TITLE 18. PROFESSIONAL AND OCCUPATIONAL LICENSING

DEPARTMENT OF PROFESSIONAL AND OCCUPATIONAL REGULATION

Proposed Regulation

Title of Regulation: 18VAC120-30. Regulations Governing Polygraph Examiners (amending 18VAC120-30-10, 18VAC120-30-30 through 18VAC120-30-80, 18VAC120-30-100, 18VAC120-30-110, 18VAC120-30-130, 18VAC120-30-160 through 18VAC120-30-260, 18VAC120-30-280, 18VAC120-30-290; repealing 18VAC120-30-20).

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

Public Hearing Information:

May 8, 2025 - 2 p.m. - Department of Professional and Occupational Regulation, 9960 Mayland Drive, Second Floor, Board Room Two, Richmond, VA 23233.

Public Comment Deadline: June 20, 2025.

Agency Contact: Marjorie King, Executive Director, Department of Professional and Occupational Regulation, 9960 Mayland Drive, Suite 400, Richmond, VA 23233, telephone (804) 367-2785, FAX (866) 430-1033, or email polygraph@dpor.virginia.gov.

Basis: Section 54.1-201 of the Code of Virginia authorizes the Department of Professional and Occupational Regulation (DPOR) to promulgate regulations necessary to ensure continued competency and prevent deceptive or misleading practices by practitioners and to effectively administer the regulatory system. Section 54.1-1802.1 of the Code of Virginia requires the department to administer and enforce the provisions of Chapter 18 (§ 54.1-1800 et seq.) of Title 54.1 of the Code of Virginia, including the establishment of minimum qualifications for the operators of polygraphs and other detection devices.

Purpose: Performance of polygraph examinations by those who lack sufficient expertise, competence, or integrity poses risks to the public welfare, including false results regarding the truthfulness of an individual who is subject to a polygraph examination, which could result in an individual being denied employment or suffering reputational damage. The goals of this action are to ensure that the regulation complements Virginia law, reflects current agency procedures, and provides clarification to provisions of the regulation and to reduce regulatory burdens by removing requirements that are not necessary to protect the health, safety, or welfare of the public.

Substance: The proposed amendments:

1. Revise definitions;

2. Remove a duplicative requirement that an applicant for licensure be "in good standing" in other jurisdictions and instead require disclosure of prior regulatory discipline;

3. Remove a requirement that an applicant disclose whether the applicant has been previously licensed in Virginia;

4. Remove a requirement that an applicant be "fit and suited" to engage in the profession of polygraphy and simply require disclosure of prior criminal history. Criminal history disclosure provisions are also revised to remove unnecessary language providing that a plea of nolo contendere is considered a conviction and that the record of a conviction will be accepted as prima facie evidence of a conviction;

5. Remove a requirement for nonresident applicants to designate DPOR as an agent for service of process;

6. Provide that required training must be completed at an accredited Polygraph Association Training Program or an equivalent;

7. Remove the requirement that a registered intern examiner be under the "personal and direct on premise" supervision of the supervising licensed examiner;

8. Reduce from three to two years the amount of time for which a licensee must hold a license before being eligible to act as a polygraph intern supervisor;

9. Remove provisions requiring a supervising licensee to file a description of how the intern will be supervised with the intern application and clarify a supervising licensee's responsibility to review an intern's charts for quality control and to address any deficiencies;

10. Remove prerequisite experience requirements for an applicant seeking licensure through reciprocity;

11. Remove an application fee that is no longer applicable and language related to dishonored forms of payment;

12. Clarify that a licensee may have any action to deny renewal or reinstatement of license reviewed under the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia) and remove a requirement for renewal and reinstatement that will no longer be applicable;

13. Remove provisions regarding the posting of licenses and registrations;

14. Reduce to five the number of polygraph examinations that a licensed examiner may perform in a 24-hour period and increase the amount of time a licensed examiner must wait between ending one question and beginning the next question;

15. Remove language that provides that a plea of nolo contendere is considered a conviction and that a record of conviction admissible as prima facie evidence of conviction or guilt, and align reporting requirements for misdemeanor offenses with other DPOR regulations;

16. Provide that written notification of a name or address change be made, instead of mailed, to DPOR within 30 days of the change; and

