Rules & Regulations of the State of Tennessee Title 1160 - Private Investigation and Polygraph Commission (Polygraph Rules)
Title 1160 of the Tennessee Compilation of Rules & Regulations specifically addresses the Polygraph Rules governed by the Tennessee Private Investigation and Polygraph Commission. This commission is part of the Tennessee Department of Commerce and Insurance.
Here's a breakdown of what you can generally find within Title 1160 concerning polygraph examiners and services:
Chapter 1160-01 - Administration and Enforcement:
Definitions (1160-01-.01): Defines key terms used throughout the rules, such as "polygraph," "examiner," "intern," "commission," etc.
Applications (1160-01-.02): Outlines the requirements for applying for a polygraph examiner license, including:
Educational prerequisites.
Training requirements (e.g., completion of an approved polygraph examiner course).
Background checks and fingerprinting.
Submission of a complete application within a specified timeframe.
Examinations (1160-01-.03): Details the licensing examination process, including when an applicant is eligible to take the exam and any prerequisites.
Intern Sponsors (1160-01-.04): Sets out the requirements and responsibilities for individuals who sponsor polygraph interns, including:
Supervision requirements for interns.
Number of examinations an intern must conduct under supervision (e.g., 50 examinations during a 12-month internship).
Sponsor's responsibilities to ensure the intern understands theory, techniques, and chart analysis.
Provisions for limited supervision under certain geographic circumstances.
Course of Study for Internship (1160-01-.05): Specifies the curriculum and learning objectives for polygraph interns.
Professional Standards (1160-01-.06): This is a critical section that details the ethical and procedural standards polygraph examiners must adhere to. Key points typically include:
Informed Consent: Examiners must explain the polygraph technique, the nature of the examination, and the examinee's right to consult an attorney.
Voluntary Participation: The examinee must voluntarily consent, have the right to refuse to take the examination or answer any question, and can terminate the examination at any time. A signed notification form from the examinee confirming this understanding is required.
Prohibited Questions: Specific areas generally cannot be covered in employment-related polygraph examinations unless directly related to an investigation of illegal activity. These often include:
Religious beliefs or affiliations.1
Beliefs or opinions regarding racial matters.2
Political beliefs or affiliations.3
Beliefs, affiliations, or lawful activities regarding unions or labor organizations.4
Sexual preferences or activities.5
Any disability covered by the Americans with Disabilities6 Act.
Actions or activities more than five (5) years preceding the examination date (except for felony convictions and specific drug act violations).
Disclosure of Law Enforcement Status: If the examiner is a law enforcement official, they must disclose this prior to the examination and inform the examinee that any disclosed illegal activity may be used.
Examinee Fitness: An examiner shall not conduct an examination if they believe the examinee is physically or psychologically unfit.
Question Spacing: A minimum interval between questions (e.g., 10 seconds) is typically required.
Rendering Opinions: Rules regarding when a verbal or written opinion can be rendered based on chart analysis, often requiring the examinee to have been afforded a reasonable opportunity to explain any deceptive reactions.
Employment Examination Scope: Inquiries, investigations, and interviews for pre-employment or employment verification must be restricted to questions relevant to suitability for the position.
Civil Penalties (1160-01-.07): Outlines potential fines and penalties for violations of the rules.
Fees for Licenses (1160-01-.08): Specifies the fees associated with obtaining and renewing polygraph examiner licenses.
Chapter 1160-02 - Continuing Education:
This chapter details the requirements for continuing professional education for licensed polygraph examiners to maintain their licensure. It specifies the number of hours, approved courses, and reporting procedures.
Oversight and Administration:
The Tennessee Private Investigation and Polygraph Commission is responsible for promulgating, interpreting, and enforcing these rules.
The Tennessee Department of Commerce and Insurance houses this program.
Where to Find the Official Rules:
For the most current and authoritative version of Title 1160, you should always consult:
The Tennessee Secretary of State's website, which is the official repository for the state's rules and regulations.
Legal research databases like LII (Cornell Law School) or Justia also provide access to these compiled rules and regulations.
These rules are essential for ensuring that polygraph examinations in Tennessee are conducted ethically, professionally, and within legal boundaries, protecting both the public and the integrity of the profession.
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