ORS Chapter 703

OREGON STATUTES AND CODES

Chapter 703 — TruthVerification and Deception Detection; Investigators

2009 EDITION

TRUTH& DECEPTION DETECTION; INVESTIGATORS

OCCUPATIONSAND PROFESSIONS

TRUTHVERIFICATION AND DECEPTION DETECTION BY POLYGRAPH EXAMINERS

(Generally)

703.010 Definitions

703.030 Purpose;construction

(Licensing)

703.050 Polygraphexaminer license requirement

703.060 Licenseclasses

703.070 Licenseapplications; form; nonrefundable fee

703.080 Licensequalifications

703.090 Generalpolygraph examiner license qualifications; authority of department to requirefingerprints; statement on refusal to issue license

703.100 Termand renewal of licenses

703.110 Fees

703.120 Nonresidentlicensees; service of process

703.130 Reciprocityfor persons licensed in another jurisdiction; qualifications; fee

703.140 Displayof license; notification of change of place of business

(Administration)

703.200 Issuanceof licenses; examination and internship requirements

703.210 Suspension,revocation or issuance refusal; conditions

703.220 Surrenderof suspended or revoked licenses; notice to licensee; restoration of license

703.230 Proceduresand rules

703.240 Dispositionof fees

(Miscellaneous)

703.300 Certainlegal actions by unlicensed polygraph operators prohibited

703.310 Polygraphequipment requirements; use of noncomplying equipment prohibited; remedy forviolation

703.325 Shorttitle

TRUTHVERIFICATION AND DECEPTION DETECTION BY POLICE OFFICERS

703.335 Equipmentpolice officer may use to detect deception or verify truth

INVESTIGATORS

703.401 Definitions

703.405 Licenserequirement

703.407 Expertwitness exception

703.411 Exceptions

703.415 Investigator’slicense qualifications

703.425 Applicationrequirements; fee; rules; investigation of applicant

703.430 Issuanceof license; expiration; rules; fees

703.435 Identificationcard; rules; obligation to carry; replacement; fees

703.440 Licensingreciprocity

703.445 Renewalprocedure; fee; penalty; inactive status

703.447 Continuingeducation

703.450 Requirementsof conduct

703.460 Informationrequired; designation of agent for service of process

703.465 Disciplineor issuance refusal

703.470 Opportunityfor hearing; judicial review

703.473 Confidentialityof investigator’s personal identifying information and client files

703.480 Boardand department duties; rules; fees

703.490 Moneyscredited to Police Standards and Training Account

PENALTIES

703.990 Criminalpenalties for polygraph examiners

703.993 Criminalpenalties for investigators

703.995 Civilpenalties for investigators

TRUTHVERIFICATION AND DECEPTION DETECTION BY POLYGRAPH EXAMINERS

(Generally)

703.010Definitions.As used in ORS 703.010 to 703.310, unless the context requires otherwise:

(1)“Board” means the Board on Public Safety Standards and Training.

(2)“Department” means the Department of Public Safety Standards and Training.

(3)“Director” means the director of the department.

(4)“Internship” means the study by a trainee of polygraph examinations and of theadministration of polygraph examinations under the personal supervision andcontrol of a polygraph examiner in accordance with the course of studyprescribed by the board at the commencement of such study.

(5)“Person” means any individual, firm, association, partnership or corporation.

(6)“Polygraph examiner” means a person who purports to be able to detect deceptionor verify the truth of statements through the use of instrumentation or of amechanical device that records visually, permanently and simultaneously the cardiovascularpattern, the respiratory pattern and the galvanic skin response of theindividual being examined.

(7)“Trainee” means a person licensed under ORS 703.010 to 703.310 to engage in aninternship. [1975 c.608 §3; 1997 c.853 §45; 2003 c.777 §2]

703.020 [1975 c.608 §1;renumbered 703.325 in 2001]

703.030Purpose; construction. (1) It is the purpose of ORS 703.010 to 703.310 toregulate all persons who purport to be able to detect deception or to verifythe truth of statements through the use of instrumentation or mechanicaldevices, including but not limited to lie detectors, polygraphs anddeceptographs, that record visually, permanently and simultaneously thecardiovascular pattern, the respiratory pattern and the galvanic skin responseof the individual being examined.

