a person of his constitutional rights concerning self-incrimination under the 5th amendment of the Constitution of the United States when the polygraph examination is being conducted by or for a law enforcement agency or other entity when the person to be tested is suspected of criminal activity and where criminal charges could result should the person being examined make admissions against interest; [1979, c. 209, §2 (NEW).]

D. For asking a person being examined on the polygraph questions concerning sexual behavior except as provided for in section 7154; [1979, c. 209, §2 (NEW).]

E. For failure to discuss any reactions with the person being examined on the polygraph which could be indicative of deception and not providing the person an opportunity to offer explanations for the responses; [1979, c. 209, §2 (NEW).]

F. For failure to inform a person examined by polygraph of the results of the examination if so requested; [1979, c. 209, §2 (NEW).]

G. For conducting a polygraph examination of a person when he has reason to believe the examination is intended to interfere with or prevent the lawful organizational activities of a labor union; [1979, c. 209, §2 (NEW).]

H. For material misstatements in the application for original license or in the application for any renewal license under this chapter; [1979, c. 209, §2 (NEW).]

I. For willful disregard or violation of this chapter or of any regulation or rule issued pursuant thereto, including, but not limited to, willfully making a false report concerning an examination for polygraph examination purposes; [1979, c. 209, §2 (NEW).]

J. For the holder of any license having been adjudged guilty of the commission of a crime involving moral turpitude; [1979, c. 209, §2 (NEW).]

K. For making any willful misrepresentation or false promise or causing to be printed any false or misleading advertisement for the purposes of directly or indirectly obtaining business or trainees; [1979, c. 209, §2 (NEW).]

L. For having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter; [1979, c. 209, §2 (NEW).]

M. For allowing one's license under this chapter to be used by an unlicensed person in violation of this chapter; [1979, c. 209, §2 (NEW).]

N. For willfully aiding or abetting another in violation of this chapter or any regulation or rule issued thereto; [1979, c. 209, §2 (NEW).]

O. For the license holder having been found to be an habitual abuser of drugs or alcohol, or mentally incompetent; or [1979, c. 209, §2 (NEW).]

P. For failing, within a reasonable time, to provide information requested by the commissioner as the result of a formal complaint to the commissioner which would indicate a violation of this chapter. [1979, c. 209, §2 (NEW).]

[ 1979, c. 209, §2 (NEW); 1999, c. 547, Pt. B, §78 (AMD); 1999, c. 547, Pt. B, §80 (AFF) .]

SECTION HISTORY

1979, c. 209, §2 (NEW). 1999, c. 547, §B78 (AMD). 1999, c. 547, §B80 (AFF).