17. Remove the requirement that instructor names and qualifications be provided on a specific form.

Issues: The primary advantages to the public and the regulated community are that the proposed amendments will (i) update and clarify the regulation; (ii) reduce regulatory burdens while still protecting the public health, safety, and welfare, including revising requirements to potentially allow more individuals to qualify for licensure through reciprocity; (iii) remove requirements in the regulation that are not necessary to protect the public welfare; and (iv) enhance standards of conduct and practice that will better serve to protect members of the public. An anticipated advantage is that the regulatory change potentially increases the number of individuals who may qualify for licensure through reciprocity, and, therefore, be available to members of the public to provide polygraph services. Another anticipated advantage is the ability for licensees to act as supervisors after a shorter amount of time. There are no identifiable disadvantages to the public. It is not anticipated that the regulatory change will create any substantial disadvantages to the regulated community. The primary advantage of the proposed amendments to the Commonwealth is that the changes will permit the agency to administer the licensure program more ably.

Department of Planning and Budget Economic Impact Analysis:

The Department of Planning and Budget (DPB) has analyzed the economic impact of this proposed regulation in accordance with § 2.2-4007.04 of the Code of Virginia and Executive Order 19. The analysis presented represents DPB's best estimate of the potential economic impacts as of the date of this analysis.¹

Summary of the Proposed Amendments to Regulation. The Department of Professional and Occupational Regulation (DPOR), based upon the recommendation of the Polygraph Examiners Advisory Board (board), proposes to (i) expand the number of approved training programs, (ii) remove the active practice requirement for examiner licensure by reciprocity, (iii) provide more flexibility in supervision of interns, (iv) conform two of the polygraph exam standards to industry benchmarks, and (v) allow electronic notification of licensee address changes to DPOR.

Background. This regulation applies to polygraph examiners, interns, and training. Polygraph examinations are used for a variety of purposes, including use in screening for jobs in law enforcement and other security-sensitive positions; criminal investigations; monitoring sex offenders; and investigations related to civil matters (e.g., divorce proceedings). DPOR states that to comply with Executive Directive Number One (2022), the board reviewed discretionary requirements imposed on regulated parties. The proposed amendments to the regulation discussed below reflect board and DPOR consideration in eliminating current substantive requirements that are not deemed necessary to protect public health, safety, or welfare or to effectively administer the licensure program.

Estimated Benefits and Costs: Expanding DPOR-approved training programs. Currently, there are 13 training programs approved by DPOR, all of which are accredited by the American Polygraph Association. However, there are three more programs accredited by the association but not currently approved by DPOR. The proposal would expand the approved training providers to all programs accredited by the American Polygraph Association, increasing the number of approved providers from 13 to 16. The proposal should benefit the three new training providers by expanding their potential customer base, improve the accessibility of training to potential applicants, and increase competition among the providers.

Active practice for licensure by reciprocity. The board proposes to remove the requirement that an individual seeking licensure by reciprocity be actively engaged in the practice of polygraphy for at least 12 consecutive months prior to application. This change may expand the pool of individuals eligible for licensure by reciprocity.

Supervision of interns. There are two proposed changes that pertain to intern supervision. One change would reduce from three years to two years the amount of time an examiner must have been licensed before they can supervise polygraph interns. This change is expected to increase the number of individuals who can supervise interns, which may increase the number of individuals able to engage in training and ultimately obtain an examiner license. Another change would remove the requirement that an intern be under the personal and direct on premise supervision of a licensed supervising examiner. This change would provide flexibility for interns or supervisors to gain or provide supervision while at different locations and through broader modes of communication (electronic versus in person).

Polygraph exam standards. The proposal would revise the standards of practice for polygraph examinations to provide that an examiner cannot perform more than five polygraph examinations in a 24-hour period. Currently, up to 12 exams are allowed in the same timeframe. Additionally, the standards of practice would be revised to provide that on every polygraph test a polygraph examiner must allow a minimum interval of 20 seconds between the examinee answer to a question and the start of the next question. The current minimum interval is 10 seconds. DPOR states that these two changes are being proposed based on industry standards and what is considered reasonable and fair to both examiners and examinees.² According to the American Polygraph Association, the revised standards promote the highest degree of decision accuracy in credibility assessment.³

Other. The proposal would allow licensees to provide notification of address change to DPOR by electronic means in addition to mail notification, which would likely reduce this administrative burden by a small amount. The remaining proposed changes would update and clarify provisions of the regulation, to include ensuring that the regulation reflects current agency procedures and practices. Notably in this category, the proposal would strike a $90 fee for application for the examiner's license. However, this fee has been inadvertently left in the regulatory text from past regulatory actions and has not been enforced in practice.

