S.C. Code § 40-53-10
Short title
This chapter shall be known, and may be cited, as the Polygraph Examiners Act.
South Carolina Code Title 40, Chapter 53 — Polygraph Examiners Act
South Carolina · statute · S.C. Code tit. 40, ch. 53 · 24 active provisions
S.C. Code § 40-53-20
Declaration of purpose; construction
It is the purpose of this chapter to regulate all persons who purport to be able to detect deception or to verify truth of statements through the use of instrumentation such as lie detectors, polygraphs, deceptographs, and similar or related devices and instruments without regard to the nomenclature applied thereto. Th…
S.C. Code § 40-53-30
Definitions
In this chapter, unless the context requires a different meaning: (1) "Internship" means the study of polygraph examinations and of the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the South Ca…
S.C. Code § 40-53-40
Minimum requirements for instruments
Any instrument used to test or question individuals for the purpose of detecting deception or verifying truth of statements shall record visually, permanently and simultaneously: (1) the subject's cardiovascular pattern and (2) respiratory pattern. Patterns of other physiological changes in addition to (1) and (2) may…
S.C. Code § 40-53-50
Division to issue regulations and prescribe forms; disposition of fees
(a) The Division shall issue regulations not inconsistent with the provisions of this chapter for the administration and enforcement of this chapter and shall prescribe forms which shall be issued in connection therewith. (b) All fees collected under the provisions of this chapter shall be paid to the Treasurer of the…
S.C. Code § 40-53-60
License required
It shall be unlawful for any person, including a city, county or State employee, to administer polygraph or other examinations utilizing instrumentation for the purpose of detecting deception or verifying truth of statements or to attempt to hold himself out as a polygraph examiner or to refer to himself by any other t…
S.C. Code § 40-53-70
Qualifications of licensees
A person is qualified to receive a license as an examiner if he: (1) is at least twenty-one years of age; (2) is a citizen of the United States; (3) establishes that he is a person of honesty, truthfulness, integrity, and moral fitness; (4) has not been convicted of a felony or a misdemeanor involving moral turpitude;…
S.C. Code § 40-53-80
Licensing of persons practicing as polygraph examiners on July 7, 1972
On July 7, 1972, any person who is actually engaged in the occupation, business, or profession of a polygraph examiner and who is using for that purpose the instrumentation prescribed in SECTION 40-53-30 shall, upon application within ninety days after July 7, 1972 and payment of the required license fee, be issued a p…
S.C. Code § 40-53-90
Application for license
Applications for original licenses shall be made to the Division in writing under oath on forms prescribed by the Division and shall be accompanied by the required fee, which is not refundable. Any such application shall require such information as in the judgment of the Division will enable it to pass on the qualifica…
S.C. Code § 40-53-100
Nonresident applicants
(a) Each nonresident applicant for an original license or a renewal license shall file with the Division an irrevocable consent that actions against such applicant may be filed in any appropriate court of any county of this State in which the plaintiff resides or in which some part of the transaction occurred out of wh…
S.C. Code § 40-53-110
Licensing of person licensed under laws of another state or territory
An applicant who is a polygraph examiner licensed under the laws of another state or territory of the United States may be issued a license without examination by the Division, in its discretion, upon payment of a fee of fifty dollars and the production of satisfactory proof that: (a) He is at least twenty-one years of…
S.C. Code § 40-53-120
Internship license
(a) Upon approval by the Division, it shall issue an internship license to a trainee provided he applies for such license and pays the required fee within ten days prior to the commencement of his internship. The application shall contain such information as may be required by the Division. (b) An internship license sh…
S.C. Code § 40-53-130
Fees
Fees for an original polygraph examiner's license, internship license, duplicate license, and fees for renewal and extension of the licenses must be set by the Division by regulation.
S.C. Code § 40-53-140
Display of license
A license or duplicate license must be prominently displayed at the place of business of the polygraph examiner or at the place of internship. Each license shall be signed by the Chief of the Division and shall be issued under the seal of the Division.
S.C. Code § 40-53-150
Licensee required to give notice of change of business location
Notice in writing shall be given to the Division by the licensed examiner of any change of principal business location within thirty days of the time he changes the location. A change of business location without notification to the Division shall automatically suspend the license theretofore issued.
S.C. Code § 40-53-160
Renewal of license
A polygraph examiner's license must be issued for one year and, unless suspended or revoked, must be renewed annually as prescribed by the division upon evidence of a current surety bond, insurance policy, or other surety acceptable to the division of five thousand dollars. A polygraph examiner whose license has expire…
S.C. Code § 40-53-170
Allegation and proof of valid license required in action or counterclaim relating to agreement or service for which license is required
No action or counterclaim shall be maintained by any person in any court in this State with respect to any agreement or service for which a license is required by this chapter without alleging and proving that such person had a valid license at the time of making such agreement or performing such services.
S.C. Code § 40-53-180
Grounds for refusal to issue, suspension, or revocation of license
The Division may refuse to issue or may suspend or revoke a license on any one or more of the following grounds: (a) Failing to inform a subject to be examined as to the nature of the examination; (b) Failing to inform a subject to be examined that his participation in the examination is voluntary; (c) Material misstat…
S.C. Code § 40-53-190
Liability of licensee for acts of other polygraph examiner or trainee
Any unlawful act or violation of any of the provisions of this chapter on the part of any polygraph examiner or trainee shall not be cause for revocation of the license of any other polygraph examiners by whom the offending examiner or trainee may have been employed, unless it shall appear to the satisfaction of the Di…
S.C. Code § 40-53-210
Notice of impending refusal to issue, suspension, or revocation of license; hearing
(a) When there is a cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the Division shall, not less than thirty days before refusal, suspension, or revocation action is taken, notify such person by certified mail at the last address supplied to the Division by such person of s…
S.C. Code § 40-53-220
Appeal
Any person dissatisfied with the action of the Division in refusing his application or suspending or revoking his license or any other action of the Division may appeal by filing a petition within thirty days thereafter in the circuit court in the county where the person resides, and the court shall set the matter for…
S.C. Code § 40-53-230
Surrender of license upon revocation or suspension
Upon the revocation or suspension of any license, the licensee shall forthwith surrender his license to the Division, and failure of a licensee to do so shall be a violation of this chapter and upon conviction shall subject such licensee to the penalties hereinafter set forth.
S.C. Code § 40-53-240
Injunctions
If any person violates any provisions of this chapter, the Division may, in the name of the State of South Carolina, through the Attorney General, apply in any circuit court of competent jurisdiction for an order enjoining such violation or for an order enforcing compliance with this chapter. Upon the filing of a verif…
S.C. Code § 40-53-250
Penalties
Any person who violates any provision of this chapter or any person who falsely states or represents that he has been or is a polygraph examiner or trainee or that he is qualified to apply instrumentation to the detection of deception or verification of truth of statements shall be deemed guilty of a misdemeanor and up…