29 CFR 801.24 - Rights of examinee - actual testing phase.
(a) The actual testing phase refers to that time during which the examiner administers the examination by using a polygraph instrument with respect to the examinee and then analyzes the charts derived from the test. Throughout the actual testing phase, the examiner shall not ask any question that was not presented in writing for review prior to the testing phase. An examiner may, however, recess the testing phase and return to the pre-test phase to review additional relevant questions with the examinee. In the case of an ongoing investigation, the examiner shall ensure that all relevant questions (as distinguished from technical baseline questions) pertain to the investigation.
(b) No testing period subject to the provisions of the Act shall be less than ninety minutes in length. Such “test period” begins at the time that the examiner begins informing the examinee of the nature and characteristics of the examination and the instruments involved, as prescribed in section 8(b) (2)(B) of the Act and § 801.23 (a)(2) of this part, and ends when the examiner completes the review of the test results with the examinee as provided in § 801.25 of this part. The ninety-minute minimum duration shall not apply if the examinee voluntarily acts to terminate the test before the completion thereof, in which event the examiner may not render an opinion regarding the employee's truthfulness.
- 29 CFR 801.21 — Adverse Employment Action Under Security Service and Controlled Substance Exemptions.
- 29 CFR 801.26 — Qualifications of and Requirements for Examiners.
- 29 CFR 801.14 — Exemption for Employers Providing Security Services.
- 29 CFR 801.13 — Exemption of Employers Authorized to Manufacture, Distribute, or Dispense Controlled Substances.
- 29 CFR 801.20 — Adverse Employment Action Under Ongoing Investigation Exemption.
- 29 CFR 801.12 — Exemption for Employers Conducting Investigations of Economic Loss or Injury.
- 29 CFR 801.30 — Records to Be Preserved for 3 Years.