Polygraph Examiners

Miss. Code Ann. tit. 73, ch. 29
in effect

Miss. Code Ann. § 73-29-3 Definitions.

In this chapter, unless the context requires a different definition: “Board” means the polygraph examiners board; “Secretary” means that member of the polygraph examiners board selected by the board to act as secretary; “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 board at the commencement of such internship; “Person” means any natural person, firm, association, copartnership, or corporation; and “Polygraph examiner” means any person who uses any device or instrument to test or question individuals for the purpose of verifying truth of statements.

Miss. Code Ann. § 73-29-5 Use of certain instrument required.

Every polygraph examiner shall use an instrument which records visually, permanently, and simultaneously: (1) a subject’s cardiovascular pattern and (2) a subject’s respiratory pattern. Patterns of other physiological changes in addition to (1) and (2) may also be recorded.

Miss. Code Ann. § 73-29-7 Polygraph examiners board established; members; term of office; organization.

There is hereby established a Polygraph Examiners Board consisting of three (3) members who shall be citizens of the United States and residents of the state for at least two (2) years prior to appointment and at the time of appointment are active polygraph examiners. No two (2) board members may be employed by the same person or agency. At least one (1) member must be a qualified examiner of a governmental law enforcement agency, and shall be the supervisor of the polygraph section of the Department of Public Safety, and at least one (1) member must be a qualified polygraph examiner in the commercial field. The members shall be appointed by the Governor of the State of Mississippi with the advice and consent of the Senate for a term of six (6) years. The terms of office of members appointed to the initial board are one (1) for two (2) years; one (1) for four (4) years; and one (1) for six (6) years. Any vacancy in an unexpired term shall be filled by appointment of the Governor with the advice and consent of the Senate for the unexpired term. The board shall elect a chairman, vice chairman and secretary from among its members. The vote of a majority of the board members is sufficient for passage of any business or proposal which comes before the board. The members of the board shall receive Twenty-two Dollars and Fifty Cents ($22.50) per diem for each day spent in the actual discharge of their duties. The Department of Public Safety is hereby authorized to provide the board with an appropriate office and such administrative and clerical services as may be necessary to carry out the board’s responsibilities, including investigative and testing services, budgetary support and such other services and support deemed appropriate by the Commissioner of Public Safety.

Miss. Code Ann. § 73-29-9 Board to issue regulations; proof of members’ signatures and qualification to act; fees; annual report.

The board shall issue regulations consistent 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. An order or a certified copy thereof, over the board seal and purporting to be signed by the board members, shall be prima facie proof that the signatures are the genuine signatures of the board members, and that the board members are fully qualified to act. All fees collected under the provisions of this chapter shall be paid to the Treasurer of the State of Mississippi. Funds necessary for the enforcement of this chapter and the administration of its provisions shall be appropriated by the Legislature to the Department Public Safety, but the funds so appropriated for a fiscal year shall not exceed the total amount of the fees which it is anticipated will be collected hereunder during such fiscal year, plus the amount of funds which were unexpended by the board for the next preceding fiscal year. The board shall, prior to November 1 of each year, submit to the Attorney General of Mississippi and the Legislature, a detailed, written report on all the activities of the board and all expenditures made by it during the preceding fiscal year ending June 30.

Miss. Code Ann. § 73-29-11 Unlicensed person not to administer polygraph examinations.

It shall be unlawful for any person, including a city, county or state employee, to administer polygraph examinations or attempt to hold himself out as a polygraph examiner without a license approved by the board and issued by the board.

Miss. Code Ann. § 73-29-13 Qualifications for license; surety bond.