(2)ORS 703.010 to 703.310 shall be liberally construed to regulate all personsdescribed in subsection (1) of this section. A person who purports to be ableto detect deception or to verify the truth of statements is not exempt from theprovisions of ORS 703.010 to 703.310 because of the terminology used todescribe the person, the instruments or mechanical devices of the person, orthe nature of the services of the person. [1975 c.608 §2; 1987 c.158 §149; 2003c.777 §3]

(Licensing)

703.050Polygraph examiner license requirement. No person, including persons employedby a state agency or public body in this state, may engage in conductingpolygraph examinations, refer to that person as a polygraph examiner or offeror advertise services as a polygraph examiner unless that person is licensedunder ORS 703.010 to 703.310 as a polygraph examiner. [1975 c.608 §4]

703.060License classes.There shall be two types of polygraph examiner licenses:

(1)The trainee license permits the holder to engage in an internship.

(2)The general license permits the holder to administer specific issueexaminations. [1975 c.608 §6]

703.070License applications; form; nonrefundable fee. (1)Applications for initial renewal or replacement licenses as polygraph examinersor trainees under ORS 703.010 to 703.310 shall be submitted in writing andunder oath to the Department of Public Safety Standards and Training,accompanied by the proper fee therefor specified in ORS 703.110.

(2)A fee submitted to the department may not be refunded. Each application shallbe in such form and require such information as the department prescribes. [1975c.608 §13; 1997 c.853 §46; 1999 c.59 §210]

703.080License qualifications. (1) To become a trainee an applicant shall satisfyORS 703.090 (1)(a) to (d) and have graduated from a polygraph examiners courseapproved by the Department of Public Safety Standards and Training.

(2)To receive a general license an applicant shall satisfy ORS 703.090 (1)(a) to(g). The trainee shall receive a general license upon satisfaction of ORS703.090 (1)(e) to (g). The department shall require such proof as is necessaryto establish satisfaction of the additional requirements. [1975 c.608 §14; 1985c.565 §118; 1997 c.853 §47]

703.090General polygraph examiner license qualifications; authority of department torequire fingerprints; statement on refusal to issue license. (1) Anyapplicant for a license as a general polygraph examiner must:

(a)Be at least 18 years of age;

(b)Be a citizen of the United States;

(c)Not have demonstrated, in the preceding 10 years, a course of behavior thatindicates a high degree of probability that the applicant will be unlikely toperform the duties of a polygraph examiner in a manner that would serve theinterests of the public;

(d)If previously convicted for a criminal offense, provide information, asrequired by the Department of Public Safety Standards and Training, relating tothe circumstances of the conviction. ORS 670.280 is applicable when thedepartment considers information provided under this paragraph;

(e)Have received a baccalaureate degree from a college or university that isaccredited by the American Association of Collegiate Registrars and AdmissionsOfficers; or, in lieu thereof, be a graduate of an accredited high school andhave at least five years of active investigative experience before the date ofapplication;

(f)Have graduated from a polygraph examiners course approved by the department andconforming to any minimum training standards approved by the Board on PublicSafety Standards and Training and have satisfactorily completed at least 200examinations, or have worked as a polygraph examiner for a period of five yearsfor a governmental agency within the State of Oregon and have completed 200examinations; and

(g)Have successfully completed an examination conducted by the department todetermine, consistent with any standards approved by the board, competency toact as a polygraph examiner.

(2)For the purpose of requesting a state or nationwide criminal records checkunder ORS 181.534, the Department of Public Safety Standards and Training shallrequire each applicant to be fingerprinted as part of the licensing procedure.

(3)Notwithstanding ORS 181.534 (5) and (6), the Department of State Police shallmaintain in the department’s files fingerprint cards submitted to it forpurposes of conducting a state or nationwide criminal records check under ORS181.534 on applicants for a license as a general polygraph examiner.

(4)When the Department of Public Safety Standards and Training refuses to issue alicense based upon an applicant’s failure to meet the requirements ofsubsection (1)(c) of this section, the department shall prepare a concise,specific written statement of the facts supporting the department’s conclusionthat there is a high degree of probability that the applicant will be unlikelyto perform required duties in a manner that would serve the interests of thepublic. A copy of the statement shall be given to the applicant. [1975 c.608 §15;1979 c.410 §9; 1997 c.853 §48; 2003 c.166 §4; 2005 c.730 §42]

703.100Term and renewal of licenses. (1) Each polygraph examiner’s licenseissued by the Department of Public Safety Standards and Training under ORS 703.010to 703.310 shall be issued for a period of one year. The department may renewthe license of a polygraph examiner, unless such license has been suspended orrevoked, upon compliance by the person with such conditions as the departmentmay prescribe.

