title-560•Oklahoma Administrative Code, Title 560
Oklahoma Administrative Code, Title 560
title-560Oklahoma Admin. Code Title 560Regulation
Partial collection: 3 complete publisher documents are included. The complete current publisher inventory has not been verified. Cornell Legal Information Institute edition captured on 2026-10-02. Only verified complete rule documents are included; the complete current title inventory has not been verified.
Chapter 1 Administrative Operations
Okla. Admin. Code § 560:1-1-1 Purpose
(a) The purpose of this chapter is to set forth general provisions for the administrative operation of the Polygraph Examiners Board.
(b) Further, the chapter also provides a description of the organizational structure, statutory authority, definitions and powers vested in the board.
Okla. Admin. Code § 560:1-1-2 Definitions
The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:
"Board" means the Polygraph Examiners Board.
"Chairman" means that Board member elected as Chairman who presides over Board meetings, functions as coordinator between the Board and the Council (as hereinafter defined), and monitors correspondence received daily by the Board Executive Secretary.
"Council" means the Council on Law Enforcement Education and Training.
"Executive Secretary" means that individual appointed by the Council to act as Executive Secretary to the Board. He is responsible for the preparation of the meeting agendas and the daily administrative activities of the Board.
"He/His" as used herein, is representative of he/she or his/her.
"Internship" means the study of polygraph examination and the administration of polygraph examinations by a trainee under the personal supervision and control of a polygraph examiner in accordance with a course of study prescribed by the Board at the commencement of such internship.
"Person" means any natural person, firm, association, partnership, or corporation.
"Polygraph Examiner" means any person who purports to be able to detect deception or verify truth of statements through instrumentation or the use of a mechanical or electronic device as defined in 59 O.S., Section 1454.
"Secretary/Treasurer" means that Board member elected by the Board to handle all correspondence, as directed by the Chairman.
"Vice-Chairman" means that Board member elected as Vice-Chairman who presides over Board meetings and assumes the duties of the Chairman in the absence of such Chairman.
"Voluntary" as used herein, does not apply to public employees of units of government with existing policy and/or rules or regulations regarding mandatory polygraph utilization in internal investigations.
History
- Amended at 23 Ok Reg 1964, eff 7-1-06
Okla. Admin. Code § 560:1-1-3 Statutory authority and powers
(a) Creation. The Oklahoma Legislature created the Oklahoma Board of Polygraph Examiners and established the Oklahoma Polygraph Examiners Act and statutes relating thereto in 59 O.S. 1981 §§ 1451 through 1476.
(b) Rules.
(1) The Board shall have the full power to establish and promulgate Rules and Regulations for the administration and enforcement of the Polygraph Examiners Act.
(2) The Board hereby adopts (as a Rule) all provisions of the Polygraph Examiners Act and establishes Rules and Regulations, for all polygraph examiners in the State of Oklahoma to protect the public and ensure polygraph examiners maintain professional standards.
(c) Witnesses.
(1) Subpoena. The Board, upon request of a party, or upon its own motion, may order the Secretary to issue a subpoena in the name of the Board, in any pending proceeding requiring attendance of a witness from any place in the state to the place of hearing. Praecipe for Subpoena shall be filed with the Secretary and the Order of the Board endorsed thereon.
(2) Subpoena Duces Tecum. A subpoena may require the witness to produce at the hearing books, records, polygraph charts, papers and other instruments and tangible objects, which shall be described with reasonable particularity in the subpoena. A subpoena duces tecum directed to a party not an individual, may direct that the records be produced by an officer or employee responsible therefore.
(3) Service of Subpoena. A subpoena may be served by a law enforcement officer, by an attorney, or by any other person competent to make an oath; and the person serving the same shall attach his affidavit of the person served, and time and manner of service. Service also may be made in any other manner provided by law. A party may be served by leaving a copy thereof at the principal place of business of the party, with the party or an employee who customarily serves as the secretary or receptionist of the party.
(4) Return. The original subpoena, with affidavit of service thereon, shall be filed with the Secretary of the Board. The attendance of a witness shall not be enforced unless the original subpoena is on file at the time of the hearing.
(5) Fees. The attendance of a witness will not be enforced unless the party causing subpoena to be issued, tenders the witness fee provided by law for a witness subpoenaed to testify in the District Court of Oklahoma; and in addition, mileage to and from the place of hearing and the place of residence of the witness at the current State mileage rate. Attendance of a witness shall not be enforced at the second or subsequent day of hearing, unless the party causing the subpoena be issued tenders additional mileage to and from the place of hearing, and the current State perdiem rate for each additional day of attendance. The payment of fees shall not be required when a subpoena is issued on behalf of the Board.
(6) Testimony. A witness present at a hearing pursuant to subpoena may be called to testify by the Board or by any party.
(7) Protective orders. The Board may make any orders with respect to subpoena and attendance of witnesses with or without application or notice, as may be appropriate for the protection of parties and witnesses, including an order excusing attendance, or limiting documents to be produced.
(d) Conditional license. In special cases, the Board shall have the authority to issue a Conditional License. It will be for a fixed period of time, not to exceed one (l) year, with specific terms to be met. Such license is designed to permit either retraining (under the auspices of the Board) or to allow for special provisions during the Internship. If the recipient of a conditional license fails to meet the stated terms, then said license shall be null and void. The recipient of a conditional license shall sign an agreement to immediately return his intern authorization or polygraph examiners license and pocket identification card to the Board upon request.
(e) Refusal, suspension or revocation of license. The Board may refuse to issue, suspend or revoke a license pursuant to the provisions of the Polygraph Examiners Act.
History
- Amended at 15 Ok Reg 3658, eff 7-26-98
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