Administrative Code

Virginia Administrative Code
5/13/2021

Part VI. Approval of Polygraphy School

18VAC120-30-260. Approval of polygraph school curriculum.

Schools seeking approval of their polygraph curriculum shall submit the application for approval of a polygraph school to the department for consideration. The application shall include:

1. The name and address of the school;

2. The name and address of the proprietor, partnership, corporation or association if different from the school name;

3. The owners of the school;

4. The names and qualifications of the instructors which shall be indicated on instructor qualifications form; and in a format approved by the advisory board;

5. The subject courses and the number of instruction hours assigned to each.

Statutory Authority

§ 54.1-1802.1 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 6.1; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; Volume 30, Issue 6, eff. January 1, 2014.

18VAC120-30-270. Minimum requirements for school curriculum.

A. There must be one type of polygraph instrument per three students in the course.

B. To receive approval, the institution must offer a minimum of 240 hours of instruction, unless the school has obtained approval from the department for less than the minimum hours of course instruction. The following subject areas must be included in the school's curriculum:

1. Polygraph theory;

2. Examination techniques and question formulation;

3. Polygraph interrogation;

4. Case observation;

5. Polygraph case practice;

6. Chart interpretation;

7. Legal aspects of polygraph examination;

8. Physiological aspects of polygraphy;

9. Psychological aspects of polygraphy;

10. Instrumentation;

11. History of polygraph;

12. Reviews and examinations;

13. Ethics as it relates to polygraphy.

C. Out-of-state schools seeking approval of their curriculum which has been approved by their state must have the appropriate regulatory agency of their state certify such approval to the department.

Statutory Authority

§ 54.1-1802.1 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 6.2; 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.

18VAC120-30-280. Instructor minimum requirements.

A. Any person teaching the subjects required by this regulation shall meet the following minimum requirements for the subjects to be taught:

1. Legal Aspects of Polygraph Examination. The instructor must be licensed as an attorney in a state or jurisdiction of the United States.

2. Polygraph Interrogation. The instructor must have five years experience in the field of interrogation.

3. Physiological Aspects of Polygraphy. The instructor must have a degree in a health related science with coursework in physiology from an accredited institution of higher learning.

4. Psychological Aspects of Polygraphy. The instructor must have a degree in psychology from an accredited institution of higher learning.

5. All other courses shall be taught by individuals having at least five years of experience as a polygraph examiner.

B. The department may make exception to the above qualifications when an instructor is otherwise qualified by education or experience and provides such evidence in writing to the department.

Statutory Authority

§ 54.1-1802 of the Code of Virginia.

Historical Notes

Derived from VR190-03-1 § 6.3; Virginia Register Volume 11, Issue 19, eff. July 12, 1995; amended, Virginia Register Volume 23, Issue 21, eff. August 1, 2007.

18VAC120-30-290. Amendments and changes.

Any change in the information provided by the school to the department as required by 18VAC120-30-260, 18VAC120-30-270 or 18VAC120-30-280 shall be reported to the department in writing within 30 days of such an occurrence.

Statutory Authority

§ 54.1-1802 of the Code of Virginia.

Historical Notes

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

18VAC120-30-300. Periodic requalification for continued course approval.

At times established by the department, or during the random audit of any course, the department may require that schools that have previously obtained course approval, provide the department with evidence, in a form set forth by the department, that they continue to comply with the requirements of 18VAC120-30-260, 18VAC120-30-270 and 18VAC120-30-280. Failure to continue to comply with the department's requirements or respond to such a request may result in the department withdrawing its approval.

Statutory Authority

§ 54.1-1802.1 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 21, eff. August 1, 2007; amended, Virginia Register Volume 30, Issue 6, eff. January 1, 2014.

18VAC120-30-310. Grounds for withdrawing approval from a school.

The department may withdraw approval from a school upon a finding that:

1. An instructor of the approved school fails to teach the curriculum as provided for in 18VAC120-30-270.

2. The owner, employee, or instructor of the approved school permits or allows a person to teach in the school who does not meet the requirements of 18VAC120-30-280.

3. The owner, employee, or teacher is guilty of any dishonest conduct, including but not limited to fraud or deceit, in the teaching of polygraphy or violates any of the provisions of 18VAC120-30-240.

Statutory Authority

§ 54.1-1802 of the Code of Virginia.

Historical Notes

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

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.