South Dakota Administrative Rules
Title 2 - ATTORNEY GENERAL
Article 2:01 - Law enforcement officers
Chapter 2:01:10 - Polygraph examiner licensing
Section 2:01:10:05 - Reasons for denial, suspension, or revocation of license

Universal Citation: SD Admin Rules 2:01:10:05

Current through Register Vol. 51, page 43, September 23, 2024

The commission may deny, suspend, or revoke a license for any one or more of the following grounds after a hearing held in accordance with chapter 2:01:04:

(1) Failure to inform a subject to be examined of the nature of the examination;

(2) Failure to inform a subject to be examined that participation is voluntary;

(3) Asking questions during a polygraph examination regarding the examinee's sexual practices; labor union, political, or religious affiliations; or marital relationship, except when such questions have a bearing on the areas or issues under examination;

(4) Material misstatement in the application for the original license or in the application for a renewal of the license;

(5) Willfully making a false report concerning a polygraph examination;

(6) Conviction of a felony or of a crime involving moral turpitude, including, but not limited to, dishonesty, fraud, or unauthorized divulging or selling of information or evidence;

(7) Making a willful misrepresentation or false promise or causing to be printed a false or misleading advertisement for the purpose of directly or indirectly obtaining business;

(8) Having demonstrated incompetence to act as a polygraph examiner;

(9) Allowing a license under this act to be used by an unlicensed person;

(10) Willfully aiding or abetting another in the violation of SDCL 36-30 or this chapter;

(11) Adjudication of mental illness;

(12) Failure to provide information requested by the executive secretary as a result of a formal complaint in writing to the executive secretary or as a result of substantive information otherwise received by him which would indicate a violation of SDCL 36-30 or this chapter;

(13) Failing to inform the subject of the results of the examination if so required; or

(14) Willful disregard or violation of any of the provisions of SDCL 36-30 or this chapter.

General Authority: SDCL 23-3-35(13).

Law Implemented: SDCL 36-30-3.

Disclaimer: These regulations may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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