Chapter 703 — Chapter 703
58 sections in this chapter.
ORS 703.010 Definitions. As used in ORS 703.010 to 703.310, unless the context requires otherwise
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(1) “Board” means the Board on Public Safety Standards and Training. (2) “Department” means the Department of Public Safety Standards and Training. (3) “Director” means the director of the department. (4) “Internship” means the study by a trainee of polygraph examinations and of …
ORS 703.020 [1975 c.608 §1; renumbered 703.325 in 2001]
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[Repealed or reserved.]
ORS 703.030 Purpose; construction. (1) It is the purpose of ORS 703.010 to 703.310 to regulate all persons who purport to be able to detect deception or to verify the truth of statements through the use of instrumentation or mechanical devices, including but not limited to lie detectors, polygraphs and deceptographs, that record visually, permanently and simultaneously the cardiovascular pattern, the respiratory pattern and the galvanic skin response of the individual being examined
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(2) ORS 703.010 to 703.310 shall be liberally construed to regulate all persons described in subsection (1) of this section. A person who purports to be able to detect deception or to verify the truth of statements is not exempt from the provisions of ORS 703.010 to 703.310 becau…
ORS 703.050 Polygraph examiner license requirement. No person, including persons employed by a state agency or public body in this state, may engage in conducting polygraph examinations, refer to that person as a polygraph examiner or offer or advertise services as a polygraph examiner unless that person is licensed under ORS 703.010 to 703.310 as a polygraph examiner. [1975 c.608 §4]
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[Repealed or reserved.]
ORS 703.060 License classes. There shall be two types of polygraph examiner licenses
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(1) The trainee license permits the holder to engage in an internship. (2) The general license permits the holder to administer specific issue examinations. [1975 c.608 §6]
ORS 703.070 License applications; form; nonrefundable fee. (1) Applications for initial renewal or replacement licenses as polygraph examiners or trainees under ORS 703.010 to 703.310 shall be submitted in writing and under oath to the Department of Public Safety Standards and Training, accompanied by the proper fee therefor specified in ORS 703.110
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(2) A fee submitted to the department may not be refunded. Each application shall be in such form and require such information as the department prescribes. [1975 c.608 §13; 1997 c.853 §46; 1999 c.59 §210]
ORS 703.080 License qualifications. (1) To become a trainee an applicant must satisfy ORS 703.090 (1)(a) to (d) and
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(a) Have graduated from a polygraph examiners course approved by the Department of Public Safety Standards and Training; or (b) Provide documentation of military experience or training that the department determines is substantially equivalent to the education required by paragra…
ORS 703.090 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
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(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 ma…
ORS 703.100 Term and renewal of licenses. (1) Each polygraph examiner’s license issued by the Department of Public Safety Standards and Training under ORS 703.010 to 703.310 shall be issued for a period of one year. The department may renew the license of a polygraph examiner, unless such license has been suspended or revoked, upon compliance by the person with such conditions as the department may prescribe
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(2) A person whose polygraph examiner’s license has expired may obtain a renewal license without examination upon application therefor within two years after the date of the expiration of such license and payment of the required fee for such renewal. (3) A person whose polygraph …
ORS 703.110 Fees. The following fees shall be charged by the Department of Public Safety Standards and Training in carrying out ORS 703.010 to 703.310
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(1) The fee of $50 for the issuance of each original license as a general polygraph examiner. (2) The fee of $50 for the annual renewal of a license as a general polygraph examiner. (3) The fee of $50 for examination by the department to determine the competency of an applicant a…
ORS 703.120 Nonresident licensees; service of process. (1) The Department of Public Safety Standards and Training may license a person who is not a resident of this state as a polygraph examiner as otherwise provided under ORS 703.010 to 703.310. However, any such person must include with the application for a license or renewal thereof an irrevocable written consent permitting the director to act as the agent of the person for the service of all legal process in this state
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(2) In any action in a court of competent jurisdiction in this state, service of process may be made upon a polygraph examiner who does not reside in this state by mailing two copies of the process to the director. The director shall retain one copy of the process in the records …
