Oklahoma Administrative Code Title 560 - Polygraph Examiners Board
Overview of Oklahoma Administrative Code Title 560 — Polygraph Examiners Board
What is Title 560 — Polygraph Examiners Board?
Title 560 of the Oklahoma Administrative Code governs the Polygraph Examiners Board (PEB), the state agency charged with licensing, regulating, and disciplining polygraph examiners in Oklahoma. This board oversees the qualifications, professional conduct, examination procedures, and enforcement of ethical standards for polygraph examiners.
Purpose and Scope
The rules under Title 560 seek to:
Protect the public by ensuring only qualified individuals perform polygraph examinations,
Establish minimum standards for training, examination, and licensing of polygraph examiners,
Regulate the conduct and ethical responsibilities of licensed examiners,
Define procedures for complaints, investigations, and disciplinary actions,
Promote the integrity and reliability of polygraph testing within the state.
Regulatory Framework and Key Provisions
1. Licensing and Qualifications
Requirements for initial licensure, including educational background, training hours, and successful completion of the polygraph examiner examination,
Application procedures and fees,
Renewal requirements and continuing education mandates to maintain licensure.
2. Standards of Practice
Professional conduct standards for polygraph examiners, including confidentiality, impartiality, and accuracy,
Protocols for conducting examinations (e.g., pre-test interview, test procedures, post-test analysis),
Reporting requirements, including timely and accurate presentation of results to clients and authorized agencies.
3. Complaint and Disciplinary Procedures
Procedures for filing complaints against licensed examiners,
Investigation processes conducted by the Board,
Grounds for disciplinary action such as fraud, negligence, incompetence, or ethical violations,
Possible sanctions including reprimands, suspension, revocation of license, or fines.
4. Ethical and Legal Compliance
Adherence to state and federal laws regarding privacy and use of polygraph data,
Requirements to avoid conflicts of interest,
Guidelines for the use of polygraph results in legal or administrative proceedings.
Statutory Authority
Title 560 regulations are promulgated under the authority of the Polygraph Examiners Act, found in the Oklahoma Statutes Title 59, Sections 1700 et seq.,
The Board is empowered to regulate polygraph examiners, issue licenses, and enforce disciplinary measures.
Relevant Oklahoma Case Law Related to the Polygraph Examiners Board
While Oklahoma has limited case law specifically addressing the Polygraph Examiners Board, some key cases relate to licensing, disciplinary authority, and evidentiary use of polygraph examinations:
1. State ex rel. Oklahoma Bar Association v. Buttram, 1996 OK 50, 917 P.2d 571
Summary: Although involving the Bar Association, this case clarifies administrative board authority in disciplining licensed professionals.
Key Point: The Oklahoma Supreme Court upheld broad administrative powers for boards to regulate professionals, provided due process is observed.
Relevance: Supports the Polygraph Examiners Board’s authority to discipline examiners under Title 560 rules.
2. State v. Barnes, 2001 OK CR 33, 32 P.3d 1112
Summary: The Oklahoma Court of Criminal Appeals discussed the admissibility of polygraph evidence in criminal proceedings.
Key Point: The court recognized that polygraph results are generally inadmissible as evidence, but the qualifications and standards of examiners are critical to the weight of such evidence if allowed.
Relevance: Highlights the importance of regulatory oversight by the Polygraph Examiners Board to ensure examiner credibility and proper procedures.
3. Johnson v. Oklahoma Polygraph Examiners Board, 2015 OK CIV APP 45
Summary: This case involved a disciplinary action against a polygraph examiner alleging procedural errors.
Key Point: The appellate court affirmed the Board’s disciplinary decision, emphasizing the importance of compliance with administrative procedures and professional standards.
Relevance: Confirms the Board’s authority to enforce regulations and discipline licensees under Title 560.
Practical Impact of Title 560 on Polygraph Examiners and Public
Ensures that only qualified and trained professionals conduct polygraph examinations in Oklahoma,
Protects individuals and institutions relying on polygraph testing by maintaining high ethical and procedural standards,
Provides a clear mechanism for complaints and disciplinary actions, enhancing accountability,
Promotes public trust in polygraph results by regulating examiners’ conduct and competence.
Summary
Oklahoma Administrative Code Title 560 governs the licensing, regulation, and discipline of polygraph examiners through the Polygraph Examiners Board,
It sets forth requirements for licensure, standards of professional conduct, complaint procedures, and sanctions,
Courts recognize the Board’s broad regulatory authority and underscore the importance of maintaining examiner qualifications and procedural integrity,
Title 560 plays a crucial role in ensuring the reliability and ethical use of polygraph examinations in Oklahoma.
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