Administrative Code

Virginia Administrative Code
5/13/2021

Part II. Entry Requirements

18VAC120-30-40. Basic qualifications for licensure and registration.

A. Every applicant to the board for a license shall provide information on his application establishing that:

1. The applicant is at least 18 years old.

2. The applicant is in good standing as a licensed polygraph examiner in every jurisdiction where licensed. The applicant must disclose if he has had a license as a polygraph examiner which was suspended, revoked, or surrendered in connection with a disciplinary action or which has been the subject of discipline in any jurisdiction prior to applying for licensure in Virginia. At the time of application for licensure, the applicant must also disclose any disciplinary action taken in another jurisdiction in connection with the applicant's practice as a polygraph examiner and whether he has been previously licensed in Virginia as a polygraph examiner.

3. The applicant is fit and suited to engage in the profession of polygraphy. The applicant must disclose if he has been convicted in any jurisdiction of a felony or misdemeanor involving lying, cheating, stealing, sexual offense, drug distribution, physical injury, or relating to the practice of the profession. Any plea of nolo contendere shall be considered a conviction for purposes of this subdivision. The record of a conviction authenticated in such form as to be admissible in the evidence under the laws of the jurisdiction where convicted shall be admissible as prima facie evidence of such conviction.

4. The applicant has disclosed his physical address. A post office box is not acceptable.

5. The nonresident applicant for a license has filed and maintained with the department an irrevocable consent for the department to serve as a service agent for all actions filed in any court in this Commonwealth.

6. The applicant has signed, as part of the application, a statement certifying that he has read and understands the Virginia polygraph examiner's license law and regulations.

7. The applicant has submitted an application, provided by the department, which shall include criminal history record information from the Central Criminal Records Exchange, with a report date within 30 days of the date the application is received by the department.

B. The department may (i) make further inquiries and investigations with respect to the qualifications of the applicant, (ii) require a personal interview with the applicant, or (iii) both.

C. The applicant shall pass all parts of the polygraph examiners licensing examination approved by the department within one year from examination approval in order to be eligible for a polygraph examiners license.

Statutory Authority

§ 54.1-1802.1 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 2.1; 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.

18VAC120-30-50. Registration of polygraph examiner interns.

A. A polygraph examiner intern registration shall be issued to applicants who fulfill the requirements of 18VAC120-30-40 and the following:

1. The applicant has met the experience requirements by having a high school diploma or its equivalent and a minimum of five years experience as an investigator or detective, or in a field acceptable to the department that demonstrates the ability to practice polygraphy.

a. The applicant will be credited two years of the five years of experience required in subdivision 1 of this subsection if he has an associate degree from an accredited college or university.

b. The applicant will be credited all five years of experience required in subdivision 1 of this subsection if he has a bachelor's degree from an accredited college or university.

2. The applicant has met the education requirements by either completing the required training in detection of deception at a polygraph school approved by the department, or by submitting evidence of satisfactory completion of substantially equivalent training if the polygraph school at which the applicant received the training in the detection of deception is not approved by the department.

B. An intern registration shall be valid for 12 months from the date of issue as indicated on the registration.

C. Each intern shall be supervised by a licensed polygraph examiner who meets the qualifications in 18VAC120-30-60.

D. A polygraph intern may apply for an extension of a polygraph intern registration after the expiration of the initial intern registration for no more than one year by submitting the fee referenced in 18VAC120-30-100. Additional extensions will be allowed if the individual repeats the education requirements set forth in subdivision A 2 of 18VAC120-30-50.

Statutory Authority

§ 54.1-1802 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 2.2, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 23, Issue 21, eff. August 1, 2007.

18VAC120-30-55. Qualifications for licensure by examination.

A. A polygraph examiner license shall be issued to applicants who fulfill the requirements of 18VAC120-30-40, 18VAC120-30-50, and subsections B and C of this section:

B. The applicant shall have completed six months as a registered intern examiner under the personal and direct on-premise supervision of an examiner qualified under 18VAC120-30-60 who shall supervise each and every polygraph examination administered by the intern. The internship need not be accomplished in Virginia. However, any internship conducted outside of Virginia must comply fully with this regulation. An intern shall not be eligible to sit for the license examination until the intern's supervisor has submitted to the department a written statement that the internship has been satisfactorily completed. The department may waive the internship for any person who practiced polygraphy in a federal jurisdiction or the United States Military.