ORS 703.130 Reciprocity for persons licensed in another jurisdiction; qualifications; fee. The Department of Public Safety Standards and Training may grant a license as a polygraph examiner in this state to a person who is licensed as a polygraph examiner by another state or territory of the United States, without examination, upon application by such person in the manner prescribed by the department and upon payment to the department of a fee of $50, payable to the department, if the department finds that such person
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(1) Is at least 18 years of age; (2) Is a citizen of the United States; (3) Was licensed pursuant to the requirements of such other state or territory that, at the date of the issuance of such license by such other state or territory, were substantially equivalent to the requirem…
ORS 703.140 Display of license; notification of change of place of business. (1) A polygraph examiner shall display prominently the license of the polygraph examiner at the place of business or employment of the polygraph examiner and a trainee shall display prominently the license of the trainee at the place of internship of the trainee
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(2) A polygraph examiner shall notify the Department of Public Safety Standards and Training in writing of any change in the principal place of business of the polygraph examiner within 30 days after the date of such change. Upon discovery by the department of failure by a licens…
ORS 703.200 Issuance of licenses; examination and internship requirements. (1) The Department of Public Safety Standards and Training may issue licenses for polygraph examiners and trainees in accordance with ORS 703.010 to 703.310
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(2) The department shall prescribe the manner and contents of any examination conducted by it under ORS 703.010 to 703.310. (3) The department may prescribe the requirements for internship of any person who is licensed as a trainee under ORS 703.010 to 703.310. [1975 c.608 §16; 1…
ORS 703.210 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
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(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 examinat…
ORS 703.220 Surrender of suspended or revoked licenses; notice to licensee; restoration of license. Upon receipt of written notification of the suspension or revocation by the Department of Public Safety Standards and Training of the license of a polygraph examiner or trainee, a polygraph examiner or trainee shall surrender immediately the license to the department. The department may restore a suspended or revoked license to the prior holder thereof at such time and under such conditions as the department deems appropriate. [1975 c.608 §22; 1997 c.853 §56]
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[Repealed or reserved.]
ORS 703.230 Procedures and rules. (1) The Department of Public Safety Standards and Training shall conduct all proceedings under ORS 703.010 to 703.310 in accordance with ORS chapter 183. Judicial review of an action of the department shall be provided in ORS 183.480, 183.485, 183.490 and 183.500
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(2) The Board on Public Safety Standards and Training, or the department with the board’s approval, shall adopt, in accordance with ORS chapter 183, rules for the administration and enforcement of ORS 703.010 to 703.310. [1975 c.608 §§11,12; 1997 c.853 §57]
ORS 703.240 Disposition of fees. All fees, moneys or other revenues received or collected by the Department of Public Safety Standards and Training under ORS 703.010 to 703.310 shall be deposited in the Police Standards and Training Account. [1975 c.608 §27; 1997 c.853 §58]
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(Miscellaneous)
ORS 703.300 Certain legal actions by unlicensed polygraph operators prohibited. No person may bring or maintain an action in any court in this state for the recovery of compensation for services performed as a polygraph examiner or upon a contract for any such services unless such person was licensed under ORS 703.010 to 703.310 as a polygraph examiner at the time of the making of such contract or at the time of the performance of such services as a polygraph examiner. [1975 c.608 §5]
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[Repealed or reserved.]
ORS 703.310 Polygraph equipment requirements; use of noncomplying equipment prohibited; remedy for violation. (1) All instruments or mechanical devices that are used by polygraph examiners to test or question an individual for the purpose of detecting deception or of verifying the truth of statements made by the individual shall record visually, permanently and simultaneously the cardiovascular pattern, the respiratory pattern and the galvanic skin response of the individual. The patterns of other physiological changes of the individual also may be recorded
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(2) Except as otherwise provided in ORS 703.335, a person may not use any instrument or mechanical device to test or question an individual for the purpose of detecting deception or verifying the truth of statements made by the individual that does not comply with the minimum req…
ORS 703.320 [1975 c.608 §25; repealed by 2007 c.47 §1]
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[Repealed or reserved.]
