338.1701 Short title. Sec. 1. This act shall be known and may be cited as the “forensic polygraph examiners act”. History: 1972, Act 295, Eff. Mar. 30, 1973 Compiler’s Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, […]
338.1702 Persons not exempted from act. Sec. 2. A person who purports to be able to detect deception, or verify truthfulness through instrumentation, or who purports to offer or have available such services, shall not be held exempt from the provisions of this act because of the terminology which he may use to refer to […]
338.1703 Definitions. Sec. 3. As used in this act: (a) “Person” means any natural person, firm, association, partnership, or corporation. (b) “Examiner” means any person, other than an intern, who does any of the following: (i) Purports to detect deception, verify truthfulness, or provide a diagnostic opinion of these matters through instrumentation or the use […]
338.1704 Minimum standards for instruments or devices. Sec. 4. A person shall not use, or attempt to use any instrument or device for the purpose of detecting deception, verifying truthfulness or assisting in the reporting of a diagnostic opinion as to either of these unless such instrument or device, as minimum standards, shall be capable […]
338.1705 State board of forensic polygraph examiners; creation; appointment, terms, and qualifications of members; vacancy. Sec. 5. (1) The state board of forensic polygraph examiners is created within the department of state police and shall consist of 5 members appointed by the governor with the advice and consent of the senate for terms of 4 […]
338.1706 State board of forensic polygraph examiners; election of officers; conducting business at public meeting; notice of meeting; additional meetings; examinations for examiner’s licenses; quorum; majority vote required; expenses; annual report; availability of report and other writings to public. Sec. 6. (1) The board shall meet not more than 30 days after it is constituted […]
338.1707 Rules; filing of applications; collection and disposition of fees; order as prima facie proof; appropriation of funds. Sec. 7. (1) The department shall promulgate rules consistent with the provisions of this act for the dissemination, retention and destruction of polygraph results to protect the general public for the administration and enforcement of this act […]
338.1708 Activities requiring license. Sec. 8. A person, including city, county or state employees, shall not use or attempt to use any instrumentation or mechanical device for the purpose of detecting deception, verifying truthfulness or reporting a diagnostic opinion regarding either of these; purport to detect deception or verify truthfulness through instrumentation or mechanical devices; […]
338.1709 Examiner’s license; issuance without examination; conditions and qualifications. Sec. 9. A person upon application to the board dated within 1 year after the effective date of this act, and upon payment of the required license fee, shall be issued an examiner’s license hereunder, without examination, if he satisfies the registration requirements established by the […]
338.1710 Examiner’s license; qualifications. Sec. 10. (1) Upon application and payment of the required fee, a person fulfilling the following is qualified to receive a license as an examiner: (a) Is at least 18 years of age. (b) Is a citizen of the United States. (c) Has not been under sentence for the commission of […]
338.1711 Intern’s license; qualifications. Sec. 11. A person is qualified to receive a license as an intern who satisfies the board that he is engaging in an approved internship training program and that he substantially fulfills the basic requirements of this act for licensing as an examiner. The applicant shall not be required to fulfill […]
338.1712 Temporary examiner’s license; qualifications. Sec. 12. A person is entitled to receive a temporary examiner’s license who fulfills the requirements of the board for such licensing and who satisfies the board that he is either 1 of the following: (a) That he qualifies under section 9. (b) That he does not meet the residence […]
338.1713 Irrevocable consent by nonresident applicant to service of process. Sec. 13. A nonresident applicant for an intern’s license or a temporary examiner’s license shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court in any county of this state in which the plaintiff resides or in which […]
338.1714 Reciprocity. Sec. 14. An applicant who is an examiner, licensed under the laws of another state or territory of the United States, may be issued appropriate license without examination by the board upon payment of the required fee and the production of satisfactory proof: (a) That the requirements for the licensing of examiners in […]
338.1715 Fees; receipt of completed application; time period for issuance of license; report; “completed application” defined. Sec. 15. (1) The fees to accompany applications under this act are as follows: (a) Private examiner’s license, original, $100.00; renewal, $50.00. (b) Public examiner’s license, original, $25.00; renewal, $25.00. (c) Temporary examiner’s license, original and renewal: (i) Residents […]
338.1716 Duration of licenses. Sec. 16. Licenses shall be issued for terms as follows: (a) Temporary examiner’s licenses issued to applicants who qualify under section 9 and examiner’s licenses shall be issued for the term of 1 calendar year, or such portion thereof as remains at the time issued. Each license shall be renewed during […]
338.1717 Specific requirements as to licenses. Sec. 17. The board shall establish requirements for the form, issuance, display, change of address notification, surrender and evidence of licenses. History: 1972, Act 295, Eff. Mar. 30, 1973 Compiler’s Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing […]
338.1718 Renewal of examiner’s license. Sec. 18. The license of an examiner which has not been revoked or is not suspended shall be renewed annually upon application and payment of the required fee by the examiner. History: 1972, Act 295, Eff. Mar. 30, 1973 Compiler’s Notes: For transfer of powers and duties of certain occupational […]
338.1719 Refusal to issue or suspension or revocation of license; grounds. Sec. 19. The board may refuse to issue a license, or may suspend or revoke a license on 1 or more of the following grounds, if the holder or applicant for a license has: (a) Made a material misstatement in the application for a […]
338.1720 Investigating actions of applicant or licensee; motion or complaint; notice or charges; service of notice; hearing; evidence; continuance; location of hearing; closed hearing; request for public hearing. Sec. 20. The board upon its own motion and, upon the verified complaint in writing of a person setting forth facts which, if proved, would constitute grounds […]
