(a) Section 8 (b) and (c) of the Act provides that the limited
exemption in section 7(d) of the Act for ongoing investigations, and the
security service and controlled substances exemptions in section 7 (e)
and (f) of the Act, shall not apply unless the person conducting the
polygraph examination meets specified qualifications and requirements.
(b) An examiner must meet the following qualifications:
(1) Have a valid current license, if required by the State in which
the test is to be conducted; and
(2) Carry a minimum bond of $50,000 provided by a surety
incorporated under the laws of the United States or of any State, which
may under those laws guarantee the fidelity of persons holding positions
of trust, or carry an equivalent amount of professional liability
coverage.
(c) An examiner must also, with respect to examinees identified by
the employer pursuant to Sec. 801.30(c) of this part:
(1) Observe all rights of examinees, as set out in Secs. 801.22,
801.23, 801.24, and 801.25 of this part;
(2) Administer no more than five polygraph examinations in any one
calendar day on which a test or tests subject to the provisions of EPPA
are administered, not counting those instances where an examinee
voluntarily terminates an examination prior to the actual testing phase;
(3) Administer no polygraph examination subject to the provisions of
the Act which is less than ninety minutes in duration, as described in
Sec. 801.24(b) of this part;
(4) Render any opinion or conclusion regarding truthfulness or
deception in writing. Such opinion or conclusion must be based solely on
the polygraph test results. The written report shall not contain any
information other than admissions, information, case facts, and
interpretation of the charts relevant to the stated purpose of the
polygraph test and shall not include any recommendation concerning the
employment of the examinee; and
(5) Maintain all opinions, reports, charts, written questions,
lists, and other records relating to the test, including statements
signed by examinees advising them of rights under the Act (as described
in Sec. 801.23 (a)(3) of this part) and any electronic recordings of
examinations, for at least three years from the date of the
administration of the test. (See Sec. 801.30 of this part for
recordkeeping requirements.)
