Michigan Compiled Laws
Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729)
Section 338.1703 - Definitions.

Sec. 3.
As used in this act:
(a) "Person" means any natural person, firm, association, partnership, or corporation.
(b) "Examiner" means any person, other than an intern, who does any of the following:
(i) Purports to detect deception, verify truthfulness, or provide a diagnostic opinion of these matters through instrumentation or the use of a mechanical device.
(ii) Represents that he or she can or does offer the service of detecting deception, verifying truthfulness, or providing a diagnostic opinion of these matters through instrumentation or the use of a mechanical device.
(iii) Uses instrumentation or a mechanical device to measure or record an individual's bodily responses or psychophysiological activities to enable or assist the detection of deception, the verification of truthfulness, or the reporting of a diagnostic opinion regarding these matters.
(c) "Intern" means a person who is actively engaged in an approved training program pursuant to becoming an examiner.
(d) "Examinee" means an individual who is being examined, tested, or questioned by an examiner or intern for the purpose of detecting deception or verifying truthfulness.
(e) "Board" means the state board of forensic polygraph examiners.
(f) "Public examiner" means an examiner who performs or purports to perform the service of detecting deception or verifying truthfulness exclusively in his or her official capacity as a salaried employee of some agency, county, city, or township of this state.
(g) "Private examiner" means an examiner who performs or purports to perform the service of detecting deception or verifying truthfulness in any instance or under any circumstance other than as a public examiner.
(h) "Employer" means a person who employs 1 or more persons or who accepts applications for employment of persons; or an agent of an employer.
History: 1972, Act 295, Eff. Mar. 30, 1973 ;-- Am. 1982, Act 46, Eff. Mar. 30, 1983 Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.For abolishment of the state board of forensic polygraph examiners and transfer of its powers and duties to the department of labor and economic growth, see E.R.O. No. 2007-18, compiled at MCL 445.2024.

Structure Michigan Compiled Laws

Michigan Compiled Laws

Chapter 338 - Professions and Occupations

Act 295 of 1972 - Forensic Polygraph Examiners Act (338.1701 - 338.1729)

Section 338.1701 - Short Title.

Section 338.1702 - Persons Not Exempted From Act.

Section 338.1703 - Definitions.

Section 338.1704 - Minimum Standards for Instruments or Devices.

Section 338.1705 - State Board of Forensic Polygraph Examiners; Creation; Appointment, Terms, and Qualifications of Members; Vacancy.

Section 338.1706 - State Board of Forensic Polygraph Examiners; Election of Officers; Conducting Business at Public Meeting; Notice of Meeting; Additional Meetings; Examinations for Examiner's Licenses; Quorum; Majority Vote Required; Expenses; Annua...

Section 338.1707 - Rules; Filing of Applications; Collection and Disposition of Fees; Order as Prima Facie Proof; Appropriation of Funds.

Section 338.1708 - Activities Requiring License.

Section 338.1709 - Examiner's License; Issuance Without Examination; Conditions and Qualifications.

Section 338.1710 - Examiner's License; Qualifications.

Section 338.1711 - Intern's License; Qualifications.

Section 338.1712 - Temporary Examiner's License; Qualifications.

Section 338.1713 - Irrevocable Consent by Nonresident Applicant to Service of Process.

Section 338.1714 - Reciprocity.

Section 338.1715 - Fees; Receipt of Completed Application; Time Period for Issuance of License; Report; “Completed Application” Defined.

Section 338.1716 - Duration of Licenses.

Section 338.1717 - Specific Requirements as to Licenses.

Section 338.1718 - Renewal of Examiner's License.

Section 338.1719 - Refusal to Issue or Suspension or Revocation of License; Grounds.

Section 338.1720 - Investigating Actions of Applicant or Licensee; Motion or Complaint; Notice or Charges; Service of Notice; Hearing; Evidence; Continuance; Location of Hearing; Closed Hearing; Request for Public Hearing.

Section 338.1721 - Surrender or Seizure of License.

Section 338.1722 - Reinstatement of License.

Section 338.1723 - Transcripts and Records of Proceedings Before Board; Motion for Rehearing.

Section 338.1724 - Review.

Section 338.1725 - Witnesses; Documents.

Section 338.1726 - Repealed. 1982, Act 46, Eff. Mar. 30, 1983.

Section 338.1726a - Administration of Test by Examiner or Intern in Violation of Polygraph Protection Act of 1981; Misdemeanor; Penalty; Liability to Employee or Applicant.

Section 338.1727 - Injunction.

Section 338.1728 - Unlawful Disclosures; Exceptions.

Section 338.1729 - Violations; Penalties.