(a) The actual testing phase refers to that time during which the
examiner administers the examination by using a polygraph instrument
with respect to the examinee and then analyzes the charts derived from
the test. Throughout the actual testing phase, the examiner shall not
ask any question that was not presented in writing for review prior to
the testing phase. An examiner may, however, recess the testing phase
and return to the pre-test phase to review additional relevant questions
with the examinee. In the case of an ongoing investigation, the examiner
shall ensure that all relevant questions (as distinguished from
technical baseline questions) pertain to the investigation.
(b) No testing period subject to the provisions of the Act shall be
less than ninety minutes in length. Such ``test period'' begins at the
time that the examiner begins informing the examinee of the nature and
characteristics of the examination and the instruments involved, as
prescribed in section 8(b) (2)(B) of the Act and Sec. 801.23 (a)(2) of
this part, and ends when the examiner completes the review of the test
results with the examinee as provided in Sec. 801.25 of this part. The
ninety-minute minimum duration shall not apply if
the examinee voluntarily acts to terminate the test before the
completion thereof, in which event the examiner may not render an
opinion regarding the employee's truthfulness.