(2)A person whose polygraph examiner’s license has expired may obtain a renewallicense without examination upon application therefor within two years afterthe date of the expiration of such license and payment of the required fee forsuch renewal.

(3)A person whose polygraph examiner’s license has expired while the person wasemployed by any federal agency or while the person was on active duty as amember of the Armed Forces of the United States or on active duty as a memberof the National Guard of this state may obtain a renewal license, withoutexamination, upon application therefor within two years after the date of thetermination of such employment or active duty and payment of the required feefor such renewal. [1975 c.608 §20; 1997 c.853 §49]

703.110Fees.The following fees shall be charged by the Department of Public SafetyStandards and Training in carrying out ORS 703.010 to 703.310:

(1)The fee of $50 for the issuance of each original license as a general polygraphexaminer.

(2)The fee of $50 for the annual renewal of a license as a general polygraphexaminer.

(3)The fee of $50 for examination by the department to determine the competency ofan applicant as a polygraph examiner.

(4)The fee of $35 for the issuance of a trainee license.

(5)The fee of $35 for the extension or renewal of a trainee license.

(6)A fee, established by rule of the department, for issuance by the department ofa duplicate polygraph examiner or trainee license upon satisfactory proof thatthe original license has been lost or stolen. The fee established under thissubsection shall be the same, to the nearest dollar, as the actual cost ofissuing a duplicate license. [1975 c.608 §23; 1979 c.410 §10; 1997 c.853 §50]

703.120Nonresident licensees; service of process. (1) The Department of PublicSafety Standards and Training may license a person who is not a resident ofthis state as a polygraph examiner as otherwise provided under ORS 703.010 to703.310. However, any such person must include with the application for alicense or renewal thereof an irrevocable written consent permitting thedirector to act as the agent of the person for the service of all legal processin this state.

(2)In any action in a court of competent jurisdiction in this state, service ofprocess may be made upon a polygraph examiner who does not reside in this stateby mailing two copies of the process to the director. The director shall retainone copy of the process in the records and immediately send, by certified orregistered mail, the other copy to the polygraph examiner at the most currentaddress of the polygraph examiner as indicated by the records of thedepartment. [1975 c.608 §17; 1997 c.853 §51]

703.130Reciprocity for persons licensed in another jurisdiction; qualifications; fee. The Departmentof Public Safety Standards and Training may grant a license as a polygraphexaminer in this state to a person who is licensed as a polygraph examiner byanother state or territory of the United States, without examination, upon applicationby such person in the manner prescribed by the department and upon payment tothe department of a fee of $50, payable to the department, if the departmentfinds that such person:

(1)Is at least 18 years of age;

(2)Is a citizen of the United States;

(3)Was licensed pursuant to the requirements of such other state or territorythat, at the date of the issuance of such license by such other state orterritory, were substantially equivalent to the requirements of ORS 703.010 to703.310 for the licensing and regulation of polygraph examiners in this state;

(4)Is licensed by another state or territory that grants reciprocity to polygraphexaminers licensed in this state; and

(5)If a nonresident of this state, has complied with the requirements of ORS703.120. [1975 c.608 §19; 1979 c.410 §11; 1997 c.853 §52]

703.140Display of license; notification of change of place of business. (1) A polygraphexaminer shall display prominently the license of the polygraph examiner at theplace of business or employment of the polygraph examiner and a trainee shalldisplay prominently the license of the trainee at the place of internship ofthe trainee.

(2)A polygraph examiner shall notify the Department of Public Safety Standards andTraining in writing of any change in the principal place of business of thepolygraph examiner within 30 days after the date of such change. Upon discoveryby the department of failure by a licensee to comply with this section, thedepartment shall suspend immediately such license. [1975 c.608 §24; 1997 c.853 §53]

(Administration)

703.200Issuance of licenses; examination and internship requirements. (1) TheDepartment of Public Safety Standards and Training may issue licenses forpolygraph examiners and trainees in accordance with ORS 703.010 to 703.310.

(2)The department shall prescribe the manner and contents of any examinationconducted by it under ORS 703.010 to 703.310.

(3)The department may prescribe the requirements for internship of any person whois licensed as a trainee under ORS 703.010 to 703.310. [1975 c.608 §16; 1997c.853 §54]

703.210Suspension, revocation or issuance refusal; conditions. The Departmentof Public Safety Standards and Training may refuse to issue, or may revoke orsuspend the license of any person as a polygraph examiner or trainee, if itfinds that the person: