43-31 Detection of Deception Examiners - North Dakota Statutes

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CHAPTER 43-31DETECTION OF DECEPTION EXAMINERS43-31-01. Definitions. As used in this chapter, unless the context otherwise requires:1."Detection of deception examiner" or "examiner" means any person who uses any
device or instrument to test or question individuals for the purpose of detecting
deception.2."Internship" means the study of polygraph examinations and of the administration of
polygraph examinations by a trainee under the personal supervision and control of a
licensed examiner in accordance with a course of study prescribed by the attorney
general at the commencement of such internship.3."Person" includes any natural person, partnership, association, corporation, limited
liability company, or trust.43-31-02. Device or instrument to be used. Every examiner shall use an instrumentwhich records permanently and simultaneously the subject's cardiovascular and respiratory
patterns as minimum standards, but such an instrument may record additional physiological
changes pertinent to the detection of deception. An examiner shall, upon written request of a
person examined, make known the results of such test to the person examined within five days
of receipt of the written request.43-31-03.Unlawful acts.It is unlawful for any person to administer detection ofdeception examinations, or attempt to hold out as an examiner, without a license issued by the
attorney general of the state.43-31-04. Applications for licenses. Applications for licenses must be made to theattorney general in writing on forms prescribed by the attorney general and must be
accompanied by the required fee, which is not returnable. Any such application must require
such information as in the judgment of the attorney general will enable the attorney general to
pass on the qualifications of the applicant for a license.43-31-05.Renewal of licenses.The license of an examiner which has not beenrevoked or is not suspended must be renewed annually upon payment of the required fee by the
examiner.43-31-06. Consent for service of process. Each nonresident applicant for an originallicense or a renewal license shall file an irrevocable consent that actions against the applicant
may be filed in any appropriate court of any county of this state in which the plaintiff resides or in
which some part of the transaction occurred out of which the alleged claim for relief arose and
that process in any action may be served on the applicant by leaving two copies thereof with the
attorney general. Such consent must stipulate and agree that such service of process is valid
and binding for all purposes. The attorney general shall send forthwith one copy of the process
to the applicant at the address shown on the records of the attorney general's office by registered
mail.43-31-07. Qualifications of applicant. A person is qualified to receive a license as anexaminer:1.Who is at least eighteen years of age.2.Who establishes that the person is a person of honesty, truthfulness, integrity, and
moral fitness.3.Who has not been convicted of an offense determined by the attorney general to
have a direct bearing upon a person's ability to serve the public as an examiner, orPage No. 1who, following conviction of any offense, is determined, pursuant to section
12.1-33-02.1, to be rehabilitated, or who has not been released or discharged under
other than honorable conditions from any of the armed services of the United States.4.Who has passed an examination conducted by the attorney general, or under the
attorney general's supervision, to determine the applicant's competency to obtain a
license to practice as an examiner except that an examiner who was continually
engaged in the administration of examinations for the two-year period immediately
prior to July 1, 1975, or who had successfully completed a training course prior to
July 1, 1975, from a school deemed acceptable by the attorney general, and who
was previously exempt from the provisions of this chapter as an examiner in the
exclusive employ of the state of North Dakota, a county, municipality, or political
subdivision thereof as then provided by section 43-31-15 is exempt from the
requirement of an examination.5.Who has satisfactorily completed a polygraph examiners course approved by the
attorney general and has satisfactorily completed not less than six months of
internship training.43-31-07.1. Internship license.1.Upon approval by the attorney general, an internship license must be issued to a
trainee provided the trainee applies for such license and pays the required fee within
ten days prior to the commencement of the internship. The application must contain
such information as may be required by the attorney general.2.An internship license is valid for the term of twelve months from the date of issue.