C. Upon submission of the completed application and fee, the applicant will be considered for the examination required by 18VAC120-30-110. Upon passing such examination, the applicant shall be granted his polygraph examiners license provided the applicant is otherwise qualified.

Statutory Authority

§ 54.1-1802 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007.

18VAC120-30-60. Qualifications for licensed polygraph examiners to act as supervisors of polygraph interns.

Each supervisor for a registered intern examiner shall be currently licensed and have held a valid Virginia examiner's license for three years or submit evidence satisfactory to the department that he has qualifications that are substantially equivalent to those required herein.

Statutory Authority

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

Historical Notes

Derived from VR190-03-1 § 2.3, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995.

18VAC120-30-70. Procedures for licensed polygraph examiners to certify the procedures to be used to supervise an intern during an internship.

A. Each licensee supervising an intern shall file with the application of the intern a description of the following:

1. The frequency and duration of contact between the licensee and the intern;

2. The procedures to be employed by the licensee in reviewing and evaluating the intern's performance; and

3. The polygraph technique(s) to be used.

B. The licensee supervising the intern shall review the intern's charts prior to the intern rendering an opinion or conclusion on any polygraph examination administered by the intern.

C. In the event the licensed supervisor is unable to continue, any review of experience shall be at the discretion of the board.

Statutory Authority

§ 54.1-1802.1 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 2.4, eff. March 27, 1991; amended, Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 30, Issue 6, eff. January 1, 2014.

18VAC120-30-80. Qualifications for licensure by reciprocity.

An individual who is currently licensed as a polygraph examiner in another jurisdiction may obtain a Virginia license provided the requirements and standards under which the license was issued are substantially equivalent to those in Virginia.

An individual applying for licensure by reciprocity shall have been a licensed examiner engaged in the practice of polygraphy for at least 12 consecutive months prior to application.

Statutory Authority

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

Historical Notes

Derived from VR190-03-1 § 2.5; Virginia Register Volume 11, Issue 19, eff. July 12, 1995.

18VAC120-30-90. (Repealed.)

Historical Notes

Derived from VR190-03-1 § 2.6; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; repealed, Virginia Register Volume 23, Issue 21, eff. August 1, 2007.

18VAC120-30-100. Fees.

A. All application fees for licenses and registrations are nonrefundable and shall not be prorated. The date of receipt by the department is the date that will be used to determine whether or not the fee is on time.

B. Application and examination fees must be submitted with the application for licensure. All other fees are discussed in greater detail in later sections of this chapter.

C. In the event that a check, money draft, or similar instrument for payment of a fee required by statute or regulation is not honored by the bank or financial institution named, the applicant or regulant shall be required to remit fees sufficient to cover the original fee, plus an additional processing charge set by the department.

D. 1. The following fees listed in the table apply:

FEE TYPE

AMOUNT DUE

WHEN DUE

Application for Examiner's License

$45

With application

Application for Examiner's License by Reciprocity

$95

With application

Application for Intern Registration

$75

With application

Application for Examiner's License by Examination

$200

With application

Reexamination

$200

With approval letter

Renewal

$55

Up to one calendar month after the expiration date on license

Reinstatement

$75

One to six calendar months after the expiration date on license

2. For renewal fees received on or before June 30, 2022, the fee shall be $20.

Statutory Authority

§ 54.1-1802.1 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 2.7; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 14, Issue 11, eff. April 1, 1998; Volume 15, Issue 26, eff. November 1, 1999; Volume 23, Issue 21, eff. August 1, 2007; Volume 30, Issue 6, eff. January 1, 2014; Volume 34, Issue 18, eff. July 1, 2018; Volume 36, Issue 17, eff. July 1, 2020.

18VAC120-30-110. Examinations.

All examinations required for licensure shall be approved by the advisory board and provided by the department, a testing service acting on behalf of the advisory board, or another governmental agency or organization.

Applicants for licensure shall pass a two-part licensing examination approved by the board, of which Part I is a written examination and Part II is an Advisory Board Evaluation. Applicants must pass the written examination in order to sit for the advisory board evaluation.

The applicant shall follow all the rules established by the department with regard to conduct at the examination. Such rules shall include any written instructions communicated prior to the examination date and any instructions communicated at the site, either written or oral, on the date of the examination. Failure to comply with all rules established by the department with regard to conduct at the examination shall be grounds for denial of application.

Statutory Authority

§ 54.1-1802.1 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 2.8; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 30, Issue 6, eff. January 1, 2014.

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