ORS 703.325 Short title. ORS 703.010 to 703.310 shall be known and may be cited as the Polygraph Examiners Act. [Formerly 703.020]
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TRUTH VERIFICATION AND DECEPTION DETECTION BY POLICE OFFICERS
ORS 703.335 Equipment police officer may use to detect deception or verify truth. A police officer, as defined in ORS 243.005, may use an instrument or mechanical device that does not comply with the minimum requirements under ORS 703.310 (1) to test or question an individual for the purpose of detecting deception or verifying the truth of statements made by the individual if the police officer
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(1) Uses the instrument or mechanical device in the course of the officer’s official duties while investigating a crime; and (2) Is certified to use the instrument or mechanical device by the agency that employs the officer. [2003 c.777 §5]
ORS 703.400 [1989 c.1055 §1; 1995 c.386 §8; renumbered 8.415 in 1995]
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INVESTIGATORS
ORS 703.401 Definitions. As used in ORS 703.401 to 703.490, 703.993 and 703.995, unless the context otherwise requires
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(1) “Client” means a person who engages an investigator, firm, partnership, corporation or other entity for the purpose of conducting lawful activity on the person’s behalf. (2) “Investigator” means a person who is a licensed investigator under ORS 703.430 and who engages in the …
ORS 703.402 [1989 c.1055 §4; 1995 c.386 §9; renumbered 8.420 in 1995]
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[Repealed or reserved.]
ORS 703.404 [1989 c.1055 §8; 1995 c.386 §10; renumbered 8.430 in 1995]
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[Repealed or reserved.]
ORS 703.405 License requirement. A person may not act as an investigator or represent that the person is an investigator unless that person is licensed under ORS 703.430. [1997 c.870 §2; 2001 c.838 §2]
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[Repealed or reserved.]
ORS 703.406 [1989 c.1055 §§2,3,7(2); 1995 c.386 §11; renumbered 8.435 in 1995]
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[Repealed or reserved.]
ORS 703.407 Expert witness exception. The licensing requirement of ORS 703.405 does not apply to a person while the person is
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(1) Providing testimony in a court as an expert under ORS 40.410; or (2) Conducting investigations or reviews or engaging in other activities in preparation for providing testimony in a court as an expert under ORS 40.410. [2003 c.687 §14; 2005 c.613 §10] Note: 703.407 was enacte…
ORS 703.408 [1989 c.1055 §5; 1995 c.386 §12; renumbered 8.440 in 1995]
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[Repealed or reserved.]
ORS 703.410 [1989 c.1055 §14; 1991 c.703 §39; 1991 c.794 §1; 1995 c.386 §13; renumbered 8.445 in 1995]
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[Repealed or reserved.]
ORS 703.411 Exceptions. ORS 703.401 to 703.490, 703.993 and 703.995 do not apply to
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(1) A person employed exclusively by one employer in connection with the affairs of that employer only; (2) An officer or employee of the United States, or of this state, or a political subdivision of either, while the officer or employee is engaged in the performance of official…
ORS 703.412 [1989 c.1055 §6; 1995 c.386 §14; renumbered 8.450 in 1995]
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[Repealed or reserved.]
ORS 703.414 [1989 c.1055 §§9,11; 1995 c.386 §15; renumbered 8.455 in 1995]
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[Repealed or reserved.]
ORS 703.415 Investigator’s license qualifications. In order to obtain a private investigator’s license, a person
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(1) Must be at least 18 years of age; (2) Must be eligible to work in the United States; (3) Must not have committed any act that constitutes grounds for denial of a private investigator’s license; (4) Must have obtained a passing score on the test of investigator competency adop…
ORS 703.420 [1997 c.870 §5; 1999 c.59 §211; repealed by 2001 c.838 §27]
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[Repealed or reserved.]
ORS 703.425 Application requirements; fee; rules; investigation of applicant. (1) An application for a private investigator’s license or a provisional investigator’s license must be in writing on a form prescribed by the Department of Public Safety Standards and Training, stating the applicant’s
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(a) Legal name; (b) Birthdate; (c) Citizenship; (d) Physical description; (e) Current residence; (f) Residence for the preceding 10 years; (g) Current employment; (h) Employment for the preceding 10 years; (i) Experience qualifications; (j) Education; (k) Business address, which …
ORS 703.427 [1999 c.125 §2; 2001 c.838 §5; 2005 c.613 §13; repealed by 2005 c.730 §§77,90]
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[Repealed or reserved.]
