In order to protect the rights of the examinee in the administration of the polygraph examination, the following minimum procedures must be followed:

(1) Each prospective examinee shall be required to sign a notification and receive a copy of the notification on a form prescribed by the commissioner prior to the beginning of a polygraph examination. The notification shall contain the following information:

Terms Used In Tennessee Code 62-27-125

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Commissioner: means the commissioner of commerce and insurance. See Tennessee Code 62-27-102
  • Polygraph examiner: means any person who purports to be able to detect deception or verify truth of statements through instrumentation or by means of a mechanical device. See Tennessee Code 62-27-102
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(A) That the examinee is consenting voluntarily to the examination;
(B) That the examinee has the right to refuse to take a polygraph examination;
(C) That the examinee has the right to refuse to answer any question;
(D) That the examinee may terminate the examination at any time;
(E) That the examinee has the right to make a written request to the examiner within thirty (30) days of the examination to be furnished the results of the examination upon the payment of a reasonable fee to be established by the board to cover the cost of the results and that, upon receipt of the written request and payment of the fee, the examiner shall, within thirty (30) days of receipt of the written request, provide the examinee with a written copy of any opinions or conclusions rendered as a result of the examination;
(F) That the examinee or the examinee’s attorney has the right to make an audio or video recording of the examination and pretest interview;
(G) The name of the polygraph examiner, the examiner’s polygraph examiner license number issued by the board and the examiner’s business address; and
(H) The name and address of the commissioner.
(2) If the polygraph examiner is a law enforcement official or other officer of the court, that fact shall be disclosed to the examinee prior to the commencement of the examination. The examiner shall further inform the examinee that should the examinee choose to proceed with the examination under such circumstances, any illegal activity disclosed during the examination may be used against the examinee in a court of law.
(3) The board shall by rule and regulation establish appropriate forms and language to be contained on the forms to accomplish the purposes of this section.
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