Section 1230.10  Statutory Authority (Repealed)

 

(Source:  Repealed at 22 Ill. Reg. 10567, effective June 1, 1998)

 

 

Section 1230.20  Definitions

 

As used in this Part, unless the context requires otherwise:

 

a)         "Examination" means a detection of deception examination, which generally consists of a pre-test interview, question formulation, two or more tests, and, if appropriate, an interrogation.

 

b)         "Subject" means the person who undergoes an examination.

 

c)         "Client" means the person who engages the services of an examiner for the purpose of administering an examination to a subject.

 

d)         "Specific issue mock examination" means an examination in which the situation is fictitious and designed to simulate a real life criminal act.

 

e)         "Real life examination" means an examination that uses an actual crime that has been committed.

 

f)         "Trainee" means a person registered for the training required by Section 11(D) of the Act.

 

g)         "Trainer" means a person approved under Section 1230.40(a) to teach the areas in the training required by Section 1230.30(a).

 

h)         "Specialized Instructor" means a person approved under Section 1230.40(b) to teach one of the areas in the training required by Section 1230.30(b).

 

i)          "Test" is that period of time during which a subject's physiological responses are being measured as he or she is answering test questions.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.30  Six Month Study of Detection of Deception

 

To obtain the 6 months of training required by Section 11(D) of the Act, a trainee shall be required to complete the following minimum coursework under the supervision of instructors approved under Section 1230.40:

 

a)         The following coursework shall be obtained under the supervision of a trainer as defined in Section 1230.20 of this Part.

 

1)         Fact Taking – Case History Studies – 5 hours

 

2)         General Theory – 10 hours

 

3)         Instrumentation – 10 hours

 

4)         Physical Settings for Examinations – 5 hours

 

5)         Question Formulation – 25 hours

 

6)         Pre-test Interviews – 25 hours

 

7)         Behavior Symptom Analysis – 15 hours

 

8)         Stimulation and Calming Techniques – 10 hours

 

9)         Types of Test and Test Procedures – 25 hours

 

10)         Chart Interpretation – 25 hours

 

11)         Completion and Analysis of Required Reports – 10 hours

 

12)         History of Polygraph – 10 hours

 

13)         Ethics – 5 hours

 

14)         Interrogation – 25 hours

 

15)         Practical Experience – 30 specific examinations (at least 15 shall be real life examinations and the other 15 may be specific issue mock examinations).

 

b)         The following courses shall be obtained under a specialized instructor as defined in Section 1230.20(f):

 

1)         Physiological Aspects – 25 hours

 

2)         Psychological Aspects – 15 hours

 

3)         Legal Aspects – 15 hours

 

c)         The practical experience required under subsection (a)(15) must be earned in the following manner:

 

1)         Before a trainee is allowed to conduct any real life examinations, he/she must have satisfactorily completed at least 100 hours of formalized instruction.

 

2)         The trainee must be personally supervised by a trainer while he/she conducts the 30 specific examinations.  Supervision means the trainer must be at the location where the test is being administered to assist the trainee in:

 

A)        Evaluating the facts;

 

B)        Formulating the questions;

 

C)        Conducting the examination;

 

D)        Interpreting the polygraph charts; and

 

E)        Making the final analysis of the examination results.

 

3)         The trainee must conduct the real life examinations and the specific issue mock examinations under the personal supervision of a trainer.

 

A)        Specific issue mock examinations must investigate whether a person performed a specific act and do not include pre-employment screening examinations.

 

B)        The specific real life cases must reflect a blend of investigative issues.  This testing must reflect a balance of at least 5 different types of investigative issues (such as burglary, theft, robbery) and include at least 1 examination involving as the subject a victim, witness or informant.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.40  Instructors Qualifications and Approval

 

a)         Trainer Qualifications.  A person shall be approved to teach the courses listed in Section 1230.30(a) who has the following qualifications:

 

1)         Is a detection of deception examiner licensed in Illinois or in another state with substantially equivalent requirements;

 

2)         Has a license in good standing;

 

3)         Has a minimum of 3 years of experience as a licensed detection of deception examiner; and

 

4)         Currently administers examinations on a regular basis.

