2017 ORS 703.090¹
General polygraph examiner license qualifications
  • authority of department to require fingerprints
  • statement on refusal to issue license
  • limitations on liability of department

(1) All of the following requirements apply to an applicant for a license as a general polygraph examiner. The applicant must:

(a) Be at least 18 years of age.

(b) Be a citizen of the United States.

(c) Not have demonstrated, in the preceding 10 years, a course of behavior that indicates a high degree of probability that the applicant will be unlikely to perform the duties of a polygraph examiner in a manner that would serve the interests of the public.

(d) If previously convicted for a criminal offense, provide information, as required by the Department of Public Safety Standards and Training, relating to the circumstances of the conviction. ORS 670.280 (Denial, suspension or revocation of license based on criminal conviction) is applicable when the department considers information provided under this paragraph.

(e)(A) Have received a baccalaureate degree from a college or university that is accredited by the American Association of Collegiate Registrars and Admissions Officers; or

(B) Have graduated from high school or have been awarded a certificate for passing an approved high school equivalency test such as the General Educational Development (GED) test, and have at least five years of active investigative experience before the date of application.

(f) Have graduated from a polygraph examiners course approved by the department and conforming to any minimum training standards approved by the Board on Public Safety Standards and Training and have satisfactorily completed at least 200 examinations, or have worked as a polygraph examiner for a period of at least five years for a governmental agency within the State of Oregon and have satisfactorily completed at least 200 examinations.

(g) Have successfully completed an examination conducted by the department to determine, consistent with any standards approved by the board, competency to act as a polygraph examiner.

(2) An applicant meets the requirements of subsection (1)(e) or (f) of this section if the applicant provides the department with documentation of military training or experience that the department determines is substantially equivalent to the education or experience required by subsection (1)(e) or (f) of this section.

(3) For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195 (Criminal records check), the department shall require each applicant to be fingerprinted as part of the licensing procedure.

(4) When the department refuses to issue a license based upon an applicant’s failure to meet the requirements of subsection (1)(c) of this section, the department shall prepare a concise, specific written statement of the facts supporting the department’s conclusion that there is a high degree of probability that the applicant will be unlikely to perform required duties in a manner that would serve the interests of the public. A copy of the statement must be given to the applicant. ORS 181A.195 (Criminal records check) (10) does not apply to the department when the department refuses to issue a license under this subsection.

(5) The department and an employee of the department acting within the course and scope of employment are immune from any civil liability that might otherwise be incurred or imposed for refusing to issue a license under subsection (4) of this section. The department, an employee of the department acting within the course and scope of employment and an employer or employer’s agent who in good faith comply with the requirements of this section, any rules adopted by the department and the decision of the department or employee of the department acting within the course and scope of employment are not liable for employment-related decisions based on decisions made under this section. The department or an employee of the department acting within the course and scope of employment is not liable for defamation or invasion of privacy in connection with the lawful dissemination of information lawfully obtained under ORS 181A.195 (Criminal records check). [1975 c.608 §15; 1979 c.410 §9; 1997 c.853 §48; 2003 c.166 §4; 2005 c.730 §42; 2011 c.261 §1; 2012 c.43 §28; 2017 c.66 §29; 2017 c.228 §5]

Notes of Decisions

In prison disciplinary hearing, introduc­tion of actual ques­tions asked prisoner during polygraph examina­tion, re­gard­ing his involve­ment in alleged assault, constituted sufficient founda­tion for admission of record of polygraph test and conclusions of general polygraph examiner, notwithstanding that prisoner’s verbal answers were not recorded or introduced. Preston v. OSP, 35 Or App 799, 583 P2d 9 (1978)

1 Legislative Counsel Committee, CHAPTER 703—Truth Verification and Deception Detection; Investigators, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors703.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 703, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano703.­html (2017) (last ac­cessed Mar. 30, 2018).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.