Businesses and Other Entities Affected. According to DPOR, as of January 1, 2025, there were 291 licensed polygraph examiners, 17 polygraph interns, and 13 approved training providers. The proposed regulatory changes would affect all licensees and ultimately may affect interns, should they obtain a license upon completion of their internship. No entity appears to be disproportionately affected. The Code of Virginia requires DPB to assess whether an adverse impact may result from the proposed regulation.⁴ An adverse impact is indicated if there is any increase in net cost or reduction in net benefit for any entity, even if the benefits exceed the costs for all entities combined.⁵ The addition of three new DPOR-approved training providers may indirectly have a negative impact on the 13 incumbent training providers due to increased competition. Moreover, DPOR states that it is unlikely that a licensee would perform more than five exams in a 24-hour period. Furthermore, the remaining proposals do not reduce revenues or increase costs to any entity. Thus, no direct adverse impact is indicated.

Small Businesses⁶ Affected.⁷ The proposed amendments do not directly adversely affect small businesses.

Localities⁸ Affected.⁹ The proposed amendments neither introduce costs for localities nor disproportionately affect any locality.

Projected Impact on Employment. Although the addition of three new providers may affect provider-specific demand for labor, and repealing the 12-month active practice requirement for licensure by reciprocity may expand the pool of eligible applicants, the net impact on total employment is unknown but would likely be small.

Effects on the Use and Value of Private Property. The addition of three new DPOR-approved training providers may affect their asset values positively and the asset values of the 13 incumbent providers negatively. The remaining changes pertain to licensed examiners and generally would reduce compliance costs by small amounts. In addition, many licensed polygraph examiners are employed by state or local law enforcement agencies rather than private businesses. Thus, the impact of licensee related changes on asset values of polygraph businesses is unlikely to be significant. No impact on real estate development costs is expected.

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¹ Section 2.2-4007.04 of the Code of Virginia requires that such economic impact analyses determine the public benefits and costs of the proposed amendments. Further the analysis should include but not be limited to: (1) the projected number of businesses or other entities to whom the proposed regulatory action would apply, (2) the identity of any localities and types of businesses or other entities particularly affected, (3) the projected number of persons and employment positions to be affected, (4) the projected costs to affected businesses or entities to implement or comply with the regulation, and (5) the impact on the use and value of private property.

² See 1.7.11 and 1.7.7 on page 6 at https://www.polygraph.org/docs/APA_STANDARDS_OF_PRACTICE_amended_23_August_2024.pdf.

³ Ibid. See page 1.

⁴ Pursuant to § 2.2-4007.04 D: In the event this economic impact analysis reveals that the proposed regulation would have an adverse economic impact on businesses or would impose a significant adverse economic impact on a locality, business, or entity particularly affected, the Department of Planning and Budget shall advise the Joint Commission on Administrative Rules, the House Committee on Appropriations, and the Senate Committee on Finance. Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation.

⁵ Statute does not define "adverse impact," state whether only Virginia entities should be considered, nor indicate whether an adverse impact results from regulatory requirements mandated by legislation. As a result, DPB has adopted a definition of adverse impact that assesses changes in net costs and benefits for each affected Virginia entity that directly results from discretionary changes to the regulation.

⁶ Pursuant to § 2.2-4007.04, small business is defined as "a business entity, including its affiliates, that (i) is independently owned and operated and (ii) employs fewer than 500 full-time employees or has gross annual sales of less than $6 million."

⁷ If the proposed regulatory action may have an adverse effect on small businesses, § 2.2-4007.04 requires that such economic impact analyses include: (1) an identification and estimate of the number of small businesses subject to the proposed regulation, (2) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the proposed regulation, including the type of professional skills necessary for preparing required reports and other documents, (3) a statement of the probable effect of the proposed regulation on affected small businesses, and (4) a description of any less intrusive or less costly alternative methods of achieving the purpose of the proposed regulation. Additionally, pursuant to § 2.2-4007.1 of the Code of Virginia, if there is a finding that a proposed regulation may have an adverse impact on small business, the Joint Commission on Administrative Rules shall be notified.

⁸ "Locality" can refer to either local governments or the locations in the Commonwealth where the activities relevant to the regulatory change are most likely to occur.

⁹ Section 2.2-4007.04 defines "particularly affected" as bearing disproportionate material impact.