 

b)         Specialized Instructors Qualifications.  A person shall be approved as a specialized instructor:

 

1)         To teach Psychological Aspects, if he or she has a bachelor's degree from an accredited college or university with at least 20 semester hours in psychology courses;

 

2)         To teach Physiological Aspects, if he or she has a bachelor's degree from an accredited college or university with at least 20 semester hours in life science courses, including one course in human physiology;

 

3)         To teach Legal Aspects, if he or she has a law degree from an accredited law school.

 

c)         Application for Approval

 

1)         An applicant for approval as a trainer or specialized instructor shall submit an application and a general course outline to the Department of Financial and Professional Regulation-Division of Professional Regulation (Division).  The course outline shall include a list of the books to be used, the number of hours to be devoted to each subject, a brief description of the content of the instruction in each subject, and a course syllabus outlining the expected progression of the course.

 

2)         Trainer applicants not licensed in Illinois must also submit proof of licensure and substantially equivalent qualifications.

 

3)         Specialized instructor applicants shall also submit certified transcripts from the college or university attended indicating that the appropriate number of hours have been earned and/or the appropriate degree granted.

 

4)         The applicant may be required to appear before the Director of the Department of Financial and Professional Regulation-Division of Professional Regulation (Director) or his or her designee for an interview if the Director has any questions relating to the applicant's qualifications or the sufficiency of the course outline.

 

5)         Approval granted under this Section is good for a period of five years and may be renewed only upon a showing that the applicant meets the qualifications then required of a trainer or specialized instructor.

 

d)         Withdrawal of Approval

 

1)         The Director may withdraw, suspend or place on probation the approval of a trainer or specialized instructor when it is found, after a hearing before the Division, that the trainer or specialized instructor has violated any provision of Section 14 of the Act in his or her actions as a trainer or specialized instructor.

 

2)         In the case of an Illinois licensed trainer, any hearing for suspension or revocation of the trainer's detection of deception examiner license shall also serve as a hearing on his or her approval as a trainer.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.50  Application for Registered Training

 

a)         To establish that a prospective trainee "is a person of good moral character", each trainee must satisfactorily undergo an examination administered by the trainer from whom he or she intends to receive training.  The results and records of this examination shall be made available to the Division upon request.

 

b)         A person desiring to be trained as a detection of deception examiner shall file an application for approval of registered training with the Division, together with certified transcripts from an accredited college or university indicating that a bachelor's degree has been granted, and the fee required by Section 1230.155.

 

c)         An applicant for registered training may not begin training until the trainee receives written notice of approval from the Division.

 

d)         No person who is or has been issued a detection of deception examiners license shall be issued a trainee certificate.

 

(Source:  Amended at 37 Ill. Reg. 4832, effective April 1, 2013)

 

Section 1230.60  Application for Licensure Examination

 

An applicant for licensure shall submit an application at least 30 days prior to an examination date.  The application shall include a certified transcript of registered training hours the applicant has completed and the fee required by Section 1230.155.

 

(Source:  Amended at 37 Ill. Reg. 4832, effective April 1, 2013)

 

Section 1230.70  Licensure Examination

 

a)         Licensure examination content will be based on the knowledge, skills and abilities required to perform effectively and legally as a detection of deception examiner.  The licensure examination shall include, but not be limited to, the following subject areas:

 

Laws, Regulations and Standards of Practice

Psychology

Physiology and Anatomy

Investigative Techniques

History and Instrumentation

Question Formulation

Chart Interpretation

Practical Chart-Reading

 

b)         The passing grade on the examination shall be a score of 75.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.80  Impermissible Advertising

 

a)         An examiner shall not advertise in any manner with a view of deceiving the public, or in any way that will tend to deceive or defraud the public.

 

b)         An examiner shall not publish, directly or indirectly, or circulate any fraudulent, false or misleading statements as to the skill or method of practice of any person or examiner.

 

c)         An examiner shall not claim superiority over other detection of deception examiners as to his or her skill or method of practice.

 

d)         An examiner shall not identify any subject by any means in any advertisements.

 

e)         An examiner shall not give public demonstrations of detection of deception for the purpose of securing patronage.

 

f)         An examiner shall not advertise free examinations as an inducement to secure patronage.

 

g)         An examiner shall not employ "cappers" or "steerers" to obtain patronage.

 

h)         An examiner shall not divide fees or agree to split or divide the fees received for detection of deception services with any person for bringing or referring a client.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.90  Pre-Test Interview

 

An examiner shall not administer a test in any case without first conducting a pre-test interview with the prospective subject in accordance with the following minimum requirements:

 

a)         The examiner shall inform the prospective subject of each issue to be determined in the test and reported upon by the examiner.

