(a) If prior to the commencement of the examination the examinee requests in writing that the examination be taped, an audio tape recording of the entire examination including pretest interviews shall be made. In the event that a test result shows that the examinee has been deceptive and the examinee has requested in writing that the examination be taped, the polygraph examiner shall keep the tape recording on file with other test results for a one-year period. The polygraph examiner shall inform the examinee that the tape recording and test results will be available to the examinee for inspection or copying during the one-year period.
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
Person: means any natural person, firm, association, copartnership or corporation. 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
Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
(b) Failure to tape record a preemployment examination pursuant to subsection (a) constitutes separate acts of examiner misconduct, which may result in revocation or suspension of the examiner’s license by the commissioner.(c) The commissioner may, in the commissioner’s own discretion, and shall, upon the verified complaint in writing of any person setting forth a cause of action under this section, investigate and ascertain the facts and, if warranted, hold a hearing for reprimand or for the suspension or revocation of a license.(d) Complaints of alleged violations shall be filed in writing with the commissioner in a manner to be prescribed by the commissioner, and the commissioner shall prescribe the manner in which complaints shall be investigated.(e) All hearings shall be conducted pursuant to the requirements of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.(f) If a polygraph examiner is found guilty of any violation of this section, the commissioner shall impose penalties and fines for the violations, including, but not limited to:
(1) For a first violation, six (6) months’ suspension of the examiner’s license and a five hundred dollar ($500) fine upon reapplication for a license. Section 62-27-115(b)(2) is applicable to reapplication;(2) For a second violation, one-year suspension of the examiner’s license and a one thousand dollar ($1,000) fine upon reapplication for a license. Section 62-27-115(b)(2) is applicable to reapplication; and(3) For a third violation, permanent suspension of the examiner’s license and a fine of two thousand five hundred dollars ($2,500).
