Alabama Administrative Code

(1) Any interested person may petition the Board requesting the adoption, amendment or repeal of a rule. The petition must be in writing and must include:(a) The name and address of the petitioner. (b) An exact statement of the proposed rule, amendment or identification of the ru…

Any person substantially affected by a rule may petition the Board for a declaratory ruling on whether a rule is valid or whether a rule or statute enforced by the Board is applicable to any person, property or state of facts or about the meaning and scope of any order of the Boa…

(1) The Board is made up of five members, each of whom:(a) Must be a practicing polygraph examiner at the time of appointment, (b) Must have been a practicing polygraph examiner for the four years immediately preceding appointment, (c) Must have been a resident of the State of Al…

Two consultants will be appointed to advise and assist the Board. One consultant must be an attorney licensed to practice law in this state and the other consultant must be a qualified psychologist or psychiatrist. Board consultants will be paid the same mileage and attendance fe…

The Board's office is at Room B4-128, 301 South Ripley Avenue, Montgomery, Alabama. The Board's mailing address is P. O. Box 1511, Montgomery, Alabama 36102-1511. The Board's telephone number is (334) 353-1881. The Board's office hours are from 8 AM to 5 PM Monday through Friday …

Requests for information may be made at the Board office by writing the Board or by contacting individual Board members. Author: Polygraph Examiners Board Notes Ala. Admin. Code r. 740-X-2-.04 Filed February 7, 1984. Statutory Authority: Code of Ala. 1975, §§ 34-25-5(a), 41-22-4.…

(1) The qualifications which a person must possess in order to receive a license as a polygraph examiner are those which are set out in § 34-25-21 of the act. (2) Pursuant to the authority vested in it by Code of Ala. 1975, § 34-25-21(a)(6), the Board will approve those polygraph…

In order to be complete, all applications for a polygraph examiner's license must contain, with each application: (a) An application form, prescribed and supplied by the Board, completed by the applicant in writing under oath, with necessary supporting documents; (b) A personal o…

Applications will be treated in the following manner: (a) The Board will review each application at the Board's first meeting following receipt of the application. (b) If an application is incomplete or otherwise inadequate, the Board will notify the applicant, and no other Board…

(1) It is the obligation of any applicant who is unable to attend a scheduled examination to notify the Board in advance. (2) Any applicant who fails to appear for the initially scheduled examination will be notified to appear at a second scheduled examination. (3) Failure, for a…

(1) Except as provided in Rule 740-X-3-.06, before each applicant is licensed, that applicant must:(a) Submit to the Board the test data and results from a minimum of 10 examinations performed by the applicant; (b) Pass a written examination given by the Board; and (c) Undergo a …

(1) Full reciprocity agreements, the privileges of which are available to all examinees licensed by reciprocal states, shall be governed by § 34-25-24 of the act. (2) The Board may enter into limited reciprocal agreements, the privileges of which are available only to qualified e…

(1) The term of a polygraph examiner's license in Alabama runs from October 1 to September 30 of each year. (2) Applications for license renewal shall be made upon forms prescribed and supplied by the Board. (3) The application for renewal and the renewal license fee, which are p…

The secretary of the Board may issue an Intern polygraph examiner's license pending the Board's approval of the application at the next Board meeting. A Intern license may be issued only if the application is complete and ready for Board action. Notes Ala. Admin. Code r. 740-X-3-…

A "bad check" is a check received by the Board from an applicant, intern, or examiner, which is returned to the Board unpaid for any reason. The following procedures will govern the receipt of bad checks by the Board: (a) If the check is from an applicant for an original examiner…

All polygraph examiners licensed in the State of Alabama on October 1, 1991, will be exempt from the one time investigative fee and original licensing fee formerly required of governmental examiners entering private practice. The renewal license fee, provided for in Code of Ala. …

(1) The license form approved by the Board will contain the full name of the licensee, the date of issuance and expiration of the license, the seal of the Board, the document control number, and the signature of the members of the Board. (2) The Board will issue to each licensed …

The polygraph examiner's license is issued by the Board as a determination of the professional qualifications of the licensee. It is not a license to do business, and it does not relieve the examiner of the obligation to comply with state and local business license requirements. …

It is the duty of each intern and examiner to properly notify the Board of any change in his mailing address. Author: Polygraph Examiners Board Notes Ala. Admin. Code r. 740-X-3-.13 Filed October 8, 1981. Statutory Authority: Code of Ala. 1975, §§ 34-25-5(a), 41-22-4.

Every polygraph examiner, whether a commercial examiner or a governmental examiner, must be insured or bonded as an individual in an amount to be determined by the Board and proof that an examiner has such a bond or insurance must be presented to the Board with that examiner's ap…

It is the duty of an examiner to immediately notify the Board if his surety bond, which is required by § 34-25-21(b) of the act, has been or is to be cancelled or discontinued or changed in any way. Author: Polygraph Examiners Board Notes Ala. Admin. Code r. 740-X-3-.15 Filed Oct…

Effective October 1, 1993, every licensed polygraph examiner seeking annual renewal of a license shall, as a prerequisite for renewal of such license, report with the license renewal form satisfactory evidence of having completed at least twelve (12) credit hours of qualified con…

Section 34-25-25 of the act provides for an internship license program. The details and procedures of that program will be as follows: (a) The internship license program will be opened to those applicants for a polygraph examiner's license who have not served a six (6) month inte…

During his internship, a governmental examiner who has obtained a sufficient bond, furnished proof of such bond to the Board as required by Rule 740-X-3-.14, and paid the necessary fees may conduct commercial examinations. Author: Polygraph Examiners Board Notes Ala. Admin. Code …

