# Title 43 — Occupations and Professions

## Chapter 43-31 — Detection of Deception Examiners

### § 43-31-01. Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Detection of deception examiner" or "examiner" means any person who uses any
device or instrument to test or question individuals for the purpose of detecting
deception.
2. "Internship" means the study of polygraph examinations and of the administration of
polygraph examinations by a trainee under the personal supervision and control of a
licensed examiner in accordance with a course of study prescribed by the attorney
general at the commencement of such internship.
3. "Person" includes any natural person, partnership, association, corporation, limited
liability company, or trust.
### § 43-31-02. Instruments to be used.

Every examiner shall use an instrument which records physiologic activity with four sensors:
a blood pressure cuff, electrodermal sensors, and two respirator sensors, but such an
instrument may record additional physiological changes pertinent to the detection of deception.
An examiner shall, when requested by the person being examined, provide the results of the
examination within a reasonable amount of time.
### § 43-31-03. Unlawful acts.

It is unlawful for any person to administer detection of deception examinations, or attempt to
hold out as an examiner, without a license issued by the attorney general of the state.
### § 43-31-04. Applications for licenses.

Applications for licenses must be made to the attorney general in writing on forms
prescribed by the attorney general and must be accompanied by the required fee, which is not
returnable. Any such application must require such information as in the judgment of the
attorney general will enable the attorney general to pass on the qualifications of the applicant for
a license.
### § 43-31-05. Renewal of licenses.

The license of an examiner which has not been revoked or is not suspended must be
renewed annually upon payment of the required fee by the examiner.
### § 43-31-06. Consent for service of process.

Each nonresident applicant for an original license or a renewal license shall file an
irrevocable consent that actions against the applicant may be filed in any appropriate court of
any county of this state in which the plaintiff resides or in which some part of the transaction
occurred out of which the alleged claim for relief arose and that process in any action may be
served on the applicant by leaving two copies thereof with the attorney general. Such consent
must stipulate and agree that such service of process is valid and binding for all purposes. The
attorney general shall send forthwith one copy of the process to the applicant at the address
shown on the records of the attorney general's office by registered mail.
### § 43-31-07. Qualifications of applicant.

An individual is qualified to receive a license as an examiner if the applicant:
1. Is at least twenty-one years of age.
2. Within the last five years has not pled guilty or nolo contendere to, been found guilty
of, or been released from incarceration or probation for, violation of a law of the United
States which is a felony offense or any state or local ordinance that is a felony offense.
3. Following conviction or release from incarceration or probation, is determined,
pursuant to section 12.1-33-02.1, to be rehabilitated.

4. Has not been released or discharged under other than honorable conditions from any
of the armed services of the United States.
5. Has satisfactorily completed a polygraph examiners course certified by either the
American polygraph association or the American association of police polygraphists, or
approved by the attorney general.
6. Has satisfactorily completed not less than six months of internship training under the
supervision of a licensed polygraph examiner.
### § 43-31-07.1. Internship license.

Repealed by S.L. 2021, ch. 322, § 5.
### § 43-31-08. Reinstatement of license.

An examiner whose license has expired may be reinstated at any time within one year after
the expiration thereof, by making a renewal application therefor and by paying the renewal
license fee.
### § 43-31-09. Contents of license - Posting.

A license must be prominently displayed at the principal place of business of every
examiner or may be in the possession of the examiner when conducting examinations in a
location other than the examiner's principal place of business. Each license must be signed by
the attorney general and must be issued under the seal of the attorney general's office.
### § 43-31-10. Revocation or suspension.

The attorney general may refuse to issue or renew or may suspend or revoke a license for
any one of the following grounds:
1. Material misstatement in the application for original license or in the application for any
renewal license under this chapter.
2. Willful disregard or violation of this chapter or of any regulation or rule issued pursuant
thereto.
3. Conviction of an offense determined by the attorney general to have a direct bearing
upon a person's ability to serve the public as an examiner, or when the attorney
general determines, following a person's conviction of any offense, that the person is
not sufficiently rehabilitated under section 12.1-33-02.1.
4. Making any willful misrepresentation or false promises or causing to be printed any
false or misleading advertisement for the purpose of directly or indirectly obtaining
business or trainees.
5. Allowing one's license under this chapter to be used by an unlicensed person in
violation of the provisions of this chapter.
6. Willfully aiding or abetting another in the violation of this chapter or of any rule issued
by the attorney general pursuant thereto.
7. The licenseholder has been adjudged mentally ill, mentally deficient, or in need of
mental treatment.
8. Failing, within a reasonable time, to provide information requested by the attorney
general as the result of a formal or informal complaint to the attorney general, which
would indicate a violation of this chapter.
### § 43-31-11. Notice and hearing on license revocation.

The attorney general may, upon the attorney general's own motion, and shall, upon the
verified complaint in writing of any person setting forth facts which, if proven, would constitute
grounds for refusal, suspension, or revocation, as herein set forth, investigate the actions of any
person holding or claiming to hold a license. The attorney general shall, before refusing to issue,
suspending, or revoking any license, at least ten days prior to the date set for the hearing notify
in writing the applicant or holder of such license of any charges made and shall afford such
accused person an opportunity to be heard in person or by counsel in reference thereto. Such
written notice may be served by delivery of the same personally to the accused person, or by

mailing the same by registered mail to the place of business last theretofore specified by the
accused person in the person's last notification to the attorney general. At the time and place
fixed in the notice, the attorney general shall proceed to hearing of the charges and both the
accused person and the complainant must be accorded ample opportunity to present in person
or by counsel such statements, testimony, evidence, and argument as may be pertinent to the
charges or to any defense thereto. The attorney general may continue such hearing from time to
time.
### § 43-31-12. Appeal from decision.

The district court of the county wherein the accused person resides has power to review
any order of revocation or suspension and all questions of law and fact thereon provided
application therefor is made by either party within thirty days from the date of service of such
order.
### § 43-31-13. Attorney general may issue regulations.

The attorney general may issue regulations, consistent with the provisions of this chapter,
for the administration and enforcement thereof and may prescribe forms which shall be issued
in connection therewith.
### § 43-31-14. License fees.

1. The annual license fee is thirty-five dollars, and is due and payable on or before
October first of each year. A reinstatement fee of fifty dollars is required in addition to
the annual license fee for each license renewal applied for after October first.
2. The fee to be paid for the issuance of a duplicate license is five dollars.
3. The fee to be paid for an internship license, and for the extension or renewal thereof,
is twenty-five dollars.
### § 43-31-15. Exemptions.

The provisions of this chapter do not apply to any examiner in the exclusive employment of
the United States of America or any department, bureau, or agency thereof.
### § 43-31-16. Exemption from testing requirements.

Repealed by S.L. 2021, ch. 322, § 5.
### § 43-31-17. Violation - Penalty.

Any person who violates any provision of this chapter or any person who falsely states or
represents that that person has been or is an examiner or trainee is guilty of a class B
misdemeanor.
