No. 31975 (Amendment): R156-64. Deception Detection Examiners Licensing Act Rule

DAR File No.: 31975
Filed: 09/30/2008, 07:45
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Deception Detection Examiners Board are proposing amendments to the rule as a result of the governing statute, Title 58, Chapter 64, being amended in H.B. 375 which was passed during the 2008 General Session of the Legislature. The proposed amendments add a definition of supervision and clarify additional qualifications for licensure regarding criminal background checks for applicants for licensure and for licensed individuals at renewal/reinstatement time. (DAR NOTE: H.B. 375 (2008) is found at Chapter 211, Laws of Utah 2008, and was effective 05/05/2008.)

Summary of the rule or change:

In Section R156-64-102, alphabetized the definitions and added a definition for "supervision". In Section R156-64-201, added the word "to". In Section R156-64-302a, updated requirements for a deception detection examiner and deception detection intern to provide that an applicant for licensure needs to submit two fingerprint cards to the Division in addition to a fee which has been established to check the records of the Federal Bureau of Investigation and Bureau of Criminal Identification of the Utah Department of Public Safety. Section R156-64-305 is a new section that clarifies that licensed deception detection examiners will have a criminal history background check completed by the Division as a condition of renewal or reinstatement of licensure.

State statutory or constitutional authorization for this rule:

Section 58-64-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division of Occupational and Professional Licensing will incur minimal costs of approximately $100 to reprint the rule once the proposed amendments are made effective. Any costs incurred by the Division will be absorbed in the current budget. The Division anticipates minimal impact to the Bureau of Criminal Identification as a result of this license classification now requiring criminal background checks. The Division anticipates only an increase of approximately two new applicants per year. However, it should be noted that this impact was previously considered by the Legislature in the passage of H.B. 375 during the 2008 General Session.

local governments:

Most applications for licensure as either a deception detection examiner or deception detection intern are received from individuals working for local governments. If a local government pays the application licensing fees of an applicant, an additional $35 will now be required for the criminal history background check per applicant. However, it should be noted that this impact was previously considered by the Legislature in the passage of H.B. 375 during the 2008 General Session. It should also be noted that the Division only receives approximately two new applications for licensure on a yearly basis for this license classification.

small businesses and persons other than businesses:

These proposed amendments only apply to licensed deception detection examiners and applicants for licensure as either a deception detection examiner or a deception detection intern. The Division does not anticipate costs or savings to small businesses as a result of these proposed amendments since small businesses usually do not pay licensing fees for deception detection examiners or interns. An applicant for licensure as either a deception detection examiner or deception detection intern will now pay an additional $35 for the required criminal history background check. However, it should be noted that this impact was previously considered by the Legislature in the passage of H.B. 375 during the 2008 General Session. It should also be noted that the Division only receives approximately two new applications for licensure on a yearly basis for this license classification, thus resulting in an aggregate cost impact of $70.

Compliance costs for affected persons:

These proposed amendments only apply to licensed deception detection examiners and applicants for licensure as either a deception detection examiner or a deception detection intern. An applicant for licensure as either a deception detection examiner or deception detection intern will now pay an additional $35 for the required criminal history background check. However, it should be noted that this impact was previously considered by the Legislature in the passage of H.B. 375 during the 2008 General Session.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to businesses is anticipated with this rule filing beyond those already addressed in the passage of H.B. 375 during the 2008 Legislative Session, which provided that the Division of Occupational and Professional Licensing could charge a fee equal to the cost of a criminal background check on applicants conducted by the Federal Bureau of Investigation (FBI) and the Utah Bureau of Criminal Identification. Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY UT 84111-2316

Direct questions regarding this rule to:

Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

11/14/2008

Interested persons may attend a public hearing regarding this rule:

10/29/2008 at 11:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 250 (second floor), Salt Lake City, UT

This rule may become effective on:

11/21/2008

Authorized by:

F. David Stanley, Director

RULE TEXT

R156.Commerce, Occupational and Professional Licensing.

R156-64.Deception Detection Examiners Licensing Act Rule.

R156-64-102.Definitions.

In addition to the definitions in Title 58, Chapters 1 and 64, as used in Title 58, Chapters 1 and 64 or this rule:

(1) "Clinical testing" means a deception detection examination which is not intended to supplement and assist in a criminal investigation.

(2) "Comparison question" means a nonrelevant test question used for comparison against a relevant test question in a deception detection examination.

