N.M. Code R. § 16.48.2.16

Current through Register Vol. 35, No. 9, May 7, 2024

Section 16.48.2.16 - QUALIFICATIONS AND EXPERIENCE REQUIREMENTS FOR APPLICANTS FOR A POLYGRAPH EXAMINER LICENSE

A.Application requirements: Applicants for licensure as a polygraph examiner must meet the qualifications and requirements described in Section 61-27B-13 NMSA 1978, and submit a completed application, which includes:

(1) general application information as listed in Subsection C of 16.48.2.8 NMAC;

(2) pass a jurisprudence examination to be administered by the department;

(3) copy of certificate of completion or diploma from an accredited polygraph examiners course approved by the department;

(4) name and license number of probationary sponsor or documentation of probationary completion, if applicable;

(5) biometric criminal history background check; and

(6) non-refundable application fee as set forth in Section 16.48.5 NMAC.

B. Probationary status: Applicants who have not been licensed for a minimum of two years immediately prior to the date of application must complete a probationary operational competency period consisting of at least six months, under the supervision of a New Mexico Licensed Polygraph Examiner. Upon successful completion of a written examination, a provisional license may be issued. During the probationary period:

(1) the polygraph examinations administered by the provisional licensee shall be reviewed for operational competency by a licensed polygraph examiner approved by the department to serve as a sponsor for the provisional licensee;

(2) the provisional licensee must conduct a minimum of 30 polygraph examinations, a minimum of five of which must be examinations, two of the "specific" examinations, and three of the "screening type" examinations must be performed in the presence of the sponsor, or recorded in their entirety for review by the sponsor. In the case of an applicant who conducts only "specific" examinations, a minimum of five "specific" examinations must be conducted in the presence of the sponsor, or recorded in their entirety for review by the sponsor.

(3) The sponsor must submit a progress report regarding the progress of the provisional licensee every 60 days on forms provided by the department.

(4) If an unsatisfactory report is submitted, the sponsor shall review the polygraph examinations administered by the provisional licensee for operational competency. Upon recommendation of the sponsor, the department may revoke the provisional license or take such action as it deems necessary to assure operational competency.

C.Non-probationary status: Applicants who have a current active license to practice polygraphy in another jurisdiction whose standards are equal to or greater than those in New Mexico for a minimum of two years immediately preceding the date of application, and no pending or formal disciplinary actions issued against the license in the last five years, are not required to complete the probationary period.

D.Federal criminal history report: Pursuant to Section 61-27B-34, NMSA 1978, all owners, director and officers of a private investigation company must submit to a biometric federal criminal background check, as set forth in Subsection H of 16.48.2.8 NMAC.

N.M. Code R. § 16.48.2.16

16.48.2.16 NMAC - Re-pr & A, 16.48.2.16 NMAC, 09/24/08; A, 08/30/09; A, 05/01/10, Amended by New Mexico Register, Volume XXX, Issue 01, January 15, 2019, eff. 1/15/2019, Amended by New Mexico Register, Volume XXXII, Issue 20, October 26, 2021, eff. 10/26/2021, Amended by New Mexico Register, Volume XXXIV, Issue 13, July 18, 2023, eff. 7/18/2023