Agency's Response to Economic Impact Analysis: The Department of Professional and Occupational Regulation concurs with the economic impact analysis prepared by the Department of Planning and Budget.

Summary:

The proposed amendments (i) expand the number of approved polygraphy training programs, (ii) remove the active practice requirement for polygraph examiner licensure by reciprocity, (iii) provide more flexibility in supervision of interns, (iv) conform two of the polygraph exam standards to industry benchmarks, and (v) allow electronic notification of licensee address changes to the department.

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 Examiners 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 that is continuously recording the examinee's reactions to questions.

"Reciprocity" means that 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 that concerns an issue identified to the examinee during the pretest and which that is to be reported by the licensee to any other person.

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

18VAC120-30-20. Explanation of terms. (Repealed.)

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.

18VAC120-30-30. Advisory board.

A. The Polygraph Examiners Advisory Board, consisting of eight members appointed by the director, shall will 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 will be composed of three Virginia licensed polygraph examiners employed by law enforcement 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 will serve a four-year term. No member shall will serve more than two consecutive four-year terms.

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

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

1. The applicant is at least 18 years old of age.

2. The applicant is in good standing as a licensed polygraph examiner in every jurisdiction where licensed. The applicant must disclose if he the applicant has had a license as a polygraph examiner which that was suspended, revoked, or surrendered in connection with a disciplinary action or which that 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 the applicant has been convicted in any jurisdiction of a felony or misdemeanor involving lying, cheating, stealing, sexual offense, non-marijuana 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. The department, in its discretion, may deny licensure to any applicant in accordance with § 54.1-204 of the Code of Virginia.

4. The applicant has disclosed the applicant's 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. 5. The applicant has signed, as part of the application, a statement certifying that the applicant has read and understands the Virginia polygraph examiner's license law and regulations.

7. 6. The applicant has submitted an application, provided by the department, which shall that must 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, or (ii) require a personal interview with the applicant, or (iii) both.

C. The applicant shall must 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.

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

A. A polygraph examiner intern registration shall will 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 of 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 the applicant 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 the applicant 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 an accredited Polygraph Association Training Program or an equivalent 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 will be valid for 12 months from the date of issue as indicated on the registration.

C. Each intern shall must 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.

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

A. A polygraph examiner license shall will 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 must 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 must 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 may 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 U.S. 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 will be granted his a polygraph examiners license provided the applicant is otherwise qualified.

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

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

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 A. Each licensee supervising the an intern shall must review the intern's charts for quality control and address any deficiencies found in the charts prior to the intern rendering an opinion or conclusion on any polygraph examination administered by the intern.

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

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.

18VAC120-30-100. Fees.

A. All application fees for licenses and registrations are nonrefundable and shall will 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. C. The following fees listed in the table apply:

FEE TYPE	AMOUNT DUE	WHEN DUE
Application for Examiner's License by Examination	$90 $200	With application
Application for Examiner's License by Reciprocity	$190	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	$110	Up to the expiration date on the license
Reinstatement	$150	From the expiration date to 24 calendar months after the expiration date on license

2. For renewal fees received on or before June 30, 2024, the fee shall be $40.

18VAC120-30-110. Examinations.

All examinations required for licensure shall must 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 must 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 advisory board evaluation. Applicants must pass the written examination in order to sit for the advisory board evaluation.

The applicant shall must 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 will be grounds for denial of application.

18VAC120-30-130. Procedures for renewal.

The department will mail a renewal application form to the licensee at the last known address of department record. Failure to receive this notice shall does not relieve the licensee of the obligation to renew. Prior to the expiration date shown on the license, each licensee desiring to renew his a license must return to the department all required forms and the appropriate fee as referenced in 18VAC120-30-100. Any licensee who fails to submit the renewal payment on or prior to the expiration date shall be required to must apply for reinstatement.

18VAC120-30-160. Qualifications for renewal.

A. Applicants for renewal of a license shall must continue to meet the standards for entry as set forth in subdivisions A 2 through A 5, A 3, and A 4 of 18VAC120-30-40.

B. The department may deny renewal of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to appeal request further review of any such action by the department under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

C. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall will result in delaying or withholding services provided by the department, such as renewal, reinstatement, or processing of a new application;, or exam administration.

18VAC120-30-170. Reinstatement required.

A. Any licensee who fails to renew his a license on or prior to the expiration date on the license shall be required to must apply for reinstatement and submit the proper fee referenced in 18VAC120-30-100.