Such license may be extended or renewed for any term not to exceed six months
upon good cause shown to the attorney general.3.A trainee is not entitled to hold an internship license after the expiration of the
original twelve-month period and six-month extension, if such extension is granted
by the attorney general until twelve months after the date of expiration of the last
internship license held by said trainee.43-31-08. Reinstatement of license. An examiner whose license has expired may bereinstated at any time within one year after the expiration thereof, by making a renewal
application therefor and by paying the renewal license fee.43-31-09. Contents of license - Posting. A license must be prominently displayed atthe principal place of business of every examiner. Each license must be signed by the attorney
general and must be issued under the seal of the attorney general's office.43-31-10. Revocation or suspension. The attorney general may refuse to issue orrenew or may suspend or revoke a license for any one of the following grounds:1.Material misstatement in the application for original license or in the application for
any renewal license under this chapter.2.Willful disregard or violation of this chapter or of any regulation or rule issued
pursuant thereto.3.Conviction of an offense determined by the attorney general to have a direct bearing
upon a person's ability to serve the public as an examiner, or when the attorney
general determines, following a person's conviction of any offense, that the person is
not sufficiently rehabilitated under section 12.1-33-02.1.Page No. 24.Making any willful misrepresentation or false promises or causing to be printed any
false or misleading advertisement for the purpose of directly or indirectly obtaining
business or trainees.5.Having demonstrated incompetency to act as an examiner as defined under this
chapter.6.Allowing one's license under this chapter to be used by an unlicensed person in
violation of the provisions of this chapter.7.Willfully aiding or abetting another in the violation of this chapter or of any rule
issued by the attorney general pursuant thereto.8.The licenseholder has been adjudged mentally ill, mentally deficient, or in need of
mental treatment.9.Failing, within a reasonable time, to provide information requested by the attorney
general as the result of a formal or informal complaint to the attorney general, which
would indicate a violation of this chapter.43-31-11. Notice and hearing on license revocation. The attorney general may, uponthe attorney general's own motion, and shall, upon the verified complaint in writing of any person
setting forth facts which, if proven, would constitute grounds for refusal, suspension, or
revocation, as herein set forth, investigate the actions of any person holding or claiming to hold a
license.The attorney general shall, before refusing to issue, suspending, or revoking anylicense, at least ten days prior to the date set for the hearing notify in writing the applicant or
holder of such license of any charges made and shall afford such accused person an opportunity
to be heard in person or by counsel in reference thereto. Such written notice may be served by
delivery of the same personally to the accused person, or by mailing the same by registered mail
to the place of business last theretofore specified by the accused person in the person's last
notification to the attorney general. At the time and place fixed in the notice, the attorney general
shall proceed to hearing of the charges and both the accused person and the complainant must
be accorded ample opportunity to present in person or by counsel such statements, testimony,
evidence, and argument as may be pertinent to the charges or to any defense thereto. The
attorney general may continue such hearing from time to time.43-31-12. Appeal from decision. The district court of the county wherein the accusedperson resides has power to review any order of revocation or suspension and all questions of
law and fact thereon provided application therefor is made by either party within thirty days from
the date of service of such order.43-31-13. Attorney general may issue regulations. The attorney general may issueregulations, consistent with the provisions of this chapter, for the administration and enforcement
thereof and may prescribe forms which shall be issued in connection therewith.43-31-14. Examination and license fees.1.The fee to be paid by an applicant for examination to determine the applicant's
fitness to receive an examiner's license is fifty dollars.2.The annual license fee is thirty-five dollars, and is due and payable on or before
October first of each year. A reinstatement fee of fifty dollars is required in addition
to the annual license fee for each license renewal applied for after September
thirtieth.3.The fee to be paid for the issuance of a duplicate license is five dollars.4.The fee to be paid for an internship license, and for the extension or renewal thereof,
is twenty-five dollars.Page No. 343-31-15. Exemptions. The provisions of this chapter do not apply to any examiner inthe exclusive employment of the United States of America or any department, bureau, or agency
thereof.43-31-16.Examiner licensed in another state exempt from examination.Anapplicant who is an examiner, licensed under the laws of another state of the United States, may
be issued a license without examination by the attorney general, in the attorney general's
discretion, upon payment of a fee of thirty-five dollars, and the production of satisfactory proof:1.That the applicant is at least twenty-one years of age;2.That the applicant is a citizen of the United States;3.That the applicant is of good moral character;4.That the requirements for the licensing of examiners in such particular state of the
United States were at the date of licensing substantially equivalent to the
requirements then in force in this state; and5.That the applicant had lawfully engaged in the administration of polygraph
examinations under the laws of such state for at least two years prior to the
application for license hereunder.43-31-17. Violation - Penalty. Any person who violates any provision of this chapter orany person who falsely states or represents that that person has been or is an examiner or
trainee is guilty of a class B misdemeanor.Page No. 4Document Outlinechapter 43-31 detection of deception examiners