Oklahoma Administrative Code
Title 560 - Polygraph Examiners Board
Chapter 10 - Licensure and Regulation of Polygraph Examiners
Section 560:10-1-13.1 - Complaint Procedure
Current through Vol. 41, No. 13, March 15, 2024
(a) Purpose of order. The purpose of this order is to establish Board procedures for initiation, receipt, and investigation of complaints related to matters under the authority of the Board of Polygraph Examiners.
(b) Receipt of complaints. It shall be the policy of the Board to investigate all complaints or allegations of misconduct committed by person(s) under the Board's authority whether initiated by the Board or complainants.
(c) Requirement for complaint. The investigation of a complaint concerning a licensed polygraph examiner, whether the complaint is made by the Board or by other complainants, may be initiated only when the complaint is in writing, signed, notarized, and filed with the Board.
(d) Independently verified allegations - written complaint may not be required. In all matters of complaints or inquiries, the Board shall require the complaint or inquiry to be in writing, signed, and notarized. However, alleged violations of the Polygraph Examiners Act which can be independently verified by the Board may not require a written complaint.
(e) Selection of investigator. The Board shall select a licensed polygraph examiner to investigate complaints against polygraph examiners.
(f) Investigator's gathering of information. The licensed polygraph examiner authorized to receive and investigate complaints shall gather all information necessary to adequately apprise a Review Panel.
(g) Presentation of Review Panel's summary and recommendation. The Review Panel, comprised of the investigator, the Assistant Attorney General representing the Board, and the Board member appointed by the Chair or Vice Chair, is an advisory body whose function is to summarize the complaint and to make an informed recommendation regarding disposition of the complaint to the Board.
(h) Dismissal of complaint by majority vote. Upon considering the basis of the complaint, the circumstances of the alleged violation, the summary and recommendation of the Review Panel, or a combination of these, the Board may decide not to pursue further the allegations, and may dismiss the complaint by any approving vote of a majority of the members present in open meeting. Upon dismissal, all related documents shall be filed and maintained in an unfounded complaint file.
(i) Informal disposition of certain complaints. In some situations including, but not limited to, cases where the inquiry or complaint does not allege conduct punishable by suspension or revocation of a license, the matter may be handled informally. However, no matter can be considered closed until so voted by a majority of the Board in open meeting.
(j) Recusal of board member. A Board member, who acts as a Review Panel member, shall be recused from all Board decisions relating to the complaint.
(k) Investigator's expenses. At the conclusion of the inquiry, the investigator may complete a Council expense reimbursement form for payment of investigative expenses.
(l) Complaints received at the Board. Complaints received in person should be completed on the complaint form.
(m) Complaints received by mail or telephone. Complaints received by mail or telephone shall be completed on the complaint form by the Board secretary.
(n) Complaints received in the field. If the complaint is received by a Board representative, the representative will complete the complaint form.
(o) Assignment of complaints. A copy of all complaints received shall be forwarded to the Chair or Vice Chair after being recorded on a complaint log, establishing a file and number. Recorded information shall include:
(p) Investigative reporting procedures.
(q) Completed Investigations. The investigator shall include the case number on all materials related to the investigation, and upon completion, submit all materials to the Review Panel. No reference to the complaint or any copies will be maintained by the investigator.
Added at 23 Ok Reg 1966, eff 7-1-06