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F. Who has had conferred upon him an academic degree, at least at the baccalaureate level, from a college or university accredited by the Department;

and

G. Who has satisfactorily completed not less than six months of internship training.

SEC. 12. The Department shall issue an internship license to a trainee upon application and payment of the required fee which application shall contain such information as may be reasonably required by the Department.

An internship license shall be valid for the term of twelve months from the date of issue. The Department may renew or extend any internship license upon good cause shown for any term not to exceed twelve months.

SEC. 13. Each license shall be issued for the term of one calendar year or for such part thereof as remains at the time of the issuance thereof. Each license shall be renewed during the month of November of each year. Each license not renewed during November of each year shall expire on December 1, of that year. An examiner whose license has expired may be reinstated at any time within five years after the expiration thereof, by making a renewal application therefor and by paying the renewal license fee and all lapsed renewal fees for each year since the expiration of his license. However, any examiner whose license expired while he was (1) in Federal service on active duty with the Armed Forces of the United States, or the State militia called into service or training, or (2) in training or education under the supervision of the United States preliminary to induction into the military service, may have his license renewed, reinstated or restored without paying any lapsed renewal fees if within two years after honorable termination of such service, training or education except under conditions other than honorable, he furnishes the Department with satisfactory evidence to the effect that he has been so engaged and that his service, training or education has been so terminated. A license or duplicate license must be prominently displayed at the principal place of business of every examiner. Each license shall be signed by the Director and shall be issued under the seal of the Department.

Notice in writing shall be given to the Department by such license holder of any change of principal business location whereupon, the Department shall issue a new license for the unexpired period upon payment of the required fee. A change of business location without notification to the Department and without the issuance by it of a new license shall automatically suspend the license theretofore issued.

SEC. 14. The Department may refuse to issue or may suspend or revoke a license for any one of the following grounds:

A. Material misstatement in the application for original license or in the application for any renewal license under this Act.

B. Wilful disregard or violation of this Act or of any regulation or rule issued pursuant thereto.

C. Conviction of a felony or a misdemeanor involving moral turpitude.

D. Making any wilful misrepresentation or false promises or causing to be printed any false or misleading advertisement for the purpose of directly or indirectly obtaining business or trainees.

E. Having demonstrated incompetency to act as an examiner as defined under this Act.

F. Allowing one's license under this Act to be used by an unlicensed person in violation of the provisions of this Act.

G. Wilfully aiding or abetting another in the violation of this Act or of any rule issued by the Department pursuant thereto.

H. Where the license holder has been adjudged mentally ill, mentally deficient or in need of mental treatment as provided in the Mental Health Code. I. Failing, within a reasonable time, to provide information requested by the Department as the result of a formal or informal complaint to the Department, which would indicate a violation of this Act.

SEC. 15. Any unlawful act or violation of any of the provisions of this Act upon the part of any examiner or trainee, shall not be cause for revocation of the license of any other examiner for whom the offending examiner may have been employed, unless it shall appear that the examiner has wilfully aided or abetted the actions or activities of the offending examiner or trainee.

SEC. 16. The Department shall prepare annually a list of the names and addresses of all examiners and trainees and of all persons whose licenses have been suspended or revoked within the previous year, which list shall be mailed

31-647-64- -9

to the county clerk of each county of the State and be held by such county clerk as a public record.

SEC. 17. The Department may upon its own motion and shall upon the verified complaint in writing of any person setting forth facts which if proved would constitute grounds for refusal, suspension or revocation of a license under this Act, investigate the actions of any applicant or any person or persons holding or claiming to hold a license. The Department shall, before refusing to issue and before suspension or revocation of a license, at least ten days prior to the date set for the hearing, notify in writing the applicant for, or holder of a license, of the nature of the charges and that a hearing will be held on the date designated. The hearing shall determine whether the applicant or holder, hereinafter called the respondent is privileged to hold such license, and shall afford the respondent an opportunity to be heard in person or by counsel in reference thereto. Such written notice may be served by delivery of the same personally to the respondent at the address of his last notification to the Department. At the time and place fixed in the notice, the Committee shall proceed to hear the charges and both the respondent and complainant shall be accorded ample opportunity to present in person or by counsel such statements, testimony, evidence and argument as may be pertinent to the charges or to the defense thereto. The Committee may continue such hearing from time to time. If the Committee shall not be sitting at the time and place fixed in the notice or at the time and place to which the hearing shall have been continued, the Director shall continue such hearing for a period not to exceed thirty days, unless extended by stipulation of both parties.

