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Title 32 - §7151. Short title

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7151. Short title

This chapter shall be known and may be cited as the Polygraph Examiners Act. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7152. Purpose

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7152. Purpose

It is the purpose of this chapter to regulate all persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation, such as lie detectors, polygraphs, deceptographs, psychological stress evaluators or similar or related devices and instruments without regard to the nomenclature applied thereto and this chapter shall be liberally construed to regulate all these persons and instruments. No person who purports to be able to detect deception or to verify truth of statements through instrumentation shall be held exempt from this chapter because of the terminology which he may use to refer to himself, to his instrument or to his services. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7153. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7153. Definitions

As used in this chapter, unless the context otherwise indicates, the following words shall have the following meanings. [1979, c. 209, § 2 (new).]

1. Commissioner. "Commissioner" means the Commissioner of the Department of Public Safety. [1979, c. 209, § 2 (new).]

2. Internship. "Internship" means the study of polygraph techniques and of the administration of polygraph examinations by a trainee under the personal supervision and control of a licensed polygraph examiner in accordance with a course of study prescribed by the commissioner at the commencement of the internship. [1979, c. 209, § 2 (new).]

3. Person. "Person" means any natural person, firm, association, partnership, corporation, government agency or subdivision, or any employee or agent thereof. [1979, c. 209, § 2 (new).]

4. Polygraph. "Polygraph" means a lie detector, polygraph, deceptograph, psychological stress evaluator or other device, mechanism or instrument, regardless of what it is called, which is operated or the results of which are used or interpreted by a polygraph examiner for the purpose of detecting deception or verifying truth of statements. [1979, c. 209, § 2 (new).]

5. Polygraph examination. "Polygraph examination" means any test administered by a polygraph examiner using a polygraph. [1979, c. 209, § 2 (new).]

6. Polygraph examiner. "Polygraph examiner" means any person who purports to be able to detect deception or verify truth of statements through the use of polygraph. [1979, c. 209, § 2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7154. Prohibitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7154. Prohibitions

It shall be unlawful for any person to administer polygraph examinations or to attempt to hold himself out as a polygraph examiner or to refer to himself by any other title which would indicate or which is intended to indicate or calculated to mislead members of the public into believing that he is a polygraph examiner without first securing a license as provided. This prohibition does not apply to any employee of the Federal Government who administers polygraph examinations in the course of his employment or who holds himself out as a polygrapher in connection with his employment. The nonlicensing provisions of this chapter shall apply to that person as if he were subject to licensing requirements. [1979, c. 209, §2 (new).] div>
It is unlawful for a polygraph examiner conducting a polygraph examination to ask any questions pertaining to sexual behavior of any type or questions that could be construed as being sexually oriented, unless the examination is conducted in the course of either a criminal investigation by law enforcement officials or in the course of civil litigation in which sexual behavior is at issue or is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment. This prohibition does not apply to polygraph examinations for applicants for positions in law enforcement agencies. If the polygraph examination is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment, the results of the examination are not admissible into evidence in a court proceeding. [2001, c. 386, §7 (amd).] div>
It shall be unlawful for any polygraph examiner to probe the political or religious beliefs of any individual during any polygraph examination, except when the examination is conducted in the course of a criminal investigation conducted by law enforcement officials and the policial or religious beliefs of the individual may be relevant to that investigation. [1979, c. 541, Pt. B, §42 (amd).] div>
It shall be unlawful for any polygraph examiner to subject a person to a polygraph examination without that person's full knowledge and consent. [1979, c. 209, §2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7155. Examiner's license qualifications

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7155. Examiner's license qualifications

1. Qualifications. A person is qualified to receive a license as a polygraph examiner:

A. Who is at least 21 years of age; [1979, c. 209, § 2 (new).]

B. Who has not been convicted of a crime involving moral turpitude; [1979, c. 209, § 2 (new).]

C. Who is a graduate of an accredited high school or who has been granted high school equivalency status by the State; [1979, c. 209, § 2 (new).]

D. Who is a graduate of a polygraph examiners course approved by the commissioner and has satisfactorily completed not less than 6 months of internship; and [1979, c. 209, § 2 (new).]

