Alabama Administrative Code Chapter 740-X-6 — Complaints

740 Alabama Board of Polygraph Examiners

Ala. Admin. Code r. 740-X-6-.01 Complaints

(1) The Board will take action on complaints which are submitted to it on forms prescribed and supplied by the Board in order to determine if there is reason to believe that the act or these regulations have been violated.

(2) The form for complaints to the Board is as follows:

FORMAL COMPLAINT AND AFFIDAVIT

Concerning:________________________ (Name of Examiner Complained against)

To the Secretary and the Board:

I hereby formally complain about the above-named polygraph examiner.

I realize that this complaint may result in formal Board action against this examiner. I agree to cooperate in any resulting investigation and to appear, if requested, to testify in person under oath concerning this matter.

The factual details and specifications of the complaint are contained in the attached affidavit and are incorporated herein by reference.

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Signature of Complainant

STATE OF________________ ) CONCERNING POLYGRAPH ) COUNTY OF_______________ ) EXAMINER:_______________________

AFFIDAVIT OF COMPLAINT

Before me, the undersigned Notary Public, appeared

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who, after being duly sworn, deposes and says as follows:

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Affiant

Sworn to and subscribed before me this_____day of_______, 199__.

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Notary Public

My Commission expires__________

(3) Board complaint forms may be obtained at the Board office by writing the Board, or from individual Board members.

History

• Author: Polygraph Examiners Board
• Authority: Code of Ala. 1975, §§ 34-25-5(a), 41-22-4.
• Filed February 7, 1984.

Ala. Admin. Code r. 740-X-6-.02 Proceedings On Complaints

(2) The Board has authorized establishment of a complaint committee. The committee will include the administrative secretary, the board’s legal consultant and the board member from the complainant’s geographical area.

(1) Upon receiving a complaint, the Board may:

(a) Make a further investigation of the matters referred to in the complaint;

(b) Request that all of the parties concerned appear at an informal hearing on the complaint; or

(c) Begin proceedings to suspend or revoke a polygraph examiner's license as provided by law.

(2) After conducting an investigation or after an informal hearing, the Board may begin formal proceedings to issue oral or written reprimands, place an examiner on probation, or to suspend or revoke a polygraph examiner's license.

(3) The Board shall begin proceedings to suspend or revoke a polygraph examiner's license whenever a complaint is made to the Board unless the Board determines, after investigation or an informal hearing, that the facts do not support a claim that the act or these regulations have been violated.

History

• Author: Polygraph Examiners Board
• Authority: Code of Ala. 1975, §§34-25-5(a), 41-22-4.
• Filed February 7, 1984. Amended: Filed November 6, 1991. Amended: Published December 31, 2019; effective February 14, 2020.

Ala. Admin. Code r. 740-X-6-.03 Inspection Of Records And Documents By The Board

The Board may authorize an inspection of all opinions, reports, charts, question lists and other records relating to any polygraph examination performed in the State of Alabama. Such inspection shall be for the purpose of determining if there has been any violation of the provisions of these regulations. The Board may direct that the inspection take place at the location of the records or at a Board meeting.

History

• Author: Polygraph Examiners Board
• Authority: Code of Ala. 1975, §§ 34-25-5(a), 41-22-4.
• Filed October 1, 1981.

Ala. Admin. Code r. 740-X-6-.04 Preservation Of Records And Documents

All examiners will preserve and keep on file for a minimum of two years after each polygraph examination all opinions, reports, charts, question lists, and other records relating to the polygraph examination. These records and documents, along with any others that are preserved, shall be subject to inspection and examination by the Board as provided in Rule 740-X-6-.03.

History

• Author: Polygraph Examiners Board
• Authority: Code of Ala. 1975, §§ 34-25-5(a), 41-22-4.
• Filed October 1, 1981.

Ala. Admin. Code r. 740-X-6-.05 Records In Board Possession

No Board record or records obtained from examiners will be removed from the Board office unless signed for by the person receiving such records.

History

• Author: Polygraph Examiners Board
• Authority: Code of Ala. 1975, §§ 34-25-5(a), 41-22-4.
• Filed October 1, 1981.