B. Twenty-four calendar months after the expiration date on the license, reinstatement is no longer possible. To resume practice as a polygraph examiner, the former licensee must apply as a new applicant for licensure, meeting all then current then-current entry requirements at the time of reapplication, including retaking an examination.

C. Any examiner activity conducted subsequent to the expiration of the license may constitute unlicensed activity and may be subject to prosecution under § 54.1-111 of the Code of Virginia.

18VAC120-30-180. Qualifications for reinstatement.

A. Applicants for reinstatement of a license shall must continue to meet the standards for entry as set forth in subdivisions A 2 through A 5, A 3, and A 4 of 18VAC120-30-40.

B. The department may deny reinstatement of a license for the same reasons as it may refuse initial licensure or discipline a licensee. The licensee has a right to appeal request further review of any such action by the department under the Virginia Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia).

C. Failure to timely pay any monetary penalty, reimbursement of cost, or other fee assessed by consent order or final order shall will result in delaying or withholding services provided by the department, such as renewal, reinstatement, processing of a new application, or examination administration.

18VAC120-30-190. Status of a license during the period before reinstatement.

A. When a license is reinstated, the licensee shall will continue to have the same license number and shall be assigned an expiration date two years from the previous expiration date of the license.

B. A licensee who reinstates his a license shall will be regarded as having been continually licensed without interruption. Therefore, the licensee shall will remain under the disciplinary authority of the department during this entire period. Nothing in this chapter shall divest divests the department of its authority to discipline a licensee for a violation of the law or regulations during the period of licensure.

18VAC120-30-200. Polygraph examination procedures.

A. Each licensed polygraph examiner and registered polygraph examiner intern must post, in a conspicuous place for the examinee, his license or registration, or a legible copy of his license or registration to practice in Virginia.

B. A. The examiner shall 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.

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

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

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

F. 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).

18VAC120-30-210. Examination pretest procedure.

A. Prior to administering any polygraph test, the examiner shall must inform the prospective examinee of all the issues to be covered during the polygraph examination and of all the items to be reported by the examiner to any other person.

B. The examiner shall must obtain written permission from the prospective examinee to administer the examination after fulfilling the requirements of 18VAC120-30-200, and before proceeding further with the administration of the examination.

18VAC120-30-220. Examination standards of practice.

A. The examiner shall must comply with the following standards of practice and shall disclose to each examinee the provisions of this subsection and shall must not proceed to examine or continue the examination if it is or becomes apparent to the examiner that the examinee does not understand any of these disclosures:

1. All questions to be asked during the polygraph test(s) shall test must be reduced to writing and read to the examinee.

2. The examinee or the examiner may terminate the examination at any time.

3. If the examination is within the scope of § 40.1-51.4:3 of the Code of Virginia, the examiner shall must explain the provisions of that statute to the examinee.

4. No questions shall may be asked concerning any examinee's lawful religious affiliations, lawful political affiliations, or lawful labor activities. This provision shall does not apply to any such affiliation which that is inconsistent with the oath of office for public law-enforcement officers.

5. The examinee shall must be provided the full name of the examiner and the name, address, and telephone number of the department.

6. During no part of a preemployment polygraph examination shall may the examiner ask questions concerning an examinee's sexual preferences or sexual activities, except as in accordance with § 40.1-51.4:3 or 54.1-1806 of the Code of Virginia.

B. An examiner shall not must perform no more than 12 five polygraph examinations in any 24-hour period.

C. An examiner shall not must ask no more than 16 questions per chart on a single polygraph test. Nothing in this subsection shall prohibit prohibits an examiner from conducting more than one polygraph test during a polygraph examination.

D. An examiner shall must allow on every polygraph test a minimum time interval of 10 20 seconds between the examinee's answer to a question and the start of the next question.

E. An examiner shall must record, at a minimum, the following information on each polygraph test chart produced:

1. The name of the examinee;

2. The date of the examination;

3. The time that each test begins;

4. The examiner's initials name;

5. Any adjustment made to component sensitivity;

6. The point at which each question begins and each answer is given;

7. Each question number; and

8. Each answer given by the examinee.

F. An examiner shall must render only three evaluations of polygraph tests:

1. Deception indicated Significant response;

2. No deception indicated significant response; or

3. Inconclusive.

An examiner may include in his the examiner's report any information revealed by the examinee during the polygraph examination.