E. Who has passed an examination, including a practicum, conducted by the commissioner, or under his supervision, to determine his competency to administer polygraph examinations. [1979, c. 209, § 2 (new).] [1979, c. 209, § 2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7156. Acquisition of license by present examiners

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7156. Acquisition of license by present examiners

Subject to section 7161, any person who is actually engaged in the occupation, business or profession of a polygraph examiner on the effective date of this chapter, shall, upon application within 90 days after the effective date of this chapter, compliance with section 7155, subsection 1, paragraph E, and payment of the required license fee, be issued a polygraph examiner's license, provided that the commissioner may require the applicant to submit satisfactory proof that he is so engaged. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7157. Application for original license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7157. Application for original license

Applications for original licenses shall be made to the commissioner in writing under oath on forms prescribed by him and shall be accompanied by the required fee which is not refundable. Any application shall require such information as in the judgment of the commissioner will enable him to pass on the qualifications of the applicant for the license. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7158. Applicant with out-of-state license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7158. Applicant with out-of-state license

Subject to section 7161, an applicant who is a polygraph examiner, licensed under the laws of another state or territory of the United States, shall be issued a license without examination by the commissioner upon payment of the polygraph examiner license fee and the production of satisfactory proof that: [1979, c. 209, § 2 (new).]

1. Age. He is at least 21 years of age; [1979, c. 209, § 2 (new).]

2. Equivalency of requirements. The requirements for the licensing of a polygraph examiner in that particular state or territory of the United States were at the date of the applicant's licensing therein substantially equivalent to the requirements now in force in this State; and [1979, c. 209, § 2 (new).]

3. Reciprocity. The other state or territory grants similar reciprocity to license holders in this State. [1979, c. 209, § 2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7159. Internship license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7159. Internship license

The commissioner shall issue an internship license to a trainee provided he applies for the license and pays the required fee within 10 days prior to the commencement of his internship. The application shall contain such information as may be required by the commissioner. [1979, c. 209, § 2 (new).] div>
An internship license shall be valid for the term of 12 months from the date of issue. The license may be extended or renewed for any term not to exceed 6 months upon good cause shown to the commissioner. [1979, c. 209, § 2 (new).] div>
A trainee shall not be entitled to hold an internship license after the expiration of the original 12-month period and 6-month extension, if the extension is granted by the commissioner, until 12 months after the date of expiration of the last internship license held by the trainee. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7160. Termination and renewal of examiner's license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7160. Termination and renewal of examiner's license

Each polygraph examiner's license shall be issued for a term of 2 years and shall, unless suspended or revoked, be renewed biennially as prescribed by the commissioner. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7161. Refusal; suspension; revocation; grounds

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7161. Refusal; suspension; revocation; grounds

1. Grounds. The commissioner shall have the authority after a hearing in conformance with Title 5, section 9051 et seq., to refuse to issue or renew a license. The District Court Judge shall have the power to suspend or revoke the license of any person licensed under this chapter. The commissioner may refuse to issue or renew a license and the District Court may suspend or revoke a license on any one or more of the following grounds:

A. For failing to inform a subject to be examined as to the nature of the examination and of the specific questions to be asked; [1979, c. 209, §2 (new).]

B. For failing to inform a subject to be examined that his participation in the examination is voluntary; that he has the right to terminate an examination at any point without prejudice and that should he refuse or decline to submit to a polygraph examination, that the refusal or declination would not be the basis for any inference or act to his legal prejudice; [1979, c. 209, §2 (new).]

C. For failing to inform a person of his constitutional rights concerning self-incrimination under the 5th amendment of the Constitution of the United States when the polygraph examination is being conducted by or for a law enforcement agency or other entity when the person to be tested is suspected of criminal activity and where criminal charges could result should the person being examined make admissions against interest; [1979, c. 209, §2 (new).]

D. For asking a person being examined on the polygraph questions concerning sexual behavior except as provided for in section 7154; [1979, c. 209, §2 (new).]

E. For failure to discuss any reactions with the person being examined on the polygraph which could be indicative of deception and not providing the person an opportunity to offer explanations for the responses; [1979, c. 209, §2 (new).]

F. For failure to inform a person examined by polygraph of the results of the examination if so requested; [1979, c. 209, §2 (new).]

G. For conducting a polygraph examination of a person when he has reason to believe the examination is intended to interfere with or prevent the lawful organizational activities of a labor union; [1979, c. 209, §2 (new).]

H. For material misstatements in the application for original license or in the application for any renewal license under this chapter; [1979, c. 209, §2 (new).]

I. For willful disregard or violation of this chapter or of any regulation or rule issued pursuant thereto, including, but not limited to, willfully making a false report concerning an examination for polygraph examination purposes; [1979, c. 209, §2 (new).]

J. For the holder of any license having been adjudged guilty of the commission of a crime involving moral turpitude; [1979, c. 209, §2 (new).]

K. For making any willful misrepresentation or false promise or causing to be printed any false or misleading advertisement for the purposes of directly or indirectly obtaining business or trainees; [1979, c. 209, §2 (new).]

