Administrative Rule 02:01:10 | South Dakota Legislature

(3) "Polygraph," an instrument that records permanently and simultaneously a subject's cardiovascular and respiratory patterns or other physiological changes pertinent to the detection of deception; and

(4) "Polygraph examiner," a person who uses a polygraph to test or question individuals for the purpose of detecting deception.

Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 50 SDR 63, effective November 28, 2023.

General Authority: SDCL 23-3-35(1).

Law Implemented: SDCL 23-3-35(13), 36-30-1.

Rule 02:01:10:02 Additional licensing requirements.

2:01:10:02. Additional licensing requirements. In addition to the licensing requirements in SDCL 36-30-3, a person must be at least 21 years of age to receive a license as a polygraph examiner. The study requirements in SDCL 36-30-3(2) may be satisfied by completion of at least 240 hours of study in the use of a polygraph in the detection of deception at a school certified by the American Polygraph Association or the American Association of Police Polygraphists. An applicant may not previously have had an examiner's license or its equivalent refused, revoked, suspended, or otherwise invalidated for any of the grounds listed in § 2:01:10:05.

Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 45 SDR 84, effective December 18, 2018.

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

Law Implemented: SDCL 36-30-2, 36-30-3.

Rule 02:01:10:03 License renewal or transfer.

2:01:10:03. License renewal or transfer. An examiner's license expires on December 31 of the third year after its issuance. The license may be renewed every three years upon payment of the required fee of $75. A license issued pursuant to this chapter is not assignable or transferable.

Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 31 SDR 94, effective January 4, 2005.

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

Law Implemented: SDCL 36-30-3.

Rule 02:01:10:04 Reciprocity.

2:01:10:04. Reciprocity. An applicant who is a licensed polygraph examiner in another state or territory of the United States may be issued a license if he meets the following requirements:

(1) The requirements for a polygraph examiner in the other state or territory are substantially equivalent to the requirements of SDCL 36-30 and this chapter;

(2) The applicant has engaged in the administration of truth and deception examinations under the laws of the other state or territory for at least six months prior to the application for license;

(3) The other state or territory grants similar reciprocity to the license holders of this state;

(4) The applicant has paid the required $75 fee.

Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985; 34 SDR 77, effective September 25, 2007.

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

Law Implemented: SDCL 36-30-3.

Rule 02:01:10:05 Reasons for denial, suspension, or revocation of license.

2:01:10:05. Reasons for denial, suspension, or revocation of license. 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.

Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.

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

Law Implemented:SDCL 36-30-3.

Rule 02:01:10:06 Period of license suspension or revocation.

2:01:10:06. Period of license suspension or revocation. If a license is suspended, it shall be suspended for a definite period of time, but not more than two years. If a license is revoked, it shall be revoked for not less than two years. A person who has had his license revoked for cause may apply to the commission for reinstatement two years after the license was revoked.

Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.

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

Law Implemented:SDCL 36-30-3.

Rule 02:01:10:07 Surrender of license.

2:01:10:07. Surrender of license. The licensee shall surrender a revoked or suspended license to the executive secretary within 30 days after notice of revocation or suspension. If the licensee fails to do so, the executive secretary may seize the license.

Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.

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

Law Implemented:SDCL 36-30-3.

Rule 02:01:10:08 Nonresident court compliance.

2:01:10:08. Nonresident court compliance. An applicant for a license under SDCL 36-30 who is a nonresident of this state shall file a consent with the executive secretary stating that suits and actions may be commenced against the applicant in the proper court of any county of this state by service of process on the executive secretary. The nonresident applicant shall stipulate in the consent that service of process on the executive secretary shall be taken in all courts as valid and binding as if service has been made upon the applicant himself in the state. A duplicate of the process served on the executive secretary shall be immediately forwarded by registered mail to the main office of the applicant against whom the process is directed.

Source: 11 SDR 135, effective April 14, 1985; 12 SDR 1, effective July 17, 1985.

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

Law Implemented:SDCL 36-30-3.

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