Title 32, Title 32

1. Minimum instrument requirements. An instrument must record visually, permanently and simultaneously a subject's cardiovascular, respiratory and electrodermal patterns. An instrument used by a polygraph examiner may also record patterns of other physiological changes. 2. Other …

1. Practice without a license. A person may not administer polygraph examinations, purport to be a polygraph examiner or use any other title that would cause members of the public to believe that the person is a polygraph examiner without first securing a license under this chapt…

1. Preemployment screening. An employer may not, directly or indirectly, require, request or suggest that an applicant for employment submit to a polygraph examination as a condition of obtaining employment or administer or cause to be administered to an applicant such an examina…

1. Disclosure prohibited. A polygraph examiner may not disclose information acquired from a polygraph examination, or records resulting from a polygraph examination, to another person other than: A. The subject of the examination or the subject's attorney; [PL 2015, c. 316, §2 (A…

If a written contract for a polygraph examiner's services or a waiver of liability is signed by the subject of a polygraph examination, the contract or waiver must inform the subject of the procedures for filing a complaint with the commissioner against the polygraph examiner and…

A person to whom a polygraph examination is administered is considered to have taken the polygraph examination if the person participates to any extent in the formalities of the pre-test phase of the polygraph examination.

1. Establishment; advise commissioner. The Polygraph Examiners Advisory Board, as established by Title 5, section 12004‑I, subsection 74‑H, shall act as an advisory board to the commissioner on issues relating to the licensing and regulation of polygraph examiners. 2. Members. Th…

1. Application. An application for a polygraph examiner license or polygraph examiner intern license must: A. Be complete and made to the commissioner, in the manner and including the information prescribed by the commissioner; and [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 …

1. Qualifications. A person is qualified for a polygraph examiner license if the person: A. Has not been convicted of a crime for which a license may be denied under Title 5, chapter 341; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] B. Either: (1) Holds a baccalaureate…

1. Consent to action. In addition to meeting all other requirements for a license, an applicant for the issuance or renewal of a polygraph examiner license who is not a resident of this State must file with the commissioner an irrevocable consent to have: A. An action against the…

The commissioner may grant a license to an applicant who holds a valid license from another state that has license requirements substantially equivalent to or more stringent than those of this State.

A polygraph examiner shall participate in continuing education programs as required by rules of the commissioner.

A polygraph examiner or intern shall notify the commissioner in writing of a change in the polygraph examiner's or intern's principal business location or residential location not later than the 30th day after the date the change is made.

A polygraph examiner or intern shall prominently display the polygraph examiner's or intern's license or a copy of the license at the polygraph examiner's or intern's place of business or place of internship, as appropriate.

The commissioner may deny a license, refuse to renew a license, suspend or revoke a license or impose disciplinary or probationary conditions, fines or costs of hearing and investigation on a polygraph examiner or intern, as well as issue a written warning, for: [PL 2013, c. 316,…

A polygraph examiner or intern whose license is suspended or revoked by the commissioner shall immediately surrender the license to the commissioner.

The Maine Administrative Procedure Act applies to and governs all administrative actions taken under this chapter.

This chapter is known and may be cited as the Professional Investigators Act.

The purpose of this chapter is to regulate any person, firm, corporation or other legal entity engaged in the business of private investigation.

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1981, c. 126, §2 (NEW).] 1. Commissioner. 1-A. Board. "Board" means the Board of Licensure of Professional Investigators under section 8103‑A, as established unde…

1. Establishment. The Board of Licensure of Professional Investigators, referred to in this chapter as "the board," is established pursuant to Title 5, section 12004‑G, subsection 29‑D to administer the provisions of this chapter to protect the public by improving the standards r…

1. License. A person may not act as a professional investigator without first obtaining from the chief a license to be a professional investigator or investigative assistant. 2. Exceptions. This section does not apply to the following: A. A person employed by or on behalf of the …

A person is qualified to be licensed as a professional investigator who: [PL 2011, c. 366, §28 (AMD).] 1. Age. Is at least 21 years of age; 2. Citizenship. Is a citizen or resident alien of the United States; 3. Graduation. Is a graduate of an accredited high school or has been g…

A person possessing, under Maine law, a valid private investigator's license on the effective date of this chapter whose license then expires, by application, compliance with section 8105, subsection 8 and payment of the required fee, is entitled to a professional investigator's …

Applications for original licenses must be made to the chief under oath on forms prescribed by the chief demonstrating the qualifications required under this chapter. The application must be accompanied by the fee required under section 8117 and by a certification by each of 3 re…

Each professional investigator's license is valid for an initial term of 2 years. Unless the license is revoked, the licensee may apply to renew the license every 4 years after the initial term.

