Mich. Comp. Laws § 338.1701
Short title.
This act shall be known and may be cited as the "forensic polygraph examiners act".
Michigan Compiled Laws — FORENSIC POLYGRAPH EXAMINERS ACT (Act 295 of 1972)
Michigan · statute · 295 of 1972, Mich. Comp. Laws · 29 active provisions
Mich. Comp. Laws § 338.1702
Persons not exempted from act.
A person who purports to be able to detect deception, or verify truthfulness through instrumentation, or who purports to offer or have available such services, shall not be held exempt from the provisions of this act because of the terminology which he may use to refer to himself, to his instrumentation or to his servi…
Mich. Comp. Laws § 338.1703
Definitions.
As used in this act: (a) "Person" means any natural person, firm, association, partnership, or corporation. (b) "Examiner" means any person, other than an intern, who does any of the following: (i) Purports to detect deception, verify truthfulness, or provide a diagnostic opinion of these matters through instrumentatio…
Mich. Comp. Laws § 338.1704
Minimum standards for instruments or devices.
A person shall not use, or attempt to use any instrument or device for the purpose of detecting deception, verifying truthfulness or assisting in the reporting of a diagnostic opinion as to either of these unless such instrument or device, as minimum standards, shall be capable of recording visually, permanently and si…
Mich. Comp. Laws § 338.1705
State board of forensic polygraph examiners; creation; appointment, terms, and qualifications of members; vacancy.
(1) The state board of forensic polygraph examiners is created within the department of state police and shall consist of 5 members appointed by the governor with the advice and consent of the senate for terms of 4 years, except the terms of office for members of the initial board shall be 2 for 2 years and 3 for 4 yea…
Mich. Comp. Laws § 338.1706
State board of forensic polygraph examiners; election of officers; conducting business at public meeting; notice of meeting; additional meetings; examinations for examiner's licenses; quorum; majority vote required; expenses; annual report; availability of report and other writings to public.
(1) The board shall meet not more than 30 days after it is constituted and elect from its members a chairperson, vice-chairperson and from its members, or otherwise, a secretary. The business which the board may perform shall be conducted at a public meeting of the board held in compliance with Act No. 267 of the Publi…
Mich. Comp. Laws § 338.1707
Rules; filing of applications; collection and disposition of fees; order as prima facie proof; appropriation of funds.
(1) The department shall promulgate rules consistent with the provisions of this act for the dissemination, retention and destruction of polygraph results to protect the general public for the administration and enforcement of this act pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24…
Mich. Comp. Laws § 338.1708
Activities requiring license.
A person, including city, county or state employees, shall not use or attempt to use any instrumentation or mechanical device for the purpose of detecting deception, verifying truthfulness or reporting a diagnostic opinion regarding either of these; purport to detect deception or verify truthfulness through instrumenta…
Mich. Comp. Laws § 338.1709
Examiner's license; issuance without examination; conditions and qualifications.
A person upon application to the board dated within 1 year after the effective date of this act, and upon payment of the required license fee, shall be issued an examiner's license hereunder, without examination, if he satisfies the registration requirements established by the board and satisfies the board by affidavit…
Mich. Comp. Laws § 338.1710
Examiner's license; qualifications.
(1) Upon application and payment of the required fee, a person fulfilling the following is qualified to receive a license as an examiner: (a) Is at least 18 years of age. (b) Is a citizen of the United States. (c) Has not been under sentence for the commission of a felony within 5 years prior to his or her application,…
Mich. Comp. Laws § 338.1711
Intern's license; qualifications.
A person is qualified to receive a license as an intern who satisfies the board that he is engaging in an approved internship training program and that he substantially fulfills the basic requirements of this act for licensing as an examiner. The applicant shall not be required to fulfill the experience or residence re…
Mich. Comp. Laws § 338.1712
Temporary examiner's license; qualifications.
A person is entitled to receive a temporary examiner's license who fulfills the requirements of the board for such licensing and who satisfies the board that he is either 1 of the following: (a) That he qualifies under section 9. (b) That he does not meet the residence requirements set forth in section 10 but does subs…
Mich. Comp. Laws § 338.1713
Irrevocable consent by nonresident applicant to service of process.
A nonresident applicant for an intern's license or a temporary examiner's license shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court in any county of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleg…
Mich. Comp. Laws § 338.1714
Reciprocity.
An applicant who is an examiner, licensed under the laws of another state or territory of the United States, may be issued appropriate license without examination by the board upon payment of the required fee and the production of satisfactory proof: (a) That the requirements for the licensing of examiners in such part…
Mich. Comp. Laws § 338.1715
Fees; receipt of completed application; time period for issuance of license; report; “completed application” defined.
(1) The fees to accompany applications under this act are as follows: (a) Private examiner's license, original, $100.00; renewal, $50.00. (b) Public examiner's license, original, $25.00; renewal, $25.00. (c) Temporary examiner's license, original and renewal: (i) Residents applying under section 9, private examiners, $…
Mich. Comp. Laws § 338.1716
Duration of licenses.
Licenses shall be issued for terms as follows: (a) Temporary examiner's licenses issued to applicants who qualify under section 9 and examiner's licenses shall be issued for the term of 1 calendar year, or such portion thereof as remains at the time issued. Each license shall be renewed during the month of December of…
Mich. Comp. Laws § 338.1717
Specific requirements as to licenses.
The board shall establish requirements for the form, issuance, display, change of address notification, surrender and evidence of licenses.
Mich. Comp. Laws § 338.1718
Renewal of examiner's license.
The license of an examiner which has not been revoked or is not suspended shall be renewed annually upon application and payment of the required fee by the examiner.
Mich. Comp. Laws § 338.1719
Refusal to issue or suspension or revocation of license; grounds.
The board may refuse to issue a license, or may suspend or revoke a license on 1 or more of the following grounds, if the holder or applicant for a license has: (a) Made a material misstatement in the application for a license or in the application for a renewal license. (b) Disregarded or violated this act or any rule…
Mich. Comp. Laws § 338.1720
Investigating actions of applicant or licensee; motion or complaint; notice or charges; service of notice; hearing; evidence; continuance; location of hearing; closed hearing; request for public hearing.
The board upon its own motion and, upon the verified complaint in writing of a person setting forth facts which, if proved, would constitute grounds for denial, suspension, or revocation of a license under this act, shall investigate the actions of an applicant or a person holding or claiming to hold a license. Before…
Mich. Comp. Laws § 338.1721
Surrender or seizure of license.
Upon the revocation or suspension of a license, the licensee shall surrender the license to the board and if the licensee fails to do so, the board may seize it.
Mich. Comp. Laws § 338.1722
Reinstatement of license.
Any time after suspension or revocation of a license, it may be reinstated at the discretion of the board, upon application and payment of the required fee.
Mich. Comp. Laws § 338.1723
Transcripts and records of proceedings before board; motion for rehearing.
(1) The board shall provide for the transcribing and recording of all proceedings before the board and shall furnish a transcript of the record to any party affected by the proceedings upon payment of the costs for the transcript. (2) In any case involving the denial, suspension or revocation of a license, a copy of th…
Mich. Comp. Laws § 338.1724
Review.
A person affected by a final administrative decision of the board may have such decision reviewed in accordance with the provisions of law.
Mich. Comp. Laws § 338.1725
Witnesses; documents.
A circuit judge upon application of the board or of the person against whom proceedings under sections 4, 7, 8, 17 or 19 are pending, may enter an order requiring the attendance of witnesses and their testimony and the production of documents, papers, files, books and records in connection with any hearing in any proce…
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