Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Department of Professional and Occupational Regulation intends to consider amending 18VAC120-30, Regulations Governing Polygraph Examiners. The purpose of the proposed action is to review and amend the standards of practice and conduct to conform to changes regarding copies of polygraph reports being made available to the public to the Virginia Freedom of Information Act (§ 2.2-3700 et seq. of the Code of Virginia). In the past, law-enforcement agencies were able to withhold polygraph reports from Freedom of Information Act (FOIA) requests because some case files were exempt from FOIA and not accessible to the public. Amendments to the Virginia Freedom of Information Act provided access to some closed law-enforcement cases to the public.

The agency intends to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: § 54.1-1802.1 of the Code of Virginia.

Public Comment Deadline: January 4, 2023.

Agency Contact: Marjorie King, Regulatory Boards Administrator, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, TDD (804) 527-4290, or email contractors@dpor.virginia.gov.