1. Qualifications. A person is qualified to be licensed as an investigative assistant who meets the qualifications set forth in section 8105, subsections 1 through 6. 2. Application. An application for an investigative assistant's license must be made to the chief in accordance w…

A professional investigator duly licensed under this chapter whose primary place of business is located in the State may employ an investigative assistant pursuant to section 8110‑B subject to the following: [PL 2011, c. 366, §41 (AMD).] 1. Limit on number of investigative assist…

1. Supervision and documentation of investigative assistant's activities. The sponsoring professional investigator is responsible for overseeing and documenting the activities of the investigative assistant under the sponsoring professional investigator's supervision, including: …

1. Bonding requirement. A person licensed as a professional investigator shall give to the chief a bond in the sum of $10,000 if the licensee is a resident of the State and in the sum of $50,000 if the licensee is not a resident of the State. A person licensed as an investigative…

No person is eligible for a license under this chapter who derives plenary or special law enforcement powers from the State or any political subdivision thereof.

In accordance with the Maine Administrative Procedure Act, the chief may refuse to issue or renew a license, suspend or revoke the license of any person licensed under this chapter, impose probationary conditions, fines or costs of hearing and investigation or issue a written war…

1. Immediate suspension. If the chief has probable cause to believe that a person licensed pursuant to this chapter is required to submit to chemical testing for the presence of intoxicating liquor or drugs pursuant to Title 17‑A, section 1057 or for conduct that occurs while the…

A person is guilty of improper conduct in private investigation if the person commits any of the acts described in this section. Improper conduct in private investigation is a Class D crime. [PL 2011, c. 366, §46 (NEW).] 1. Acting without license; false representation. A person a…

1. Complaint investigation. The chief shall investigate a complaint, on the chief's own motion or upon receipt of a written complaint filed with the chief, regarding noncompliance with or violation of this chapter or of rules adopted by the chief. The chief may adopt rules regard…

1. Issuance of identification cards. The chief shall design and issue to each person licensed under this chapter an identification card featuring a recent photograph of the licensee. 2. Use of badges prohibited. A person licensed under this chapter may not carry or present a badg…

1. Subpoenas. In any investigation conducted by the chief under this chapter, the chief may issue subpoenas to compel the attendance of witnesses and the production of evidence relevant to any fact in issue. 2. Contempt. If a witness refuses to obey a subpoena or to give any evid…

1. Amount. The fee for an original biennial license is $500, of which $50 must be submitted with the application and $450 must be submitted upon issuance of the license. The fee for a 4-year renewal is $500, which is refundable upon denial of renewal. The fee for an investigative…

The Maine Administrative Procedure Act, Title 5, chapter 375, shall govern all administrative actions taken under this chapter.

If any provision of this chapter or the application thereof to any person or circumstance is held invalid by the court of competent jurisdiction, the holding shall not affect other provisions or applications of this chapter which can be given effect without that jurisdiction or a…

A professional investigator licensed under this chapter may carry a handgun while performing the duties of a professional investigator only after being issued a concealed handgun permit by the chief pursuant to Title 25, chapter 252 and passing the written firearms examination pr…

A professional investigator or investigative assistant who enters into a written contract with a law enforcement agency in this State to provide investigative services or consultation to the law enforcement agency is subject to the same provisions of law regarding confidentiality…

A person or company soliciting work or employment as a professional investigator shall provide proof to any client that the professional investigator holds a valid professional investigator's license before entering into any agreement or contract to conduct investigations.

Except when a criminal penalty is otherwise provided, a person who violates this chapter or a rule adopted pursuant to this chapter commits a civil violation for which a fine of not less than $1,000 may be adjudged.

The home address and home telephone number of a professional investigator or investigative assistant obtained by the State under this chapter are confidential and may not be disclosed by the board except by written consent of the subject of the information, by court order, for cr…

This chapter shall be known and may be cited as the "Private Security Guards Act."