Oklahoma § 59-1468 - Suspension or revocation of license – Definitions

§ 59-1468. Suspension or revocation of license – Definitions

A. The Polygraph Examiners Board may refuse to issue or may

suspend or revoke a license on any one or more of the following

grounds:

1. For failing to inform a subject to be examined as to the

nature of the examination;

2. For failing to inform a subject to be examined that his

participation in the examination is voluntary, unless the subject is

an employee of a governmental body which has a policy or rules and

regulations requiring mandatory polygraph examinations as a part of

internal investigations;

3. Material misstatement in the application for original

license or in the application for any renewal license under this

act;

4. Willful disregard or violation of this act or any regulation

or rule issued pursuant thereto, including, but not limited to,

willfully making a false report concerning an examination for

polygraph examination purposes;

5. If the holder of any license has been adjudged guilty of the

commission of a felony crime that substantially relates to the

occupation of a polygraph examiner and poses a reasonable threat to

public safety;

6. 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;

Oklahoma Statutes - Title 59. Professions and Occupations

7. Having demonstrated unworthiness or incompetency to act as a

polygraph examiner as defined by this act;

8. Allowing one's license under this act to be used by any

unlicensed person in violation of the provisions of this act;

9. Willfully aiding or abetting another in the violation of

this act or any regulation or rule issued pursuant thereto;

10. If the license holder has been adjudged an habitual

drunkard or mentally incompetent as provided in the Probate Code;

11. Failing, within a reasonable time, to provide information

requested by the secretary as the result of a formal complaint to

the Board which would indicate a violation of this act; or

12. Failing to inform the subject of the results of the

examination if so requested.

B. As used in this section:

1. "Substantially relates" means the nature of criminal conduct

for which the person was convicted has a direct bearing on the

fitness or ability to perform one or more of the duties or

responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal

conduct for which the person was convicted involved an act or threat

of harm against another and has a bearing on the fitness or ability

to serve the public or work with others in the occupation.

Added by Laws 1971, c. 140, § 18, emerg. eff. May 17, 1971. Amended

by Laws 1985, c. 189, § 12, operative July 1, 1985; Laws 2019, c.

363, § 52, eff. Nov. 1, 2019.