Ala. Admin. Code r. 740-X-5-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 740-X-5-.03 - Incompetency Defined

Pursuant to the authority and responsibility vested in it by the Alabama Polygraph Examiners Act, and pursuant to the provisions of §§ 34-25-5(a), 34-25-32(4)(6) of that act, the Board defines incompetency to include, but not be limited to, violation of any of the following minimum standards of competency:

(a) No examiner will use equipment which does not meet all the minimum requirements prescribed in § 34-25-3 of the act.

(b) No examiner will ask a question during a polygraph examination without first reviewing that question with the examinee.

(c) No examiner will ask a question during a polygraph examination without waiting not less than ten seconds between the end of the preceding answer by the examinee and the beginning of the next question by the examiner.

(d) No examiner will rely upon a polygraph chart which contains less than seven questions.

(e) No examiner will render a verbal or written conclusion or opinion based, in whole or in part, on polygraph chart analysis of any question without having asked that question at least two times.

(f) No examiner will perform more than six polygraph examinations in any one calendar day.

(g) No examiner will produce a polygraph chart which is not adequately marked by the examiner to identify at a minimum each of the following: the individual being tested, the date of the examination, the time of the chart, the chart and test number, and the examiner's initials. Where charts are produced from instruments which contain electronically enhanced components, an examiner will mark such charts to show the sensitivity level at the beginning of the chart and at any point where the sensitivity level is changed.

(h) No examiner will render a verbal or written conclusion or opinion based upon a polygraph examination performed on an examinee whom the examiner knows or has reason to believe is physically or mentally unfit.

(i) No examiner will report information as factual which the examiner obtained through any means other than personally conducting an interview of the individual being tested, provided, that an examiner is not precluded from rendering a professional opinion based on chart analysis even absent substantive admissions by the individual being tested.

(j) No examiner will conduct a pre-test interview in any manner other than personally and an examiner must conduct each pre-test interview, in its entirety, personally.

Ala. Admin. Code r. 740-X-5-.03

Amended by Alabama Administrative Monthly Volume XXXII, Issue No. 11, August 29, 2014, eff. 8/28/2014.

Author: Polygraph Examiners Board

Statutory Authority:Code of Ala. 1975, §§ 34-25-5(a), 41-22-4.