SEC. 18. The Department, at its expense, shall provide a stenographer to take down the testimony and preserve a record of all proceedings at the hearing of any case involving the refusal to issue or the suspension or revocation of a license. The notice of hearing, complaint and all other documents in the nature of pleadings and written motions filed in the proceedings, the transcript of testimony, the report of the Committee and orders of the Department shall be the records of such proceedings. The Department shall furnish a transcript of such record to any person or persons interested in such hearing upon the payment therefor of 75 cents per page for each original transcript and 5 cents per page for each carbon copy thereof ordered with the original; provided that the charge for any part of such transcript ordered and paid for previous to the writing of the original record thereof shall be 25 cents per page.

In any case involving the refusal to issue or the suspension or revocation of a license, a copy of the Committee's report shall be served upon the respondent by the Department, either personally or by registered or certified mail as provided in this Act for the service of the notice of hearing. Within twenty days after such service, the respondent may present to the Department a motion in writing for a rehearing, which written motion shall specify the particular grounds therefor. If no motion for rehearing is filed, then upon the expiration of the time specified for filing such a motion, or if a motion for rehearing is denied, then upon such denial the Director may enter an order in accordance with recommendations of the Committee. If the respondent shall order and pay for a transcript of the record within the time for filing a motion for rehearing, the twenty day period within which such a motion may be filed shall commence upon the delivery of the transcript to the respondent.

SEC. 19. Any circuit or superior court or any judge thereof, either in term time or vacation, may, upon application of the Director or of the applicant or licensee against whom proceedings upon section 17 of this Act are pending, enter an order requiring the attendance of witnesses and their testimony, and the production of documents, papers, files, books, and records in connection with any hearing in any proceedings under that section. The court or judge may compel obedience to its or his order by proceedings for contempt.

SEC. 20. Any person affected by a final administrative decision of the Department may have such decision reviewed judicially by the circuit or superior court of the county wherein such person resides. If the plaintiff in the review proceeding is not a resident of this State, the venue shall be in Sangamon County. The provisions of the "Administrative Review Act", approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final ad

ministrative decisions of the Department hereunder. The term "administrative decision" is defined as in Section 1 of said "Administrative Review Act".

The Department shall not be required to certify the record of the proceeding unless the plaintiff in the review proceedings shall first pay to the Department the sum of 75¢ per page of such record. Exhibits shall be certified without cost. SEC. 21. Upon the revocation or suspension of any license, the licensee shall forthwith surrender the license or licenses to the Department and if the licensee fails to do so, the Department shall have the right to seize the same.

SEC. 22. The Director, on the recommendation of the Committee, may issue regulations, consistent with the provisions of this Act, for the administration and enforcement thereof and may prescribe forms which shall be issued in connection therewith.

SEC. 23. No action or counterclaim shall be maintained by any person in any court in this State with respect to any agreement or services for which a license is required by this Act or to recover the agreed price or any compensation under any such agreement, or for such services for which a license is required by this Act without alleging and providing that such person had a valid license at the time of making such agreement or doing such work.

SEC. 24. If any person violates the provision of this Act, the Director may, in the name of the people of the State of Illinois, through the Attorney General of the State of Illinois, apply, in any court of competent jurisdiction, for an order enjoining such violation or for an order enforcing compliance with this Act. Upon the filing of a verified petition in such court, the court or any judge thereof, if satisfied by affidavit or otherwise that such person has violated this Act, may issue a temporary injunction, without notice or bond, enjoining such continued violation, and if it is established that such person has violated or is violating this Act, the court, or any judge thereof, may summarily try and punish the offender for contempt of court. Proceedings under this section shall be in addition to, and not in lieu of, all other remedies and penalties provided by this Act. SEC. 25. An order or a certified copy thereof, over the seal of the Department and purporting to be signed by the Director, shall be prima facie proof thereof: (a) That such signature is the genuine signature of the Director;

(b) That such Director is duly appointed and qualified;

(c) That the Committee and the members thereof are qualified to act.

