2017 ORS 703.210¹
Suspension, revocation or issuance refusal
  • conditions

The Department of Public Safety Standards and Training may refuse to issue, or may revoke or suspend the license of any person as a polygraph examiner or trainee, if it finds that the person:

(1) Failed to inform an individual being examined as to the nature of the examination or failed to advise the individual or the representative of the individual of the results of the examination;

(2) Failed to inform an individual being examined that participation in the examination is voluntary;

(3) Made a material misstatement in application for an original or renewal license under ORS 703.010 (Definitions) to 703.310 (Polygraph equipment requirements);

(4) Willfully disregarded or violated any provision of ORS 703.010 (Definitions) to 703.310 (Polygraph equipment requirements) or any rule adopted pursuant thereto, including but not limited to the willful making of a false report of a polygraph examination;

(5) Made any willful misrepresentation or employed any false or misleading advertising to obtain business or the services of a trainee;

(6) Has demonstrated any inability or incompetency to carry out the duties of a polygraph examiner;

(7) Has permitted a license granted to the person under ORS 703.010 (Definitions) to 703.310 (Polygraph equipment requirements) or any rule adopted pursuant thereto to be used by another person;

(8) Has willfully aided or abetted any violation of ORS 703.010 (Definitions) to 703.310 (Polygraph equipment requirements) or any rule adopted pursuant thereto; or

(9) Has failed, within a reasonable time, to provide any information requested by the department after the receipt by the department of a complaint alleging that such person has violated a provision of ORS 703.010 (Definitions) to 703.310 (Polygraph equipment requirements) or any rule adopted pursuant thereto. [1975 c.608 §21; 1997 c.853 §55]

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.