 

b)         The questions to be asked at the test shall be formulated and reduced to writing and shall be read to the prospective subject.  The answers shall be recorded in writing on the same document.

 

c)         The examiner shall not initiate an accusatory interrogation prior to the test for the purpose of eliciting a confession or admission against interest from the prospective subject.

 

d)         The examiner shall inform the prospective subject that taking the test must be a voluntary act, and the examiner shall obtain the subject's consent to undergo the test.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.100  Protection of the Rights of the Subject

 

In order to protect the rights of the subject, the following minimum procedures must be performed:

 

a)         Notice to Subject.  Each prospective subject shall be required to sign a notification, prior to the beginning of an examination, containing the following information:

 

1)         The prohibitions contained in Section 14.1 of the Act; and

 

2)         The subject has the right to request a copy of the results of his or her examination under Section 3 of the Act.

 

3)         The name of the examiner, the firm name and the address.

 

b)         All instruments used in an examination must be kept accurate by being calibrated on a regular basis, as specified in the manufacturer's instructions.  The Division has the right to inspect these machines at any time during regular business hours, without notice.

 

c)         When an examination is being administered, no third party shall be present in the examination room without the subject's knowledge and prior written consent as to the identity and the reason for the presence of that person.

 

d)         An examination in progress may be observed or listened to by examiners or trainees from outside the examination room, but no other person may do so without the subject's knowledge and prior written consent.  The statement of consent shall include the identity of any person permitted to observe or listen, the means used for observing or listening, and the reasons for observing or listening.

 

e)         Immediately upon request of the subject, an examiner shall terminate an examination.

 

f)         A test shall not continue for more than 4 minutes while the arm pressure cuff is being utilized, nor more than 5 minutes while the wrist cuff is being utilized.

 

g)         During the examination the examiner shall utilize both relevant issue questions and questions to be used for comparison purposes.

 

h)         An examiner, when administering an examination, shall not attempt to determine truth or deception on matters or issues not discussed with the subject at the pre-test interview or not reasonably related to the matters or issues previously discussed with the subject.

 

i)          An examiner shall not initiate an accusatory interrogation for the purpose of eliciting a confession or admission against interest from the subject until after the examiner has conducted two tests on the issues submitted for determination.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.110  Impermissible Activities of an Examiner

 

a)         An examiner shall not knowingly administer an examination on behalf of an illegal business, criminal enterprise or scheme of criminal misconduct in which either the client or subject are employed or otherwise engaged.

 

b)         An examiner shall not administer an examination in any case where there is reason to believe that the client, as a result of the examination or in connection with the examination, intends to perform a criminal act.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.120  Disclosure of Examination Results

 

a)         An examiner shall prepare a written report of each examination he or she administers. The report shall contain at least the following information:

 

1)         Identity of the subject;

 

2)         Identity of the client; and

 

3)         For:

 

A)        Pre-employment examinations, the results of the examination; or

 

B)        All other examinations:

 

i)          A statement of the facts upon which he/she conducted both the pre-test interview with the subject and the examination itself.

 

ii)         A list of the questions asked on the tests that were relevant to the issues upon which the subject agreed to be examined.

 

iii)        His or her conclusion as to truth or deception of the subject's answer to each of the questions listed in the report.

 

b)         An examiner shall not include in the report any conclusion as to the truth or deception of the subject with regard to any matters not submitted by the client for determination.

 

c)         An examiner shall not report his or her professional conclusion as to truth or deception on a relevant issue without having asked the question relating to that issue at least once in each of 2 separate tests.

 

d)         If a defense attorney has asked that an examination of his or her client be conducted and later asks that the examiner not issue a written report, an examiner shall not be required to prepare a written report.  When the examination is being utilized as part of that attorney's work product, it falls under protected attorney/client privilege.  The request must be documented and kept in the file pursuant to Section 1230.130.

 

e)         When retained privately, an examiner shall not be required to prepare a written report when asked not to do so by the client.  The request must be noted and kept in the file pursuant to Section 1230.130.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.130  Required Records

 

An examiner shall, in the case of every examination administered by him/her, maintain a record for at least 5 years that shall contain at least the following:

 

a)         All material upon which he/she conducted the pre-test interview.

