Tenn. Comp. R. & Regs. 1160-01-.06 - PROFESSIONAL STANDARDS

(1) Before beginning an examination, the polygraph examiner shall:

(a) Give the examinee a reasonable explanation of the polygraph technique;

(b) Notify the examinee of the nature of the examination;

(c) Notify the examinee of his right to consult an attorney;

(d) If the examination is an employment examination, present to the examinee the following form:

(2) Employment examination

(a) This examination will not cover any of the following areas, unless the examination is administered as a result of an investigation of illegal activity in such area, and the inability to pose relevant questions in relation to such illegal activity would be detrimental to such investigation:

1. Religious beliefs or affiliations;

2. Beliefs or opinions regarding racial matters;

3. Political beliefs or affiliations;

4. Beliefs, affiliations or lawful activities regarding unions or labor organizations;

5. Sexual preferences or activities;

6. Any disability covered by the Americans with Disabilities Act; or

7. Actions or activities more than five (5) years preceding the date of the examination, except for felony convictions and violations of the Tennessee Drug Control Act, codified in title 39, chapter 17, part 4.

(3) A polygraph examiner shall disclose to the examinee prior to the commencement of the examination that he or she is a law enforcement official or other officer of the court, and that should the examinee choose to proceed with the examination, that any illegal activity disclosed during such examination may be used against the examinee in a court of law.

(4) A polygraph examiner shall maintain verification of compliance with paragraph (1) of this rule in the examiner's records.

(5) A polygraph examiner shall not conduct a polygraph examination if he or she believes through observation or other credible evidence, that the examinee is physically or psychologically unfit for such examination.

(6) A polygraph examiner shall appropriately mark all of the questions and answers on the polygraph chart during a polygraph examination. If a numbered question sheet is used, the number of the question and the answer shall be noted on the chart at the point asked, and the question sheet shall either be attached to the chart or entered in the examinee's file.

(7) A polygraph examiner shall ensure that there is an interval of at least ten (10) seconds between the completion of the examinee's answer to a question and the beginning of the next question.

(8) The polygraph examiner shall not render a verbal or written opinion, based on chart analysis, until the examinee:

(a) Has been asked the same pertinent and relevant question(s) at least three (3) separate times; and

(b) Has been afforded a reasonable opportunity to explain any deceptive reactions which are evident on the charts unless the examinee is represented by legal counsel and such counsel requests the results be given to counsel rather than the examinee.

(9) The polygraph examiner shall ensure that the inquiry, investigation, and interview in a pre-employment or employment verification examination shall be restricted to questions relevant to the examinee's suitability for the position of employment.

(10) A polygraph examiner shall obtain signed notification from the examinee on a form prescribed by the Commissioner prior to the beginning of the examination. The notification shall include the following statements of understanding:

(a) I understand that I am voluntarily consenting to take this polygraph examination; that I have the right to refuse to take the examination; that I have the right to refuse to answer any question; and that I may terminate the examination at any time.

(b) I understand that upon written request to the examiner within thirty (30) days of the examination, accompanied by payment of a reasonable fee not to exceed forty dollars ($40.00), I shall be provided with a written copy of any opinions or conclusions rendered as a result of the examination within thirty (30) days of receiving the written request.

(c) I understand that I or my attorney have/has the right to make an audio or video recording of the examination and pretest interview.

(d) I understand that the Commissioner is located at 500 James Robertson Parkway, Davy Crockett Tower in Nashville, Tennessee 37243; and

(e)

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Notes

Tenn. Comp. R. & Regs. 1160-01-.06

Original rule filed February 28, 1983; effective March 30, 1983. Amendment filed August 26, 1986; effective November 29, 1986. Amendment filed September 19, 2003; effective December 3, 2003. Amendment filed December 14, 2006; effective February 27, 2007. Amendments filed July 7, 2017; effective October 5, 2017. Amendments filed March 22, 2023; effective 6/20/2023.

Authority: T.C.A. §§ 62-27-105, 62-27-111, 62-27-123, 62-27-125, 62-35-129, and 62-35-143.