A person is qualified to receive a license as an examiner: Who is at least twenty-one (21) years of age; Who is a citizen of the United States; Who establishes that he is a person of honesty, truthfulness, integrity, and moral fitness; Who has not been convicted of a felony or a misdemeanor involving moral turpitude; Who holds a baccalaureate degree from a college or university accredited by the American Association of Collegiate Registrars and Admissions Officers or, in lieu thereof, has five (5) consecutive years of active investigative experience immediately preceding his application; Who is a graduate of a polygraph examiners course approved by the board and has satisfactorily completed not less than six (6) months of internship training, provided that if the applicant is not a graduate of an approved polygraph examiners course, satisfactory completion of not less than twelve (12) months of internship training may satisfy this subdivision; and Prior to the issuance of a license, the applicant must furnish to the board evidence of a surety bond or insurance policy. Said surety bond or insurance policy shall be in the sum of five thousand dollars ($5,000.00) and shall be conditioned that the obligor therein will pay to the extent of the face amount of such surety bond or insurance policy all judgments which may be recovered against the licensee by reason of any wrongful or illegal acts committed by him in the course of his examinations.

Miss. Code Ann. § 73-29-15 Original applications for licenses.

Applications for original licenses shall be made to the secretary of the board in writing under oath on forms prescribed by the board, to which forms must be affixed the applicant’s fingerprints and a recent photograph, 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 board will enable it to pass on the qualifications of the applicant for a license. Each application or filing made under this section shall include the social security number(s) of the applicant in accordance with Section 93-11-64, Mississippi Code of 1972.

Miss. Code Ann. § 73-29-17 Nonresident applicants; qualifications; requirements as to service of process.

Each nonresident applicant for an original license or a renewal license shall file with the board an irrevocable consent that actions against said applicant may be filed in any appropriate court of any county or municipality of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process on any such action may be served on the applicant by leaving two (2) copies thereof with the secretary. Such consent shall stipulate and agree that such service of process shall be taken and held to be valid and binding for all purposes. The secretary of the board shall send forthwith one (1) copy of the process to the applicant at the address shown on the records of the board by registered or certified mail. Nonresident applicants must satisfy the requirements of Section 73-29-13, and furnish also a recent photograph and fingerprints.

Miss. Code Ann. § 73-29-19 Licensing of examiners licensed under laws of other states.

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 upon payment of a fee of Fifty Dollars ($50.00) and the production of satisfactory proof that: He is at least twenty-one (21) years of age; He is a citizen of the United States; He is of good moral character; The requirements for the licensing of polygraph examiners in such particular state or territory of the United States were, at the date of the applicant’s licensing therein, substantially equivalent to the requirements now in force in this state; The applicant had lawfully engaged in the administration of polygraph examinations under the laws of such state or territory for at least two (2) years prior to his application for license hereunder; Such other state or territory grants similar reciprocity to license holders of this state; and He has complied with Section 73-29-17. The issuance of a license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.

Miss. Code Ann. § 73-29-21 Internship license.

Upon approval by the board, the secretary shall issue an internship license to a trainee provided he applies for such license and pays the required fee within ten (10) days prior to the commencement of his internship. The application shall contain such information as may be required by the board. An internship license shall be valid for the term of twelve (12) months from the date of issue. Such license may be extended or renewed for any term not to exceed six (6) months upon good cause shown to the board. A trainee shall not be entitled to hold an internship license after the expiration of the original twelve-month period and six-month extension if such extension is granted by the board until twelve (12) months after the date of expiration of the last internship license held by said trainee. If a polygraph examiner is not available to personally supervise a trainee in the internship program, then a member of the board shall supervise and sponsor the trainee.

Miss. Code Ann. § 73-29-23 Fees.

The fee to be paid for an original polygraph examiner’s license is fifty dollars ($50.00). The fee to be paid for an internship license is thirty dollars ($30.00). The fee to be paid for the issuance of a duplicate polygraph examiner’s license is ten dollars ($10.00). The fee to be paid for a polygraph examiner’s renewal license is fifty dollars ($50.00). The fee to be paid for the extension or renewal of an internship license is twenty-five dollars ($25.00). The fee to be paid for a duplicate internship license is ten dollars ($10.00). The fees required by this chapter may be paid by the governmental agency employing the examiner.

Miss. Code Ann. § 73-29-25 License; issuance; display.

