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2021 North Dakota Century Code
Title 43 - Occupations and Professions
Chapter 43-31 - Detection of Deception Examiners

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CHAPTER 43-31 DETECTION OF DECEPTION EXAMINERS 43-31-01. Definitions. As used in this chapter, unless the context otherwise requires: 1. "Detection of deception examiner" or "examiner" means any person who uses any device or instrument to test or question individuals for the purpose of detecting deception. 2. "Internship" means the study of polygraph examinations and of the administration of polygraph examinations by a trainee under the personal supervision and control of a licensed examiner in accordance with a course of study prescribed by the attorney general at the commencement of such internship. 3. "Person" includes any natural person, partnership, association, corporation, limited liability company, or trust. 43-31-02. Instruments to be used. Every examiner shall use an instrument which records physiologic activity with four sensors: a blood pressure cuff, electrodermal sensors, and two respirator sensors, but such an instrument may record additional physiological changes pertinent to the detection of deception. An examiner shall, when requested by the person being examined, provide the results of the examination within a reasonable amount of time. 43-31-03. Unlawful acts. It is unlawful for any person to administer detection of deception examinations, or attempt to hold out as an examiner, without a license issued by the attorney general of the state. 43-31-04. Applications for licenses. Applications for licenses must be made to the attorney general in writing on forms prescribed by the attorney general and must be accompanied by the required fee, which is not returnable. Any such application must require such information as in the judgment of the attorney general will enable the attorney general to pass on the qualifications of the applicant for a license. 43-31-05. Renewal of licenses. The license of an examiner which has not been revoked or is not suspended must be renewed annually upon payment of the required fee by the examiner. 43-31-06. Consent for service of process. Each nonresident applicant for an original 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 of this state in which the plaintiff resides or in which some part of the transaction occurred out of which the alleged claim for relief arose and that process in any action may be served on the applicant by leaving two copies thereof with the attorney general. Such consent must stipulate and agree that such service of process is valid and binding for all purposes. The attorney general shall send forthwith one copy of the process to the applicant at the address shown on the records of the attorney general's office by registered mail. 43-31-07. Qualifications of applicant. An individual is qualified to receive a license as an examiner if the applicant: 1. Is at least twenty-one years of age. 2. Within the last five years has not pled guilty or nolo contendere to, been found guilty of, or been released from incarceration or probation for, violation of a law of the United States which is a felony offense or any state or local ordinance that is a felony offense. 3. Following conviction or release from incarceration or probation, is determined, pursuant to section 12.1-33-02.1, to be rehabilitated. Page No. 1 4. 5. 6. Has not been released or discharged under other than honorable conditions from any of the armed services of the United States. Has satisfactorily completed a polygraph examiners course certified by either the American polygraph association or the American association of police polygraphists, or approved by the attorney general. Has satisfactorily completed not less than six months of internship training under the supervision of a licensed polygraph examiner. 43-31-07.1. Internship license. Repealed by S.L. 2021, ch. 322, § 5. 43-31-08. Reinstatement of license. An examiner whose license has expired may be reinstated at any time within one year after the expiration thereof, by making a renewal application therefor and by paying the renewal license fee. 43-31-09. Contents of license - Posting. A license must be prominently displayed at the principal place of business of every examiner or may be in the possession of the examiner when conducting examinations in a location other than the examiner's principal place of business. Each license must be signed by the attorney general and must be issued under the seal of the attorney general's office. 43-31-10. Revocation or suspension. The attorney general may refuse to issue or renew or may suspend or revoke a license for any one of the following grounds: 1. Material misstatement in the application for original license or in the application for any renewal license under this chapter. 2. Willful disregard or violation of this chapter or of any regulation or rule issued pursuant thereto. 3. Conviction of an offense determined by the attorney general to have a direct bearing upon a person's ability to serve the public as an examiner, or when the attorney general determines, following a person's conviction of any offense, that the person is not sufficiently rehabilitated under section 12.1-33-02.1. 4. Making any willful 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. 5. Allowing one's license under this chapter to be used by an unlicensed person in violation of the provisions of this chapter. 6. Willfully aiding or abetting another in the violation of this chapter or of any rule issued by the attorney general pursuant thereto. 7. The licenseholder has been adjudged mentally ill, mentally deficient, or in need of mental treatment. 8. Failing, within a reasonable time, to provide information requested by the attorney general as the result of a formal or informal complaint to the attorney general, which would indicate a violation of this chapter. 43-31-11. Notice and hearing on license revocation. The attorney general may, upon the attorney general's own motion, and shall, upon the verified complaint in writing of any person setting forth facts which, if proven, would constitute grounds for refusal, suspension, or revocation, as herein set forth, investigate the actions of any person holding or claiming to hold a license. The attorney general shall, before refusing to issue, suspending, or revoking any license, at least ten days prior to the date set for the hearing notify in writing the applicant or holder of such license of any charges made and shall afford such accused person 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 accused person, or by Page No. 2 mailing the same by registered mail to the place of business last theretofore specified by the accused person in the person's last notification to the attorney general. At the time and place fixed in the notice, the attorney general shall proceed to hearing of the charges and both the accused person and the complainant must 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 any defense thereto. The attorney general may continue such hearing from time to time. 43-31-12. Appeal from decision. The district court of the county wherein the accused person resides has power to review any order of revocation or suspension and all questions of law and fact thereon provided application therefor is made by either party within thirty days from the date of service of such order. 43-31-13. Attorney general may issue regulations. The attorney general may issue regulations, consistent with the provisions of this chapter, for the administration and enforcement thereof and may prescribe forms which shall be issued in connection therewith. 43-31-14. License fees. 1. The annual license fee is thirty-five dollars, and is due and payable on or before October first of each year. A reinstatement fee of fifty dollars is required in addition to the annual license fee for each license renewal applied for after October first. 2. The fee to be paid for the issuance of a duplicate license is five dollars. 3. The fee to be paid for an internship license, and for the extension or renewal thereof, is twenty-five dollars. 43-31-15. Exemptions. The provisions of this chapter do not apply to any examiner in the exclusive employment of the United States of America or any department, bureau, or agency thereof. 43-31-16. Exemption from testing requirements. Repealed by S.L. 2021, ch. 322, § 5. 43-31-17. Violation - Penalty. Any person who violates any provision of this chapter or any person who falsely states or represents that that person has been or is an examiner or trainee is guilty of a class B misdemeanor. Page No. 3
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