§ 17-39-202 — Qualifications

A polygraph examiner license or an intern polygraph examiner license may be issued to an applicant who: (1) Is at least twenty-one (21) years of age at the time of application; (2) (A) Has successfully completed a criminal background check and has not been found guilty of or pleaded guilty or nolo contendere to one (1) or more of the following in any court in the State of Arkansas or a comparable offense in another state or in a military or federal court, for which a pardon has not been granted: (i) Felony; (ii) Class A misdemeanor; (iii) Crime involving violence; or (iv) Crime involving moral turpitude. (B) For purposes of this subdivision (2), the criminal background check shall include a record of all offenses that have been previously sealed or expunged by any court; (3) Holds a baccalaureate degree from a college or university that is accredited by an accrediting agency approved by the United States Secretary of Education or has at least five (5) consecutive years of active law enforcement experience; (4) Is a graduate of a polygraph examiners course approved by the Director of the Division of Arkansas State Police and has satisfactorily completed an internship of not less than six (6) months; (5) Submits two (2) recent passport-style photographs of the applicant; (6) Is not required to register as a sex offender under the Sex Offender Registration Act of 1997, § 12-12-901 et seq.; and (7) (A) (i) Has furnished evidence of a surety bond or insurance policy to the Director of the Division of Arkansas State Police or proof that the applicant is covered by a business insurance policy. (ii) The surety bond or insurance policy shall be in the sum of five thousand dollars ($5,000). (iii) The surety bond shall be conditioned that the obligor therein pay to the extent of the face amount of the surety bond or insurance policy all judgments recovered against the licensee by reason of any wrongful or illegal acts committed by him or her in the course of conducting a polygraph examination. (B) An applicant who is conducting a polygraph examination solely in the course of his or her employment with a law enforcement agency may submit a letter from the county sheriff, municipal chief of police, or director of a state agency that states that any liability incurred will be covered under that entity's membership in the Fidelity Bond Trust Fund, a risk management pool, or liability coverage, if any, in order to meet the requirement under this subdivision (7).

Legislative History

Amended by Act 2019, No. 910,§ 5935, eff. 7/1/2019. Amended by Act 2015, No. 393,§ 12, eff. 9/1/2015. Amended by Act 2013, No. 1216,§ 11, eff. 8/16/2013. Acts 1967, No. 413, § 7; A.S.A. 1947, § 71-2207; Acts 1993, No. 1219, § 7.