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 board members and shall be issued under the seal of the board.

Miss. Code Ann. § 73-29-27 Examiner to give notice of change of business address.

Notice in writing shall be given to the secretary by the licensed polygraph examiner of any change of principal business location within thirty (30) days of the time he changes the location. A change of business location without notification to the secretary shall automatically suspend the license theretofore issued.

Miss. Code Ann. § 73-29-29 Term of license; renewal.

Except as provided in Section 33-1-39, each polygraph examiner’s license shall be issued for the term of one (1) year and shall, unless suspended or revoked, be renewed annually as prescribed by the board; provided, however, that licenses issued from and after July 1, 1994, shall be issued for terms of two (2) years and shall, unless suspended or revoked, be renewed as prescribed by the board. No license shall be renewed unless the board receives satisfactory proof of such continuing education as it by regulation requires.

Miss. Code Ann. § 73-29-31 Grounds for refusal to issue or renew license, or for revocation or suspension.

The board may refuse to issue or may suspend or revoke a license on any one or more of the following grounds: For failing to inform a subject to be examined as to the nature of the examination; For failing to inform a subject to be examined that his participation in the examination is voluntary; Material misstatement in the application for original license or in the application for any renewal license under this chapter; Willful disregard or violation of this chapter or of any regulation or rule issued pursuant thereto, including, but not limited to, willfully making a false report concerning an examination for polygraph examination purposes; If the holder of any license has been adjudged guilty of the commission of a felony or a misdemeanor involving moral turpitude; Making any willful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees; Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this chapter; Allowing one’s license under this chapter to be used by any unlicensed person in violation of the provisions of this chapter; Willfully aiding or abetting another in the violation of this chapter or any regulation or rule issued pursuant thereto; Where the license holder has been adjudged by a court of competent jurisdiction as habitual drunkard, mentally incompetent, or in need of a conservator; Failing, within a reasonable time, to provide information requested by the secretary as the result of a formal complaint to the board which would indicate a violation of this chapter; Failing to inform the subject of the results of the examination if so requested; or With regard to any polygraph examiner employed for a fee and not employed by a governmental law enforcement agency or the Mississippi Department of Corrections: Requiring a subject, prior to taking the examination or as a condition of receiving the results of the examination, to waive any rights or causes of action he may have or which may accrue in favor of the subject arising out of or resulting from the administration of the examination; except the examiner may require, prior to the examination or as a condition of receiving the results of the examination, a subject to waive any rights or causes of action that may accrue against the examiner as a result of any use made of the results of the examination by the person who employed the examiner; Requiring a subject to acknowledge that his examination is not done for purposes of employment when, in fact, the results of the examination are to be submitted to an employer or an agent of an employer; or Reporting the results of an examination to any person not authorized to receive the results of the examination except for the person who employed the examiner, unless authorized in writing by the subject. In addition to the grounds specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

Miss. Code Ann. § 73-29-33 Effect of unlawful act of employee examiner or trainee on employer of such 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 examiner for whom the offending examiner or trainee may have been employed, unless it shall appear to the satisfaction of the board that the polygraph examiner-employer has wilfully or negligently aided or abetted the illegal actions or activities of the offending polygraph examiner or trainee.

Miss. Code Ann. § 73-29-35 Examiner to register with secretary of state and circuit clerks.

Each polygraph examiner shall register with the secretary of state of the State of Mississippi and with the circuit clerk in the county wherein he maintains a business address. The circuit clerk of each county shall maintain a list of all polygraph examiners registered in his county.

Miss. Code Ann. § 73-29-37 Proceedings for suspension or revocation of license.

