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Michigan Compiled Laws Complete Through PA 40 of 2018
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Senate: Adjourned until Tuesday, March 20, 2018 10:00:00 AM

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Act 295 of 1972
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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.

© 2017 Legislative Council, State of Michigan

The People of the State of Michigan enact:

Section 338.1701SectionShort title.
Section 338.1702SectionPersons not exempted from act.
Section 338.1703SectionDefinitions.
Section 338.1704SectionMinimum standards for instruments or devices.
Section 338.1705SectionState board of forensic polygraph examiners; creation; appointment, terms, and qualifications of members; vacancy.
Section 338.1706SectionState 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 338.1707SectionRules; filing of applications; collection and disposition of fees; order as prima facie proof; appropriation of funds.
Section 338.1708SectionActivities requiring license.
Section 338.1709SectionExaminer's license; issuance without examination; conditions and qualifications.
Section 338.1710SectionExaminer's license; qualifications.
Section 338.1711SectionIntern's license; qualifications.
Section 338.1712SectionTemporary examiner's license; qualifications.
Section 338.1713SectionIrrevocable consent by nonresident applicant to service of process.
Section 338.1714SectionReciprocity.
Section 338.1715SectionFees; receipt of completed application; time period for issuance of license; report; “completed application” defined.
Section 338.1716SectionDuration of licenses.
Section 338.1717SectionSpecific requirements as to licenses.
Section 338.1718SectionRenewal of examiner's license.
Section 338.1719SectionRefusal to issue or suspension or revocation of license; grounds.
Section 338.1720SectionInvestigating 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 338.1721SectionSurrender or seizure of license.
Section 338.1722SectionReinstatement of license.
Section 338.1723SectionTranscripts and records of proceedings before board; motion for rehearing.
Section 338.1724SectionReview.
Section 338.1725SectionWitnesses; documents.
Section 338.1726SectionRepealed. 1982, Act 46, Eff. Mar. 30, 1983.
Section 338.1726aSectionAdministration of test by examiner or intern in violation of polygraph protection act of 1981; misdemeanor; penalty; liability to employee or applicant.
Section 338.1727SectionInjunction.
Section 338.1728SectionUnlawful disclosures; exceptions.
Section 338.1729SectionViolations; penalties.
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