The sole proper purpose of polygraph examinations is to detect deception or verify the truth of statements. The availability of polygraph examinations as a means of detecting deception may well have a beneficial effect on the behavior of individuals who are aware that they may be…

(1) A polygraph examination consists of:(a) A pre-test interview, (b) Chart examination, and (c) A post-test interview. (2) An examiner will personally conduct an adequate pre-test interview.Author: Polygraph Examiners Board Notes Ala. Admin. Code r. 740-X-5-.02 Filed October 8, …

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 that act, the Board defines incompetency to include, but not be limited to, violation of any of the following minim…

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…

(1) The Board will take action on complaints which are submitted to it on forms prescribed and supplied by the Board in order to determine if there is reason to believe that the act or these regulations have been violated. (2) The form for complaints to the Board is as follows: F…

(2) The Board has authorized establishment of a complaint committee. The committee will include the administrative secretary, the board's legal consultant and the board member from the complainant's geographical area. (1) Upon receiving a complaint, the Board may:(a) Make a furth…

The Board may authorize an inspection of all opinions, reports, charts, question lists and other records relating to any polygraph examination performed in the State of Alabama. Such inspection shall be for the purpose of determining if there has been any violation of the provisi…

All examiners will preserve and keep on file for a minimum of two years after each polygraph examination all opinions, reports, charts, question lists, and other records relating to the polygraph examination. These records and documents, along with any others that are preserved, …

No Board record or records obtained from examiners will be removed from the Board office unless signed for by the person receiving such records. Author: Polygraph Examiners Board Notes Ala. Admin. Code r. 740-X-6-.05 Filed October 1, 1981. Statutory Authority: Code of Ala. 1975, …

(1) On their effective date, these rules and regulations shall supersede and replace the rules and regulations previously adopted by the Board, and these rules and regulations will remain in effect until superseded, replaced, or amended by future rules and regulations. (2) Conduc…

Notes Ala. Admin. Code r. 745-X-1-.01 Filed March 16, 1992. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023. Author: Bryan E. Morgan Statutory Authority: Code of Ala. 1975, § 30-6-3(a)(1).

Notes Ala. Admin. Code r. 745-X-1-.02 Filed March 16, 1992. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023. Author: Bryan E. Morgan Statutory Authority: Code of Ala. 1975, § 30-6-3(a)(1).

Notes Ala. Admin. Code r. 745-X-1-.03 Filed March 16, 1992. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023. Author: Bryan E. Morgan Statutory Authority: Code of Ala. 1975, § 30-6-3(a)(l).

Notes Ala. Admin. Code r. 745-X-1-.04 Filed March 16, 1992. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023. Author: Bryan E. Morgan Statutory Authority: Code of Ala. 1975, § 30-6-3(a)(1).

Notes Ala. Admin. Code r. 745-X-1-.05 Filed March 16, 1992. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023. Author: Bryan E. Morgan Statutory Authority: Code of Ala. 1975, § 30-6-3(a)(1).

Notes Ala. Admin. Code r. 745-X-1-.06 Filed March 16, 1992. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023. Author: Bryan E. Morgan Statutory Authority: Code of Ala. 1975, § 30-6-3(a)(l).

Notes Ala. Admin. Code r. 745-X-1-.07 Filed March 16, 1992. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023. Author: Bryan E. Morgan Statutory Authority: Code of Ala. 1975, § 30-6-3(a)(l).

Notes Ala. Admin. Code r. 745-X-1-.08 Filed March 16, 1992. Repealed by Alabama Administrative Monthly Volume XLI, Issue No. 10, July 31, 2023, eff. 9/14/2023. Author: Bryan E. Morgan Statutory Authority: Code of Ala. 1975, § 30-6-3(a)(1).

(1) There is created the Alabama Board of Examiners in Psychology to consist of eight persons who are residents of this state, who shall be appointed by the Governor as follows: (a) One member shall be a member of the faculty of an accredited college or university in the state wi…

(1) Board members serve for terms of five years and shall not serve more than two consecutive terms of office. The terms of psychologist members are staggered so that only one new member is appointed by the Governor each year to fill the expiring term. Board members will continue…

(1) The law sets the parameters for filling the unexpired term of psychologist members and the psychological technician member of the Board: "...other vacancies occurring in the Board shall be filled for the unexpired term by appointment of the Governor from two qualified candida…

The criteria for negligence of a Board member in his/her duties are stated in the law: "Any Board member may be removed by the Governor after notice and hearing for incompetence, neglect of duty, malfeasance in office, or moral turpitude." The chairperson of the Board must contac…

The Board will meet (as funds permit) on the second Friday of the odd-numbered months. For specially called meetings, the chair or executive officer confirms the date and location by telephone or in writing to the members and to any other individuals invited to attend. A notice m…

The Board of Examiners operates on funds received from the collection of renewal, application, and other fees. All fees are deposited to the order of the state treasurer and all disbursements are made by voucher for payment of expenses, supplies, dues, salaries, etc. Financial op…

The law states "The Board may hire any assistants necessary to carry on its activities..." The Board shall employ as executive officer and/or other clerical staff, investigators, or assistants as necessary to carry on the day-to-day operations and business of the Board. Author: A…

The Board shall be subject to the Alabama Sunset Law, Title 41, Chapter 20, Code of Ala. 1975, as an enumerated agency as provided in Section 41-20-3, and shall have a termination date of October 1, 2020, and every four years thereafter unless continued pursuant to the Alabama Su…