KRS 329.030: License required to administer detection of deception examination --

Application -- Fingerprint data -- Qualifications -- Investigations -- Internship

-- Examination -- Administrative regulations to ensure adequate standards.

(1) No person shall admin ister a detection of deception examination, as set forth in

KRS 329.010, or any imitation thereof, without first securing a trainee's license or

an examiner's license. Each application for a trainee's license shall be made to the

cabinet within ten (10) da ys of the commencement of the trainee's internship, and

said application shall contain such information as may be reasonably required by the

cabinet. Each application for a trainee license or a renewal or extension shall be

accompanied by a fee of twenty -five dollars ($25), which is nonrefundable. Each

application for an examiner's license shall be made to the cabinet in writing on

forms provided by the cabinet and shall contain such information as may be

required by the cabinet to determine the eligibility of the applicant. Each application

for an examiner's license shall be accompanied by a fee of fifty dollars ($50), which

is nonrefundable.

(2) Each applicant for an examiner's license shall submit his or her fingerprints to the

cabinet. The cabinet is authorized to exchange fingerprint data with the Department

of Kentucky State Police and the Federal Bureau of Investigation in order to

conduct a criminal history background check of the applicant. Each applicant shall

also submit a sworn affidavit that said applicant:

(a) Is a citizen of the United States;

(b) Is at least eighteen (18) years of age;

(c) Has administered detection of deception examinations for a period of at least

one (1) year using the instrumentation prescribed in KRS 329.020;

(d) Has compl eted a course of formal training in detection of deception in an

institution accepted by the cabinet;

(e) Has not been convicted of a misdemeanor involving moral turpitude or a

felony, or who has not been released or discharged under other than honorable

conditions from any of the Armed Services of the United States, or any branch

of the state, city or federal government; and

(f) Any other information required by the cabinet to determine the examiner's

competency to obtain a license to practice in this state.

(3) Upon receipt of an application for a trainee's license or for an examiner's license,

the secretary shall investigate each application, and no license will be issued until

said investigation is complete.

(4) The cabinet shall establish such reasonabl e rules and regulations for the trainee

during his internship as may be reasonably necessary for the purpose of insuring

that the trainee meets adequate professional standards established by the cabinet.

(5) The cabinet may require applicants for an examiner's license to pass an examination

which shall be confined to such knowledge, practical ability, and skill as is essential

for performing the duties of a detection of deception examiner. The cabinet shall

promulgate administrative regulations for conducting examinations and shall define

the standards to be acquired to constitute passing the examination.

(6) The cabinet shall promulgate administrative regulations for the purpose of insuring

that the examiner maintain adequate professional standards establis hed by the

cabinet.