Ala. Admin. Code r. 740-X-5-.04

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

Section 740-X-5-.04 - Unworthiness 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 the act, the Board defines unworthiness to include, but not be limited to, violation of any of the following minimum standards of worthiness:

(a) No examiner will knowingly issue a polygraph examination report or render a verbal written conclusion or opinion which is misleading, biased or falsified in any way. Each polygraph report will be a factual, impartial, and objective account of the pertinent information developed during the examination, and the examiner's professional opinion based on analysis of the polygraph charts.

(b) No examiner will conclude a polygraph examination session without affording the examinee a reasonable opportunity to explain any reactions to pertinent questions which are evident on the charts.

(c) No examiner will solicit or attempt to solicit other business as a result of information or statements obtained from an examinee.

(d) No examiner will ask questions that either are or can reasonably be construed to be sexually oriented, unless the questions are relevant to the legitimate purpose of the examination, and unless the examiner explains the questions and their relevancy to the examinee before asking the question.

(e) No examiner will fail to permit an inspection authorized pursuant to Rule 740-X-6-.03.

(f) No examiner will fail to cooperate with the Board or any officer or agent thereof in any Board-authorized investigation conducted pursuant to Rule 740-X-6-.02.

(g) No examiner will conduct a polygraph examination which has as its primary purpose influencing the future conduct of an examinee rather than detecting deception or veracity on the part of the examinee.

(h) No examiner will fail to immediately notify the Board of the cancellation or discontinuance of his surety bond as required by Rule 740-X-3-.15.

(i) No examiner will conduct a polygraph examination unless a surety bond, as required by Rule 740-X-3-.14, is in effect.

(j) No examiner will conduct himself in a manner which reflects that he is a person of dishonesty or untruthfulness, or that he lacks integrity or is morally unfit.

(k) No examiner will violate any provision of any rule of these rules and regulations.

Author: Polygraph Examiners Board

Ala. Admin. Code r. 740-X-5-.04

Filed October 8, 1981.

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