Administrative Code

Virginia Administrative Code
5/13/2021

Part I. Definitions

18VAC120-30-10. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise:

"Advisory board" or "board" means the Polygraph Examiner's Advisory Board.

"Polygraph examination" means the entire period of contact between a licensee and an examiner.

"Polygraph test" means the part of the polygraph examination during which the examinee is connected to a polygraph instrument which is continuously recording the examinee's reactions to questions.

"Reciprocity" means any individual holding a current license in another jurisdiction may obtain a Virginia polygraph examiners license provided the requirements and standards under which the license was issued are substantially equivalent to those established in this chapter and the individual meets all other board requirements for licensure in Virginia.

"Reinstatement" means having a license restored to effectiveness after the expiration date on the license has passed. When a licensee fails to renew his license within one calendar month after its expiration date, the licensee is required to apply for reinstatement of the license. Six months after the expiration date on the license, reinstatement is no longer possible and the applicant must reapply and requalify for licensure.

"Relevant question" means a question asked of an examinee during a polygraph test which concerns an issue identified to the examinee during the pretest and which is to be reported by the licensee to any other person.

"Renewal" means continuing the effectiveness of a license for another period of time.

Statutory Authority

§ 54.1-1802 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 1.1, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007.

18VAC120-30-20. Explanation of terms.

Each reference in this chapter to a person shall be deemed to refer, as appropriate, to the masculine and the feminine, to the singular and the plural, and to natural persons and organizations.

Statutory Authority

§§ 54.1-113 and 54.1-1802 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 1.2; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995.

18VAC120-30-30. Advisory board.

A. The Polygraph Examiners Advisory Board, consisting of eight members appointed by the director, shall exercise the authority delegated by the director consistent with § 2.2-2100 A of the Code of Virginia and advise the department on any matters relating to the practice of polygraphy and the licensure of polygraph examiners in the Commonwealth of Virginia.

B. The advisory board shall be composed of three Virginia licensed polygraph examiners employed by law enforcement agencies of the Commonwealth, or any of its political subdivisions; three Virginia licensed polygraph examiners employed in private industry; and two citizen members as defined in §§ 54.1-107 and 54.1-200 of the Code of Virginia. All members must be residents of the Commonwealth of Virginia.

C. Each member shall serve a four-year term. No member shall serve more than two consecutive four-year terms.

Statutory Authority

§ 54.1-1802 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 1.2, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007.

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