Okla. Admin. Code § 560:1-1-3

Current through Vol. 41, No. 23, August 15, 2024

Section 560:1-1-3 - Statutory authority and powers

(a)Creation. The Oklahoma Legislature created the Oklahoma Board of Polygraph Examiners and established the Oklahoma Polygraph Examiners Act and statutes relating thereto in 59 O.S. 1981 §§ 1451 through 1476.

(b)Rules.

(1) The Board shall have the full power to establish and promulgate Rules and Regulations for the administration and enforcement of the Polygraph Examiners Act.

(2) The Board hereby adopts (as a Rule) all provisions of the Polygraph Examiners Act and establishes Rules and Regulations, for all polygraph examiners in the State of Oklahoma to protect the public and ensure polygraph examiners maintain professional standards.

(c)Witnesses.

(1)Subpoena. The Board, upon request of a party, or upon its own motion, may order the Secretary to issue a subpoena in the name of the Board, in any pending proceeding requiring attendance of a witness from any place in the state to the place of hearing. Praecipe for Subpoena shall be filed with the Secretary and the Order of the Board endorsed thereon.

(2)Subpoena Duces Tecum. A subpoena may require the witness to produce at the hearing books, records, polygraph charts, papers and other instruments and tangible objects, which shall be described with reasonable particularity in the subpoena. A subpoena duces tecum directed to a party not an individual, may direct that the records be produced by an officer or employee responsible therefore.

(3)Service of Subpoena. A subpoena may be served by a law enforcement officer, by an attorney, or by any other person competent to make an oath; and the person serving the same shall attach his affidavit of the person served, and time and manner of service. Service also may be made in any other manner provided by law. A party may be served by leaving a copy thereof at the principal place of business of the party, with the party or an employee who customarily serves as the secretary or receptionist of the party.

(4)Return. The original subpoena, with affidavit of service thereon, shall be filed with the Secretary of the Board. The attendance of a witness shall not be enforced unless the original subpoena is on file at the time of the hearing.

(5)Fees. The attendance of a witness will not be enforced unless the party causing subpoena to be issued, tenders the witness fee provided by law for a witness subpoenaed to testify in the District Court of Oklahoma; and in addition, mileage to and from the place of hearing and the place of residence of the witness at the current State mileage rate. Attendance of a witness shall not be enforced at the second or subsequent day of hearing, unless the party causing the subpoena be issued tenders additional mileage to and from the place of hearing, and the current State perdiem rate for each additional day of attendance. The payment of fees shall not be required when a subpoena is issued on behalf of the Board.

(6)Testimony. A witness present at a hearing pursuant to subpoena may be called to testify by the Board or by any party.

(7)Protective orders. The Board may make any orders with respect to subpoena and attendance of witnesses with or without application or notice, as may be appropriate for the protection of parties and witnesses, including an order excusing attendance, or limiting documents to be produced.

(d)Conditional license. In special cases, the Board shall have the authority to issue a Conditional License. It will be for a fixed period of time, not to exceed one (l) year, with specific terms to be met. Such license is designed to permit either retraining (under the auspices of the Board) or to allow for special provisions during the Internship. If the recipient of a conditional license fails to meet the stated terms, then said license shall be null and void. The recipient of a conditional license shall sign an agreement to immediately return his intern authorization or polygraph examiners license and pocket identification card to the Board upon request.

(e)Refusal, suspension or revocation of license. The Board may refuse to issue, suspend or revoke a license pursuant to the provisions of the Polygraph Examiners Act.

Okla. Admin. Code § 560:1-1-3

Amended at 15 Ok Reg 3658, eff 7-26-98