SEC. 26. The fee to be paid by an applicant for an examination to determine his fitness to receive an examiner's license is $50.

The fee is to be paid for an examiner's renewal license is $25.

The fee to be paid for an internship license is $10.

The fee to be paid for a renewal internship license is $5.

The fee to be paid by an unlicensed examiner to be registered under the provisions of section 5 is $5.

The fee to be paid for the issuance of a duplicate license or a license indicating a change of address is $5.

The fee to be paid for the reinstatement of an examiner's license within five years of the lapse thereof shall be $5 and all of the lapsed renewal fees.

The fee to be paid for the restoration of a license which lapsed more than five years preceding the application for restoration shall be $50.

This section in regard to fees shall not apply to any examiner in the exculsive employment of the United States of America, the State of Illinois, any county, municipality, or political subdivision in this State, any department, bureau or agency of any of the foregoing, or any examiner thereof in the pursuit of his official duties.

SEC. 27. Should any one or more provisions of this Act be held invalid, such invalidity shall in no manner affect any of the other provisions hereof.

SEC. 28. Any person who violates any provision of this Act or any person who falsely states or represents that he has been or is an examiner or trainee shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than $25, nor more than $500 or imprisonment in the county jail for a term of not to exceed six months, or both. All fines under this Act shall inure and be paid to the county in which the prosecution is maintained. SEC. 29. At any time after the suspension or revocation of any license, the Department may restore it to the accused person, upon the written recommendation of the Committee.

SEC. 30. An applicant who is an examiner, licensed under the laws of another State or territory of the United States, may be issued a license without examination by the Department, in its discretion, upon payment of a fee of $50, and the production of satisfactory proof:

(a) That the applicant is at least 21 years of age; and

(b) That the applicant is a citizen of the United States; and

(c) That he is of good moral character; and

(d) That the requirements for the licensing of examiners in such particular State or territory of the United States were at the date of licensing, substantially equivalent to the requirements then in force in this State; and

(c) That the applicant had lawfully engaged in the administration of polygraph examinations under the laws of such State or territory for at least two years prior to his application for license hereunder; and

(f) That such other State or territory grants similar reciprocity to license holders of this State.

SEC. 31. Appropriation.

EXHIBIT 1B-KENTUCKY

SESSION LAWS OF KENTUCKY, 1963

CHAPTER 78

(S. B. 63)

AN ACT Relating to "Detection of Deception Examiners," for licensing and regulating

same

Be it enacted by the General Assembly of the Commonwealth of Kentucky: SECTION 1. As used in this Act, unless the context otherwise requires :

(1) "Detection of Deception Examiner," hereinafter referred to as "Examiner," means any person, other than on a trainee, who uses any device or instrument to test or question individuals for the purpose of detecting deception.

(2) "Trainee" means any person who administers detection of deception examinations under the personal supervision and control of an examiner. (3) "Person" means any natural person, partnership, association, corporation or trust.

(4) "Department" means the Department of Public Safety of the Commonwealth of Kentucky.

(5) "Commissioner" means the Commissioner of the Department of Public Safety of the Commonwealth of Kentucky.

SEC. 2. Every examiner shall use an instrument which records permanently and simultaneously the subject's cardiovascular and respiratory patterns as minimum standards, but such an instrument may record additional physiological changes pertinent to the detection of deception.

