22 TAC §391.4
The Polygraph Examiners Board proposes an amendment to §391.4,
concerning Supervision and Internship Review. The section is being amended
to accommodate scheduling difficulties between the Board Licensing Examination
and the persons scheduled to take that examination.
Frank DiTucci, Executive Officer, Polygraph Examiners Board, has determined
that the amendment will not result in any fiscal implications to the state
or to units of local government for the first five year period.
Mr. DiTucci also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be better scheduling accommodations between the Board Licensing
Examination and the persons scheduled to take that examination. There will
be no effect on small businesses. There are no anticipated economic costs
to persons who are required to comply with the rule as proposed.
Comments on the amendment may be submitted to: Frank DiTucci, Executive
Officer, Polygraph Examiners Board, P.O. Box 4087, Austin, Texas 78773-0001.
The amendment is proposed under the Polygraph Examiners Act,
Article 4413 (29cc), §6, which provides the board with the authority
to prescribe, adopt, and enforce rules relating to the administration and
enforcement of the provisions of the Polygraph Examiners Act, Article 4413
(29cc).
The amendment implements the Polygraph Examiners Act, Article 4413 (29cc).
Texas Administrative Code
§391.4.State Examinations for Polygraph Examiners License.
State examinations for polygraph examiner license shall conform with
the following.
(1)
When an intern becomes eligible, as provided by law, the
intern may take the state examination for a polygraph examiners license under
the direct supervision of the Board. The intern can take the academic and
scenario portions of the licensing examination under the Director supervision
any time after successful graduation from a Board approved polygraph school.
The oral board portion of the licensing examination can only be taken after
the intern has completed
five (5)
[
six (6)
] full months
of internship under a sponsoring, licensed examiner
(2)
Such examinations shall be held at Austin, Texas, or at
other locations designated by the Board. Persons eligible to take the examination
will be notified of the time, date, and location.
(3)
Examinations shall be held at the discretion of the Board,
the dates, locations, and times being designated by the Board.
(4)
Examinations shall consist of and include questions relating
to those topics set forth in the internship training schedule and a presentation
of actual polygraph examinations conducted by the applicant during their internship
training for Board evaluation.
(5)
The grades by all grading members on the licensing examinations
will be totaled and averaged and a grade of seventy percent (70%) must be
obtained in order to pass.
(6)
Failure to pass any portion of the examination shall require
such person to retake that portion failed. No polygraph examiner's license
shall be issued until the intern has passed all portions of the examination.
(7)
Persons failing any portion(s) thereof may retake the portion(s)
at the next scheduled examination date, provided that such person is qualified
to retake the portion(s) under the law or as set forth herein under the rules
and regulations pertaining to interns. Provided further that if any person
taking and failing any portion of such examination for the third time, such
person shall not be eligible to take another examination until the expiration
of twelve (12) months from the date of the last examination, providing such
person is otherwise qualified to take such examination by law and under the
applicable regulations.
(8)
When an intern fails the original licensing examination,
or any portion thereof, the intern shall not be permitted to engage in any
actual polygraph testing until such time as the intern and the sponsor have
reviewed the failing examination with a member of the Board or a member of
the Board's staff at the discretion of the presiding officer. The time, date,
and place of the review will be designated by the Board or its staff. The
sponsor shall furnish the presiding officer or their designated representative
with a written affidavit stating what corrective action will be taken or an
oral discussion of those corrective actions acceptable to the presiding officer.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on January 6, 2003.
TRD-200300024
Frank DiTucci
Executive Officer
Polygraph Examiners Board
Earliest possible date of adoption: February 16, 2003
For further information, please call: (512) 424-2058