 

b)         The questions asked of the subject at the pre-test interview and his/her answers.

 

c)         The examination questions, as formulated at the pre-test interview, and the subject's answers.

 

d)         The exact questions asked of the subject at any time during the examination and the subject's answers thereto.

 

e)         All recordings of the polygraph instrument made during the tests adequately identified as to the order in which the recordings were obtained, the point at which every question was asked and the answer thereto, the identification of each question and any notations indicating changes of the subject's behavior and environmental influence that might affect the polygraph's recordings.

 

f)         All written consents and acknowledgments of the subject as required by this Part.

 

g)         A copy of all examination reports prepared by an examiner.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.140  Endorsement

 

a)         A person licensed in another state or territory desiring to obtain licensure by endorsement shall submit an application to the Division that  shall include a certification of registration form completed by the licensing board of the state of original licensure, and the required fee.

 

b)         The Division shall evaluate the application to determine if the requirements in the state of original licensure are substantially equivalent to those in Illinois.  Within a reasonable time, the Division shall either grant licensure by endorsement or inform the applicant of the reasons for denial.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.150  Renewals

 

a)         The certificate of registration issued under the Act for a detection of deception examiner shall expire on May 31 of each odd-numbered year.  The holder of this certificate of registration may renew the certificate during the month preceding the expiration date by paying the fee required by Section 1230.155.

 

b)         The certificate of registration for detection of deception trainee shall expire one year from the date of issuance.  The holder of this certificate of registration may renew the certificate by submitting a new 4-page application and the fee required by Section 1230.155 two months prior to the expiration date of the initial certificate of registration. The certificate of registration for detection of deception trainee shall only be renewed one time past the initial issuance of the certificate.

 

c)         It is the responsibility of each registrant to notify the Division of any change of address. Failure to receive a renewal form from the Division shall not constitute an excuse for failure to pay the renewal fee.

 

(Source:  Amended at 37 Ill. Reg. 4832, effective April 1, 2013)

 

Section 1230.151  Restoration

 

A person seeking restoration of a license that has expired or been placed on inactive status for less than 5 years shall have the license restored upon payment of the fee required by Section 1230.155, except that the fee is waived, under Section 13 of the Act, for applicants who can provide an affidavit attesting to military service during which the license expired, if application is made within 2 years after discharge.

 

(Source:  Added at 29 Ill. Reg. 16416, effective October 13, 2005)

 

Section 1230.155  Fees

 

The following fees shall be paid to the Division and are not refundable:

 

a)         Application Fees

 

1)         The fee for application for a license as a detection of deception examiner is $100.  In addition, applicants for an examination shall be required to pay, either to the Division or to the designated testing service, a fee covering the cost of determining an applicant's eligibility and providing the examination.  Failure to appear for the examination on the scheduled date, at the time and place specified, after the applicant's application for examination has been received and acknowledged by the Division or the designated testing service, shall result in the forfeiture of the examination fee.

 

2)         The fee for application for a license as a detection of deception examiner trainee is $50.

 

b)         Renewal Fees

 

1)         The fee for the renewal of a detection of deception examiner license shall be calculated at the rate of $125 per year.

 

2)         The fee for the renewal of a detection of deception examiner trainee license is $50.

 

c)         General Fees

 

1)         The fee for the restoration of a license other than from inactive status is $50 plus payment of all lapsed renewal fees, not to exceed $675.

 

2)         The fee for the issuance of a duplicate license, for the issuance of a replacement license for a license that has been lost or destroyed or for the issuance of a license with a change of name or address, other than during the renewal period, is $20.  No fee is required for name and address changes on Division records when no duplicate license is issued.

 

3)         The fee for a certification of a licensee's record for any purpose is $20.

 

4)         The fee to have the scoring of an examination authorized by the Division reviewed and verified is $20 plus any fees charged by the applicable testing service.

 

5)         The fee for a wall certificate showing licensure shall be the actual cost of producing the certificate.

 

6)         The fee for a roster of persons licensed as detection of deception examiners in this State shall be the actual cost of producing the roster.

 

(Source:  Amended at 37 Ill. Reg. 4832, effective April 1, 2013)

 

Section 1230.160  Granting Variances

 

The Director may grant variances from this Part in individual cases where he or she finds that:

 

a)         The provision from which the variance is granted is not statutorily mandated;

 

b)         No party will be injured by the granting of the variance; and

 

c)         The rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)