§2850. Board hearing

A. When there is cause to refuse an application or to suspend or revoke the certificate of any polygraphist, the board shall, not less than thirty days before refusal, suspension, or revocation action is taken, notify such person in writing, in person, or by registered mail at the last address supplied to the board by such person, of such impending refusal, suspension, or revocation, the reasons therefor, and of his right to an administrative hearing for the purpose of determining whether or not the evidence is sufficient to warrant the refusal, suspension, or revocation action proposed to be taken by the board. If, within twenty days after the personal service of such notice or such notice has been deposited in the United States mail, such person has not made a written request to the board for such administrative hearing, the board is authorized to suspend or revoke the polygraphist's certificate of such person without a hearing. Upon receipt by the board of written request of such person within the twenty-day period as set out above, an opportunity for an administrative hearing shall be afforded as early as is practicable. In no case shall the hearing be held less than ten days after written notification of such hearing shall have been given the person by personal service or by registered mail, sent to the last address supplied to the board by the applicant or certificate holder. Written notification shall include a copy of all charges brought against such applicant or certificate holder. The administrative hearing in such cases shall be before the board.

B. The board shall conduct the administrative hearings and is authorized to administer oaths and issue subpoenas for the attendance of witnesses and the production of relevant books, papers, documents, etc. However, this shall not apply if an on-going investigation is being conducted by a governmental agency, until such investigation has been completed so that the subpoena of the documents will not jeopardize the case. On the basis of the evidence submitted at the hearing, the board shall take whatever action it deems necessary in refusing the application or suspending or revoking the license.

Added by Acts 1980, No. 761, §1.