When there is cause to refuse an application or to suspend or revoke the license of any polygraph examiner, the board shall, not less than thirty (30) days before refusal, suspension, or revocation action is taken, notify such person in writing, in person, or by certified mail at the last address supplied to the board by such person, of such impending refusal, suspension, or revocation, the reasons therefor, and of his right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension, or revocation action proposed to be taken by the board. If, within twenty (20) days after the personal service of such notice or such notice has been deposited in the United States mail, such person has not made a written request to the board for this administrative hearing, the board is authorized to suspend or revoke the polygraph examiner’s license of such person without a hearing. Upon receipt by the board of such written request of such person within the twenty-day period as set out above, an opportunity for an administrative hearing shall be afforded as early as is practicable. In no case shall the hearing be held less than ten (10) days after written notification thereof, including a copy of the charges, shall have been given the person by personal service or by certified mail sent to the last address supplied to the board by the applicant or licensee. The administrative hearing in such cases shall be before the board. The board shall conduct the administrative hearings and it is authorized to administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, etc. On the basis of the evidence submitted at the hearing, the board shall take whatever action it deems necessary in refusing the application or suspending or revoking the license.

Miss. Code Ann. § 73-29-39 Judicial review of board’s action.

Any person dissatisfied with the action of the board in refusing his application or suspending or revoking his license, or any other action of the board, may appeal the action of the board by filing a petition within thirty (30) days thereafter in the circuit court in the county where the person resides or in the Circuit Court of Hinds County, Mississippi, and the court is vested with jurisdiction and it shall be the duty of the court to set the matter for hearing upon ten (10) days’ written notice to the board and the attorney representing the board. The court in which the petition of appeal is filed shall determine whether or not a cancellation or suspension of a license shall be abated until the hearing shall have been consummated with final judgment thereon or whether any other action of the board should be suspended pending hearing, and enter its order accordingly, which shall be operative when served upon the board, and the court shall provide the attorney representing the board with a copy of the petition and order. Except as otherwise authorized in Section 7-5-39, the board shall be represented in such appeals by the district or county attorney of the county or the Attorney General, or any of their assistants. The board shall initially determine all facts, but the court upon appeal shall set aside the determination of the board if the board’s determination (1) is not based upon substantial evidence upon the entire record; (2) is arbitrary or capricious; (3) is in violation of statutory requirements; or (4) was made without affording to licensee or applicant due process of law. Actions taken by the board in suspending a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section.

Miss. Code Ann. § 73-29-41 Surrender of revoked or suspended license.

Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the secretary; failure of a licensee to do so shall be a violation of this chapter and upon conviction, shall be subject to the penalties hereinafter set forth. At any time after the suspension or revocation of any license, the secretary shall restore it to the former licensee, upon the written recommendations of the board.

Miss. Code Ann. § 73-29-43 Procedure for enjoining violations of chapter.

If any person violates any provisions of this chapter, the secretary shall, upon direction of a majority of the board, in the name of the State of Mississippi, through the Attorney General of the State of Mississippi, except as otherwise authorized in Section 7-5-39, apply in any chancery court of competent jurisdiction, for an order enjoining such violation or for an order enforcing compliance with this chapter. Upon the filing of a verified petition in the court, the court, or any judge thereof, if satisfied by affidavit or otherwise that the person has violated this chapter, may issue a temporary injunction, without notice or bond, enjoining such continued violation and if it is established that the person has violated or is violating this chapter, the court, or any judge thereof, may enter a decree perpetually enjoining the violation or enforcing compliance with this chapter. In case of violation of any order or decree issued under the provisions of this section, the court, or any judge thereof, may try and punish the offender for contempt of court. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this chapter.

Miss. Code Ann. § 73-29-45 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 shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) or by imprisonment in the county jail for a term of not to exceed six (6) months, or both.

Miss. Code Ann. § 73-29-47 Admission of polygraphs in evidence.

Nothing in this chapter shall be construed as permitting the results of truth examinations or polygraph examinations to be introduced or admitted as evidence in a court of law.

Miss. Code Ann. § 73-29-49 Repealed.

Repealed by Laws of 1993, ch. 351, § 25, eff from and after passage (approved March 12, 1993). [Laws, 1979, ch. 301, § 39; Laws, 1980, ch. 500, § 25; Laws, 1988, ch. 514]

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