Nothing in this section shall prohibit prohibits an examiner from explaining the meaning of the above evaluations.

G. An examiner shall must not render a verbal or written report based upon polygraph test chart analysis without having conducted at least two polygraph charts. Each relevant question shall must have been asked at least once on each of at least two polygraph charts.

H. An examiner may make a hiring or retention recommendation for the examiner's employer, provided the hiring or retention decision is not based solely on the results of the polygraph examination.

18VAC120-30-230. Records.

The licensed polygraph examiner or registered polygraph examiner intern shall must maintain the following for at least one year from the date of each polygraph examination:

1. Polygraphic charts;

2. Questions asked during the examination;

3. A copy of the results and the conclusions drawn;

4. A copy of every written report provided in connection with the examination; and

5. Electronic recordings of examinations made in compliance with subsection C B of 18VAC120-30-200.

18VAC120-30-240. Prohibited acts.

The department may fine, deny, suspend, or revoke any license or registration, or deny or withdraw school approval upon a finding that the applicant, licensee, registrant, or school:

1. Has presented false or fraudulent information when applying for any license or registration, renewal of license or registration, or approval;

2. Has violated, aided, or abetted others to violate Chapters Chapter 1 (§ 54.1-100 et seq.) through, 2 (§ 54.1-200 et seq.), or 3 (§ 54.1-300 et seq.) of Title 54.1 or §§ 54.1-1800 through 54.1-1806 of the Code of Virginia, or of any other statute applicable to the practice of the profession herein regulated by this chapter, or of any provisions of this chapter;

3. Has been convicted or found guilty, regardless of the manner of adjudication, in any jurisdiction of the United States of any felony or non-marijuana misdemeanor. Review of convictions shall will be subject to the requirements of § 54.1-204 of the Code of Virginia. Any pleas of nolo contendere shall be considered a conviction for the purposes of this subsection. The record of a conviction authenticated in such form as to be admissible in evidence under the laws of the jurisdiction where the conviction occurred shall be forwarded to the board within 30 days of entry and shall be admissible as prima facie evidence of such conviction;

4. Has made, in the course of soliciting for or advertising a business or service licensed under § 54.1-1802 § 54.1-1802.1 of the Code of Virginia, a false, deceptive, or misleading statement orally, in writing, or in printed form;

5. Has allowed one's license or registration to be used by anyone else;

6. Has failed, within a reasonable period of time of 21 days, to provide any records or other information requested or demanded by the department;

7. Has displayed professional incompetence or negligence in the performance of polygraphy;

8. Has violated any provision of 18VAC120-30-220;

9. Has failed to maintain for a period of one year from the date of each administered polygraph examination a complete and legible copy of all documents relating to the polygraph examination including examination questions, results, conclusions drawn, and written or electronic reports;

10. Has failed to inform the board department in writing within 30 days that the regulant, school's owner, or instructor has pleaded guilty or nolo contendere or was convicted and found guilty of any felony or of a Class 1 misdemeanor or any non-marijuana misdemeanor conviction for activities carried out while engaged in the practice of polygraphy;

11. Has refused or failed, upon request, to produce to the board department, or any of its the department's agents, any document, book, or record, or copy of it any document, book, or record in the regulant's or school's school owner's possession concerning all records for which the regulant, school's school owner, or instructor is required to maintain; or

12. Has failed to respond to an investigator or provides false, misleading, or incomplete information to an investigator seeking information in the investigation of a complaint filed with the board department against the regulant, school's school owner, or instructor.

18VAC120-30-250. Maintenance of license.

A. Notice in writing shall must be given to the department in the event of any change of name or address. Such notice shall must be mailed made to the department within 30 days of the change of the name or location. The department shall will not be responsible for the licensee's or registrant's failure to receive notices, communications and, or correspondence caused by the licensee's or registrant's failure to promptly notify the department in writing of any change of name or address.

B. All licensees or registrants shall must operate under the name in which the license or registration was issued.

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

Schools seeking approval of their a polygraph curriculum shall must submit the application for approval of a polygraph school to the department for consideration. The application shall must 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; and

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

18VAC120-30-280. Instructor minimum requirements.

A. Any person teaching the subjects required by this regulation shall chapter must 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 of experience in the field of interrogation.

3. Physiological Aspects of Polygraphy. The instructor must have a degree in a health related 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 must 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.

18VAC120-30-290. Amendments and changes.

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