L. For having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter; [1979, c. 209, §2 (new).]

M. For allowing one's license under this chapter to be used by an unlicensed person in violation of this chapter; [1979, c. 209, §2 (new).]

N. For willfully aiding or abetting another in violation of this chapter or any regulation or rule issued thereto; [1979, c. 209, §2 (new).]

O. For the license holder having been found to be an habitual abuser of drugs or alcohol, or mentally incompetent; or [1979, c. 209, §2 (new).]

P. For failing, within a reasonable time, to provide information requested by the commissioner as the result of a formal complaint to the commissioner which would indicate a violation of this chapter. [1979, c. 209, §2 (new).]

[1979, c. 209, §2 (new); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7162. Violation by one examiner or trainee not to affect employer

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7162. Violation by one examiner or trainee not to affect employer

Any unlawful act or violation of this chapter on the part of any polygraph examiner or trainee is not cause for revocation of the license of any other polygraph examiner for whom the offending examiner or trainee may have been employed unless it appears to the satisfaction of the commissioner that the polygraph examiner-employer has willfully or negligently aided or abetted the illegal actions or activities of the offending polygraph examiner or trainee. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7163. Application of Administrative Procedure Act

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7163. Application of Administrative Procedure Act

The Maine Administrative Procedure Act, Title 5, section 8001, et seq., applies to and governs all administrative actions taken under this chapter. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7164. Surrender of license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7164. Surrender of license

Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the commissioner. Failure of a licensee to do so shall be a violation of this chapter and upon conviction, shall be subject to the penalties set forth. At any time after the suspension or revocation of any license, the commissioner shall restore it to the former licensee if he finds that the former licensee qualifies for the license in all other respects and that the conduct giving rise to the suspension or revocation is not continuing and that there is good reason to believe that it will not be repeated. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7165. Jurisdiction over nonresidents

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7165. Jurisdiction over nonresidents

In addition to any other method provided by rule or by statute, if a polygraph examiner licensed under this chapter is not a resident of this State and engages in conduct subject to this chapter, personal jurisdiction in the Superior and District Courts of this State may be acquired by service of process upon the commissioner and mailing forthwith a copy of the process and pleading by registered or certified mail to the defendant at his last reasonably ascertainable address. An affidavit of compliance with this paragraph shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7166. Limitations on uses in employment

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7166. Limitations on uses in employment

1. Preemployment screening. No employer may, directly or indirectly, require, request or suggest that any applicant for employment submit to a polygraph examination as a condition of obtaining employment, or administer or cause to be administered to an applicant any such examination, or use or refer to the results of such an examination for hiring purposes. For purposes of this subsection, "employer" shall include an employment agency and "applicant" shall include any person seeking to use an employment agency's services. [1979, c. 209, § 2 (new).]

2. Current employees. No employer may, directly or indirectly, require, request or suggest that any employee submit to a polygraph examination as a condition of employment, or administer or cause to be administered to any employee any such examination, or use or refer to the results of such an examination for employment purposes. [1979, c. 209, § 2 (new).]

3. Exceptions.

A. This section shall not apply to employees of or applicants for employment with law enforcement agencies; [1979, c. 209, § 2 (new).]

B. Nothing in subsection 2 shall prohibit either an employee from voluntarily requesting a polygraph examination in connection with his employment or an employer from using or referring to the results of any examination so requested, provided that the results of that examination may not be used against the employee by the employer for any purpose, that the employer shall give the employee a copy of this Act when the employee requests the examination, and that the examination is recorded or that a witness of the employee's choice is present during the examination, or both, as the employee requests. [1979, c. 209, § 2 (new).] [1979, c. 209, § 2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7167. Penalties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7167. Penalties

Any person who violates any provision of this chapter or any person who falsely states or represents that he has been or is a polygraph examiner or trainee or that he is qualified to apply instrumentation to the detection of deception or verification of truth of statements is guilty of a Class D crime. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7168. Rules

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7168. Rules

The commissioner shall adopt rules necessary to administer this chapter, including, but not limited to, fixing application and license fees adequate to defray the costs of administration, and establishing an internship program to ensure free entry into the profession in order to promote competition under this chapter. [1979, c. 209, § 2 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §7169. Admissibility of evidence

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 85: POLYGRAPH EXAMINERS
§7169. Admissibility of evidence

The fact that evidence was obtained in violation of this chapter shall not render the evidence inadmissible in any criminal, civil or administrative proceeding. [1979, c. 541, Pt. B, § 43 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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