Rules & Regulations of the State of Tennessee Title 1160 - Private Investigation and Polygraph Commission (Polygraph Rules)
Rules & Regulations of the State of Tennessee
Title 1160 – Private Investigation and Polygraph Commission
(Polygraph Rules)
I. Purpose and Authority of Title 1160
Title 1160 contains the administrative rules adopted by the Tennessee Private Investigation and Polygraph Commission. These rules are issued under the authority granted by the Tennessee Polygraph Examiners Act, codified in Title 62, Chapter 27 of the Tennessee Code Annotated.
The purpose of Title 1160 is to:
Protect the public from unqualified or unethical polygraph examiners
Establish minimum qualifications and professional standards
Regulate licensing, fees, examinations, and discipline
Safeguard the rights of individuals subjected to polygraph examinations
The rules apply to all persons who conduct or represent themselves as conducting polygraph examinations in Tennessee, whether in private practice or government employment, unless a statutory exemption applies.
II. Structure of Title 1160
Title 1160 is divided into two primary chapters:
Chapter 1160-01 — Administration and Enforcement
Chapter 1160-02 — Continuing Education
Chapter 1160-01 contains the substantive regulatory requirements governing licensure and professional conduct. Chapter 1160-02 addresses ongoing competency requirements.
III. Chapter 1160-01 — Administration and Enforcement
A. Licensing and Application Requirements
1. Application Process (Rule 1160-01-.02)
Applicants seeking licensure as a polygraph examiner must:
Submit a completed application on a form prescribed by the Commissioner
Pay all required, non-refundable application fees
Provide a recent photograph
Submit fingerprints for a criminal background check
Legal significance:
These requirements implement statutory mandates designed to ensure that only qualified and trustworthy individuals are licensed. The fingerprinting requirement reflects the legislature’s concern with integrity and public safety.
B. Licensing Examination
2. Examination Requirements (Rule 1160-01-.03)
Applicants may not sit for the polygraph licensing examination unless statutory eligibility requirements are met.
Polygraph interns may take the examination during their internship period.
The examination must be scheduled at least ten days in advance.
Examination fees must be paid before testing.
Legal significance:
The examination process ensures uniform minimum competency and supports the state’s regulatory authority over the profession.
C. Professional Standards of Conduct
3. Core Conduct Rules (Rule 1160-01-.06)
This section is the most important part of Title 1160, as it governs how polygraph examinations must be conducted.
1. Pre-Examination Disclosure
Before conducting any examination, the examiner must:
Explain the nature and purpose of the polygraph test
Explain the procedure and technique
Inform the examinee of the right to consult with an attorney before the examination
Legal significance:
This requirement protects voluntariness and aligns with constitutional due process principles.
2. Consent and Examinee Rights
The examiner must obtain a written acknowledgment stating that the examinee:
Understands participation is voluntary
Has the right to refuse or terminate the examination at any time
May request a written copy of the results
Has the right to record the examination
Failure to obtain informed consent constitutes a regulatory violation and may result in discipline.
3. Prohibited Questions in Employment Examinations
In employment-related polygraph examinations, examiners are prohibited from asking questions concerning:
Religious beliefs or affiliations
Political beliefs or affiliations
Sexual behavior or sexual orientation
Disability-related matters protected by law
Conduct occurring more than five years prior, unless related to criminal activity or a felony conviction
Legal significance:
These prohibitions reflect privacy protections and anti-discrimination principles under both state and federal law.
4. Charting and Timing Standards
All questions and responses must be accurately recorded on the polygraph charts.
There must be a minimum of ten seconds between questions.
The examination must follow accepted polygraph techniques.
These standards are intended to promote reliability and reduce examiner manipulation.
5. Opinion and Results Restrictions
An examiner may not issue a verbal or written opinion based on chart analysis unless:
The same relevant questions were asked on at least three separate charts
The examinee has been given an opportunity to explain any physiological responses suggesting deception
If the examinee is represented by counsel, results may be provided directly to counsel upon request
Legal significance:
This rule prevents premature or unsupported conclusions and limits the risk of coercive practices.
D. Fees and Renewals
4. Fee Schedule (Rule 1160-01-.08)
Title 1160 establishes fees for:
Applications
Initial licenses
License renewals
Late renewals
Duplicate licenses
Intern permits
Company licenses
Failure to timely renew may result in penalties or lapse of licensure.
E. Discipline and Enforcement
Violations of Title 1160 may result in:
License suspension
License revocation
Civil penalties
Administrative sanctions
Disciplinary authority is exercised under the Tennessee Uniform Administrative Procedures Act.
IV. Chapter 1160-02 — Continuing Education
Licensed polygraph examiners must complete continuing education as a condition of renewal.
Key points:
Education must relate directly to polygraph techniques, ethics, or professional competency
Programs must be approved or recognized by the Commission
Failure to meet continuing education requirements may result in non-renewal or discipline
Legal significance:
Continuing education ensures that examiners remain current with evolving standards and scientific critiques of polygraph methodology.
V. Relationship to Tennessee Statutory Law (Title 62)
Title 1160 operates in conjunction with Title 62, Chapter 27, which:
Makes it unlawful to conduct polygraph examinations without a license
Grants the Commission authority to regulate and discipline examiners
Establishes confidentiality protections
Defines exemptions and penalties
The rules do not create new rights; they implement and enforce statutory mandates.
VI. Tennessee Case Law Involving Polygraphs
While Title 1160 regulates professional conduct, Tennessee courts have consistently expressed skepticism toward polygraph evidence.
1. State v. McCaleb (Tennessee Supreme Court)
The court held that:
Statements made during or after a polygraph examination may be excluded if their probative value is outweighed by the risk of unfair prejudice
Polygraph-related evidence is subject to strict evidentiary scrutiny
Trial courts retain broad discretion under Rule 403 of the Tennessee Rules of Evidence
Impact:
Even if a polygraph is conducted in full compliance with Title 1160, results or related statements are not automatically admissible in court.
2. Earlier Tennessee Decisions
Tennessee courts have repeatedly held that:
Polygraph results are inherently unreliable
References to polygraph testing may improperly influence juries
Confessions or statements obtained during polygraph examinations must be carefully evaluated for voluntariness
These cases emphasize that regulatory compliance does not equal evidentiary admissibility.
VII. Practical Legal Implications
For Examiners
Compliance with Title 1160 is mandatory to maintain licensure
Violations can result in severe administrative penalties
Compliance does not guarantee courtroom use of results
For Examinees
Participation is voluntary
Strong procedural and privacy protections exist
Polygraph results are not determinative of guilt or liability
For Courts
Title 1160 governs professional licensing, not evidentiary standards
Courts independently assess admissibility under the Rules of Evidence
VIII. Summary
Title 1160 establishes a strict regulatory framework governing polygraph examiners in Tennessee. It prioritizes:
Public protection
Examiner accountability
Informed consent
Ethical limitations
However, Tennessee case law makes clear that polygraph evidence remains disfavored in judicial proceedings, regardless of regulatory compliance.
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