329.030 License required to administer detection of deception examination -- Application -- Fingerprint data -- Qualifications -- Investigations -- Internship -- Examination -- Administrative regulations to ensure adequate standards. (1) No person shall administer a detection of deception examination, as set forth in KRS 329.010, or any imitation thereof, without first securing a trainee's license or an examiner's license. Each application for a trainee's license shall be made to the cabinet within ten (10) days of the commencement of the trainee's internship, and said application shall contain such information as may be reasonably required by the cabinet. Each application for a trainee license or a renewal or extension shall be accompanied by a fee of twenty-five dollars ($25), which is nonrefundable. Each application for an examiner's license shall be made to the cabinet in writing on forms provided by the cabinet and shall contain such information as may be required by the cabinet to determine the eligibility of the applicant. Each application for an examiner's license shall be accompanied by a fee of fifty dollars ($50), which is nonrefundable. (2) Each applicant for an examiner's license shall submit his or her fingerprints to the cabinet. The cabinet is authorized to exchange fingerprint data with the Department of Kentucky State Police and the Federal Bureau of Investigation in order to conduct a criminal history background check of the applicant. Each applicant shall also submit a sworn affidavit that said applicant: (a) (b) Is a citizen of the United States; Is at least eighteen (18) years of age; (c) Has administered detection of deception examinations for a period of at least one (1) year using the instrumentation prescribed in KRS 329.020; (d) Has completed a course of formal training in detection of deception in an institution accepted by the cabinet; (e) Has not been convicted of a misdemeanor involving moral turpitude or a felony, or who has not been released or discharged under other than honorable conditions from any of the Armed Services of the United States, or any branch of the state, city or federal government; and (f) Any other information required by the cabinet to determine the examiner's competency to obtain a license to practice in this state. (3) Upon receipt of an application for a trainee's license or for an examiner's license, the secretary shall investigate each application, and no license will be issued until said investigation is complete. (4) The cabinet shall establish such reasonable rules and regulations for the trainee during his internship as may be reasonably necessary for the purpose of insuring that the trainee meets adequate professional standards established by the cabinet. (5) The cabinet may require applicants for an examiner's license to pass an examination which shall be confined to such knowledge, practical ability, and skill as is essential for performing the duties of a detection of deception examiner. The cabinet shall promulgate administrative regulations for conducting examinations and shall define the standards to be acquired to constitute passing the examination. (6) The cabinet shall promulgate administrative regulations for the purpose of insuring that the examiner maintain adequate professional standards established by the cabinet. Effective: June 26, 2007 History: Amended 2007 Ky. Acts ch. 85, sec. 299, effective June 26, 2007. -- Amended 2004 Ky. Acts ch. 162, sec. 1, effective July 13, 2004. -- Amended 1978 Ky. Acts ch. 44, sec. 3, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 74, Art. V, sec. 24(13). -- Amended 1970 Ky. Acts ch. 120, sec. 17. -- Created 1962 Ky. Acts ch. 78, sec. 3.