MCL - Act 295 of 1972


Act 295 of 1972

AN ACT to license and regulate persons who purport to be able to detect deception, verify truthfulness, or provide a diagnostic opinion of either through the use of any device or instrumentation as lie detectors, forensic polygraphs, deceptographs, emotional stress meters or similar or related devices and instruments; to create a state board of forensic polygraph examiners with licensing and regulatory powers over all such persons and instruments; to provide for administrative proceedings and court review; to establish minimum standards and requirements for all such instrumentation or devices and to prohibit the use of instruments or devices which do not meet minimum standards and requirements; and to provide for injunctions and penalties.

History: 1972, Act 295, Eff. Mar. 30, 1973
Compiler's Notes: For transfer of powers and duties of certain occupational functions, boards, and commissions from the Department of Licensing and Regulation to the Department of Commerce, see E.R.O. No. 1991-9, compiled at MCL 338.3501 of the Michigan Compiled Laws.

The People of the State of Michigan enact:
Document Type Description
Section 338.1701 Section Short title.
Section 338.1702 Section Persons not exempted from act.
Section 338.1703 Section Definitions.
Section 338.1704 Section Minimum standards for instruments or devices.
Section 338.1705 Section State board of forensic polygraph examiners; creation; appointment, terms, and qualifications of members; vacancy.
Section 338.1706 Section State board of forensic polygraph examiners; election of officers; conducting business at public meeting; notice of meeting; additional meetings; examinations for examiner's licenses; quorum; majority vote required; expenses; annual report; availability of report and other writings to public.
Section 338.1707 Section Rules; filing of applications; collection and disposition of fees; order as prima facie proof; appropriation of funds.
Section 338.1708 Section Activities requiring license.
Section 338.1709 Section Examiner's license; issuance without examination; conditions and qualifications.
Section 338.1710 Section Examiner's license; qualifications.
Section 338.1711 Section Intern's license; qualifications.
Section 338.1712 Section Temporary examiner's license; qualifications.
Section 338.1713 Section Irrevocable consent by nonresident applicant to service of process.
Section 338.1714 Section Reciprocity.
Section 338.1715 Section Fees; receipt of completed application; time period for issuance of license; report; “completed application” defined.
Section 338.1716 Section Duration of licenses.
Section 338.1717 Section Specific requirements as to licenses.
Section 338.1718 Section Renewal of examiner's license.
Section 338.1719 Section Refusal to issue or suspension or revocation of license; grounds.
Section 338.1720 Section Investigating actions of applicant or licensee; motion or complaint; notice or charges; service of notice; hearing; evidence; continuance; location of hearing; closed hearing; request for public hearing.
Section 338.1721 Section Surrender or seizure of license.
Section 338.1722 Section Reinstatement of license.
Section 338.1723 Section Transcripts and records of proceedings before board; motion for rehearing.
Section 338.1724 Section Review.
Section 338.1725 Section Witnesses; documents.
Section 338.1726 Section Repealed. 1982, Act 46, Eff. Mar. 30, 1983.
Section 338.1726a Section Administration of test by examiner or intern in violation of polygraph protection act of 1981; misdemeanor; penalty; liability to employee or applicant.
Section 338.1727 Section Injunction.
Section 338.1728 Section Unlawful disclosures; exceptions.
Section 338.1729 Section Violations; penalties.