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Virginia Administrative Code
Title 18. Professional And Occupational Licensing
Agency 120. Department of Professional And Occupational Regulation
Chapter 30. Regulations Governing Polygraph Examiners
11/26/2025

18VAC120-30-200. Polygraph examination procedures.

A. The examiner must 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.

B. The examinee may request a recording of the polygraph examination being administered. Each examiner must maintain recording equipment and recording media adequate for such recording. The examiner must safeguard all examination recordings with the records the examiner is required to keep pursuant to 18VAC120-30-230. All recordings must 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.

C. The examinee is entitled to a copy of all portions of any written report pertaining to the examinee's examination that is prepared by the examiner and provided to any person or organization. The examinee must make this request in writing to the examiner. The examiner must 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.

D. The provisions of subsections A, B, and C of this section are not 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 must comply with subsection A of this section through a verbal explanation of the provisions of 18VAC120-30-210 and 18VAC120-30-220.

E. The examiner must disclose to the examinee that the examination is subject to disclosure under the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia).

Statutory Authority

§ 54.1-1802.1 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 5.1; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 41, Issue 2, eff. November 1, 2024; Volume 42, Issue 4, eff. November 5, 2025.

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