A. The Polygraph Examiners Board may refuse to issue or may suspend or revoke a license on any one or more of the following grounds:

1. For failing to inform a subject to be examined as to the nature of the examination;

2. For failing to inform a subject to be examined that his participation in the examination is voluntary, unless the subject is an employee of a governmental body which has a policy or rules and regulations requiring mandatory polygraph examinations as a part of internal investigations;

3. Material misstatement in the application for original license or in the application for any renewal license under this act;

4. Willful disregard or violation of this act or any regulation or rule issued pursuant thereto, including, but not limited to, willfully making a false report concerning an examination for polygraph examination purposes;

5. If the holder of any license has been adjudged guilty of the commission of a felony crime that substantially relates to the occupation of a polygraph examiner and poses a reasonable threat to public safety;

6. 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;

7. Having demonstrated unworthiness or incompetency to act as a polygraph examiner as defined by this act;

8. Allowing one's license under this act to be used by any unlicensed person in violation of the provisions of this act;

9. Willfully aiding or abetting another in the violation of this act or any regulation or rule issued pursuant thereto;

10. If the license holder has been adjudged an habitual drunkard or mentally incompetent as provided in the Probate Code;

11. Failing, within a reasonable time, to provide information requested by the secretary as the result of a formal complaint to the Board which would indicate a violation of this act; or

12. Failing to inform the subject of the results of the examination if so requested.

B. As used in this section:

1. "Substantially relates" means the nature of criminal conduct for which the person was convicted has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to the occupation; and

2. "Poses a reasonable threat" means the nature of criminal conduct for which the person was convicted involved an act or threat of harm against another and has a bearing on the fitness or ability to serve the public or work with others in the occupation.

Added by Laws 1971, c. 140, § 18, emerg. eff. May 17, 1971. Amended by Laws 1985, c. 189, § 12, operative July 1, 1985; Laws 2019, c. 363, § 52, eff. Nov. 1, 2019.