(3) "Deception detection case file" means written records of a polygraph exam including:

(a)case information;

(b)examinee information;

(c)a list of all questions used during the examination;

(d)copies of all charts recorded during the examination; and

(e)either the audio or video recording of the examination.

(4) "Experienced deception detection examiner" means a deception detection examiner who has completed over 250 deception detection examinations and has been licensed or certified by the United States Government for three years or more.

([6]5) "Irrelevant and relevant testing" means a deception detection examination which consists of relevant questions, interspersed with irrelevant questions, and does not include any type of comparison questions.

([5]6) "Irrelevant question" means a question of neutral impact, which does not relate to a matter under inquiry, in a deception detection examination.

(7) "Post conviction sex offender testing" means testing of sex offenders and includes:

(a)sexual history testing to determine if the examinee is accurately reporting all sexual offenses prior to a conviction;

(b) maintenance testing to determine if the examinee is complying with the conditions of probation or parole; and

(c)specific issue examinations.

([12]8)"Pre-employment exam" means a deception detection screening examination administered as part of a pre-employment background investigation.

([8]9) "Qualified continuing professional education" means continuing education that meets the standards set forth in Section R156-64-304.

([9]10)"Relevant question" means a question which relates directly to a matter under inquiry in a deception detection examination.

([10]11)"Screening exam" means a multiple issue deception detection examination administered to determine the examinee's truthfulness concerning more than one narrowly defined issue.

([11]12)"Specific issue/single issue examination" means a deception detection examination administered to determine the examinee's truthfulness concerning one narrowly defined issue.

(13)"Supervision" means general supervision as established in Subsection R156-1-102a(4)(c).

([13]14)"Unprofessional conduct" as defined in Title 58, Chapters 1 and 64, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-64-502.

 

R156-64-201.Education Peer Committee created - Membership - Duties.

(1)In accordance with Subsection 58-1-203(1)(f), there is created the Deception Detection Education Peer Committee.

(a)The duties and responsibilities of the Deception Detection Education Peer Committee are to conduct an oral interview on behalf of the Board to evaluate the deception detection intern's performance and make a recommendation to the Board to:

(i)approve the application; or

(ii)deny the application but extend the intern period.

(b)The composition of the Deception Detection Education Peer Committee shall be three deception detection examiners licensed in Utah who are not members of the Deception Detection Examiners Licensing Board.

 

R156-64-302a.Qualifications for Licensure - Application Requirements.

[In accordance with Subsections 58-64-302(1)(c) and 58-64-302(2)(c), each applicant shall provide the following:

(1)a certification issued by the Bureau of Criminal Identification, Utah Department of Public Safety concerning the applicant's criminal history, unless the applicant is a peace officer as defined in Title 53, Chapter 13, in good standing, in which case a certification is not required.](1)Pursuant to Section 58-64-302, an application for licensure as a deception detection examiner shall be accompanied by:

(a)two fingerprint cards for the applicant; and

(b)a fee established in accordance with Section 63J-1-303 equal to the cost of conducting a check of records of:

(i)the Federal Bureau of Investigation; and

(ii)the Bureau of Criminal Identification of the Utah Department of Public Safety.

(2)Pursuant to Section 58-64-302, an application for licensure as a deception detection intern shall be accompanied by:

(a)two fingerprint cards for the applicant; and

(b)a fee established in accordance with Section 63J-1-303 equal to the cost of conducting a check of records of:

(i)the Federal Bureau of Investigation; and

(ii)the Bureau of Criminal Identification of the Utah Department of Public Safety.

 

R156-64-305.Demonstration of Clear Criminal History for Licensees as Renewal Requirement.

(1)In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b), an applicant shall demonstrate a clear criminal history as a condition of renewal or reinstatement of license issued under Title 58, Chapter 64 in the classification of deception detection examiner.

(2)A criminal history background check shall be performed by the Division and is not required to be submitted by the applicant.

(3)If the criminal background check discloses a criminal background, the Division shall evaluate the criminal history in accordance with Section R156-1-302 to determine appropriate licensure action.

 

KEY:licensing, deception detection examiner, deception detection intern

Date of Enactment or Last Substantive Amendment:[December 24, 2007]2008

Notice of Continuation:April 9, 2007

Authorizing, and Implemented or Interpreted Law: 58-64-101; 58-1-106(1)(a); 58-1-202(1)(a)