SEC. 3. (1) No person shall administer a detection of deception examination, as set forth in Section 1 of this Act, or any imitation thereof, without first securing a trainee's license or an examiner's license. Each application for a trainee's license shall be made to the department within ten days of the commencement of the trainee's internship, and said application shall contain such information as may be reasonably required by the department. The department shall issue the trainee license free of charge. Each application for an examiner's license shall be made to the department in writing on forms provided by the department and shall contain such information as is required by the department to determine the eligibility of the applicant. Each application for an examiner's license shall be accompanied by a fee of twenty dollars, which is nonrefundable. (2) Each applicant for an examiner's license shall submit his fingerprints to the department together with a sworn affidavit that said applicant: (a) Is a citizen of the United States;

(b) Is at least twenty-one years of age;

(c) Has administered detection of deception examinations for a period of at least two years using the instrumentation prescribed in Section 2 of this Act: (d) Has completed a course of formal training in detection of deception in an institution accepted by the department; and

(e) Has not been convicted of a misdemeanor involvolving moral turpitude or a felony, or who has not been relased or discharged under other than honorable

conditions from any of the Armed Services of the United States, or any branch of the state, city or federal government.

(3) Upon receipt of an application for a trainee's license or for an examiner's license, the commissioner shall investigate each application, and no license will be issued until said investigation is complete.

SEC. 4. On the effective date of this Act, any person who has actually engaged in the occupation, business or profession of an examiner for a period of five years, and who has used for that period the instrumentation prescribed in Section 2 of this Act, shall, upon application within one year after the effective date of this Act and upon payment of the required license fee, be issued a license hereunder, without completion of formal training in an institution; provided, however, that the commissioner may require such applicant to submit satisfactory proof that he has so engaged for such period and has the other qualifications of an examiner as are set forth in this Act.

SEC. 5. (1) Each examiner's license shall be issued for the term of one calendar year or for such part thereof as remains at the time of the issuance thereof. Each examiner's license shall be renewed during the month of December of each year, and each examiner's not so renewed shall expire on December 31, of that year. A renewal fee of fifteen dollars shall accompany each renewal application for the examiner's license.

(2) An examiner whose license has expired may, at any time within five years after the expiration thereof, obtain a renewal license by making a renewal application therefor and by paying a renewal license fee for each year since the expiration of his license; provided, however, any examiner whose license expired while he was (a) on active duty with the Armed Forces of the United States, or (b) called into service or training with the State Militia, or (c) in a training or education program under the supervision of the United States preliminary to induction into the military service, may have his license renewed without paying any intervening renewal license fee if within two years after termination of service, training or education, except under conditions other than honorable, he furnishes the department an affidavit to the effect that he has been so engaged and that his service, training or education has been so terminated. The commissioner shall, before issuing the renewal license, investigate each applicant during the expiration period.

(3) Each trainee's license shall be issued for the term of eighteen months. The department may renew or extend a trainee's license upon good cause shown for any term not to exceed eighteen months.

SEC. 6. (1) A license or duplicate license must be prominently displayed at each place of business of every examiner or trainee. The fee for a duplicate license is five dollars. Each license shall be signed by the commissioner and shall be issued under the seal of the department.

(2) Notice in writing shall be given to the department by such license holder of any change of principal business location whereupon, the department shall issue a new license for the unexpired period without charge. A change of business location without notification to the department and without the issuance by it of a new license shall automatically suspend the license theretofore issued. SEC. 7. Each nonresident applicant for a trainee's license or examiner's license or a renewal license shall file an irrevocable consent that actions against the applicant may be filed in any appropriate court of any county or municipality of this Commonwealth in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged cause of action arose and that process in any action may be served on the applicant by leaving two copies thereof with the commissioner of the department. Such consent shall stipulate and agree that such service of process shall be valid and binding for all purposes. The commissioner shall send forthwith one copy of the process to the applicant by registered or certified mail at the address shown on the records of the department.

SEC. 8. The department may deny, suspend or revoke any license on any one or more of the following grounds:

(1) Material misstatement in the application for a license or in the application for a renewal license.

(2) Wilful disregard or violation of this Act or of any regulation or rule issued pursuant thereto.

(3) If the holder of any license has been adjudged guilty of the commission of a felony or a misdemeanor involving moral turpitude.

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