Current through September 17, 2024
Section 433-1-009 - RULES OF CONDUCT009.01 A person conducting a truth and deception examination as prescribed by this act shall, in case of every truth and deception examination, do the following: 009.01A. Conduct all examinations in the physical presence of the examinee.009.01B. Personally obtain a written consent from the examinee prior to administering an examination, unless such examination is a requirement of law or judicial ruling. Then obtaining such a release is not required. The consent shall contain as a minimum, all of the following: 009.01B1. The name of the examinee009.01B2. The name of the examiner, and license description.009.01B3. The date, time and location of the examination.009.01B4. An explanation of the nature and purpose of the examination which has been made by the examiner.009.01B5. An explanation that the examination is voluntary and that the examinee may discontinue the examination at any time.009.01B6. The type of instrumentation used to conduct the examinations.009.01B7. The name of the person, company, corporation, firm or agency requesting the examination.009.01B8. The name of the person, company, corporation, firm or agency to whom the written results of the examination will be provided.009.07B9. The signature of the examinee or witnessed mark of the examinee.009.07B10. The signatures of witnesses, monitors, and interns participating in the examination.009.01C. Develop an opinion concerning an examinee's truthfulness or deception based upon the examination conducted, or an opinion that the examiner could not reach a conclusion from the testing conducted.009.01D. The examiner shall insure the equipment used to conduct a truth and deception examination is maintained in working order, and prior to testing insure that it is in working order.009.01E. An examiner shall, prior to examination, insure the purpose of the examination is not to circumvent or defy the law.009.01F. No examiner shall conduct an examination of any examinee he or she believes, through observation, interview or other credible evidence, to be physically or psychologically unfit for such an examination at the time.433 Neb. Admin. Code, ch. 1, § 009