ORS 703.430 Issuance of license; expiration; rules; fees. (1) The Department of Public Safety Standards and Training shall issue
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(a) A private investigator’s license if the applicant has satisfied the requirements of ORS 703.415 and 703.425 and is in compliance with the rules of the Board on Public Safety Standards and Training and the department. (b) A provisional investigator’s license if the applicant h…
ORS 703.435 Identification card; rules; obligation to carry; replacement; fees. (1) When issuing a license under ORS 703.430, the Department of Public Safety Standards and Training shall also issue an identification card of a size, design and content as may be determined by the department by rule
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(2) An investigator shall carry at all times, while engaged in the practice of investigating, the identification card issued under this section. (3) In the event of loss or destruction of a license issued under ORS 703.430 or an identification card issued under this section, the …
ORS 703.440 Licensing reciprocity. The Department of Public Safety Standards and Training may enter into a reciprocal agreement with the appropriate official of any other state to allow an investigator licensed in the other state to operate in Oregon if the department determines that the requirements for licensure in that state are substantially similar to the requirements under Oregon law. [1997 c.870 §17; 2005 c.613 §16]
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[Repealed or reserved.]
ORS 703.445 Renewal procedure; fee; penalty; rules; inactive status. (1) An investigator who desires to continue to practice in this state must apply for renewal and pay the renewal fee as prescribed by rule of the Board on Public Safety Standards and Training to the Department of Public Safety Standards and Training on or before the renewal date of the license. Any person who fails to pay the renewal fee by the renewal date may, within the following 30 days, pay the renewal fee plus a penalty in an amount to be prescribed by board rule, not to exceed twice the amount of the renewal fee. Any person who fails to pay the renewal fee, with accrued penalties, for a period of 30 days after the renewal date forfeits the right to work as an investigator in this state and may be reinstated only upon compliance with the initial application procedures
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(2) Prior to renewing a license, the Department of Public Safety Standards and Training may request that the Department of State Police conduct criminal records checks as provided in ORS 181A.195. Any act that is grounds for denying an initial application for a license is grounds…
ORS 703.447 Continuing education. (1)(a) An investigator issued a private investigator’s license must complete at least 32 hours of continuing education every two years
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(b) An investigator issued a provisional investigator’s license must complete at least 40 hours of continuing education every two years. (2) An investigator may carry no more than 15 hours of continuing education from one licensing period to the next. (3) When an investigator app…
ORS 703.450 Requirements of conduct. A licensed investigator
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(1) May not knowingly make any false report to an employer or client. (2) May not commit fraud or deceit toward a client or employer. (3) May not knowingly violate a court order or injunction in the course of business as an investigator. (4) May not commit an act that reflects ad…
ORS 703.455 [1997 c.870 §11; 2001 c.838 §24; repealed by 2005 c.613 §29]
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[Repealed or reserved.]
ORS 703.460 Information required; designation of agent for service of process. (1) A licensed investigator shall provide the Department of Public Safety Standards and Training with
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(a) The investigator’s legal name, home address and home telephone number; and (b) The name, physical and mailing addresses and telephone number of the investigator’s business. (2) In addition to the information required by subsection (1) of this section, a licensed investigator …
ORS 703.465 Discipline or issuance refusal. (1) The Department of Public Safety Standards and Training may refuse to grant or renew a license, may suspend or revoke a license or may reprimand an investigator for any violation of ORS 703.405, 703.450 or 703.460 or of any rule adopted by the Board on Public Safety Standards and Training or the department
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(2) In determining whether to issue a denial, suspension, revocation or reprimand, the department shall consider the facts of the case as they relate to the person’s fitness to practice as an investigator. (3) As part of the disciplinary process, the department may provide an inv…
ORS 703.470 Opportunity for hearing; judicial review. (1) If the Department of Public Safety Standards and Training proposes to refuse to issue or renew a license or proposes to suspend or revoke a license or proposes to reprimand an investigator, opportunity for hearing shall be accorded as provided in ORS chapter 183
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(2) Judicial review of orders under subsection (1) of this section shall be as provided in ORS chapter 183. [1997 c.870 §19; 2001 c.838 §11; 2005 c.613 §22]
ORS 703.473 Confidentiality of investigator personal identifying information and client files. (1) An investigator’s home address, home telephone number, personal electronic mail address, Social Security number, photograph and other personal identifying information are confidential and not subject to disclosure under ORS 192.311 to 192.478 unless written consent to disclose is given by the investigator
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(2) Except as provided by rules established by the Board on Public Safety Standards and Training, investigator client files obtained by the Department of Public Safety Standards and Training are confidential and not subject to disclosure under ORS 192.311 to 192.478. (3) Informat…