# Title 10 — Attorney General

## Article 10-11 — Detection of Deception Examiners

## Chapter 10-11-03 — Detection of Deception Examinations

### § 10-11-03-01. Detection of deception examination procedures.

1. No person may be present during the detection of deception examination without the express
consent of the examiner.
2. An examiner shall terminate a detection of deception examination in progress immediately
upon request of the examinee.
3. No detection of deception examination may be conducted prior to a complete understanding
between the examiner, the requesting agency, and examinee as to the specific reason for the
test, including all records, documents, and investigative reports necessary to conduct the
examination.
4. An examiner when administering a detection of deception examination, may not attempt to
determine truth or deception on manners or issues not previously discussed with the
examinee at the preexamination interview or not reasonably related to the matters or issues
previously discussed with the examinee.
5. The detection of deception examination of a subject and that subject's fitness for the
examination is at the discretion of the examiner.
History: Effective July 1, 1984; amended effective October 1, 2022.
General Authority: NDCC 43-31-13
Law Implemented: NDCC 43-31-13
### § 10-11-03-02. Detection of deception examination records.

An examiner shall create and maintain a record of every detection of deception examination
administered. Records must be maintained for five years and must contain the following:
1. All polygraph charts (polygrams) on each examinee.
2. All written reports or memoranda of verbal reports.
3. A list of all questions asked while the polygraph is recording.
4. Background information elicited during the pretest interviews.
5. A form signed by the examinee indicating that the examinee has voluntarily agreed to take the
polygraph test and that the examinee has the right to leave the examining room at any time
during the examination.
6. All tape recordings of the detection of deception examination if made.
7. An index either chronological or alphabetical listing the names of all persons examined, the
type of detection of deception examination, the date of the examination, the name of the
examiner, and the file or record number in which the records are maintained.
History: Effective July 1, 1984.
General Authority: NDCC 43-31-13
Law Implemented: NDCC 43-31-13
