(By authority conferred on the department by section 7 of 1972 PA 295, MCL  
338.1707, and Executive Reorganization Orders Nos. 1980-1, 1991-9, 2007-18, 2008-4,  
and 2011-4, MCL 16.732, 338.3501, 445.2024, 445.2025, and 445.2030)  
R 338.9001 Rescinded.  
History: 1983 AACS; 2014 AACS.  
R 338.9002 Rescinded.  
History: 1983 AACS; 2014 AACS.  
R 338.9003 Rescinded.  
History: 1983 AACS; 2014 AACS.  
R 338.9004 Disclosure of information divulged during polygraph examination;  
written report required upon request; disclosure of professional opinion.  
Rule 4. (1) A person who monitors an examination shall not disclose to any person,  
except the person requesting the examination, any information divulged by the examinee  
during a polygraph examination without first obtaining specific written consent from the  
examinee, unless otherwise required to do so by law.  
(2) An examiner shall, upon the written request of the examinee or the person  
requesting the examination, prepare a written report of the examination, which shall  
contain all of the following:  
(a) A statement of the objectives of the polygraph examination.  
(b) The number of questions asked and the number of tests conducted during the  
examination which were relevant to the issues that the examinee agreed to be examined  
(c) The examiner's opinion as to the truthfulness or deception of the examinee, or the  
examiner's statement that he or she was not able to reach a conclusion about the  
examinee's truthfulness or deception.  
(3) Upon the examinee's written request, the examiner shall furnish the examinee a  
written report of the examination. The report shall include the information indicated in  
subrule (2) of this rule.  
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(4) An examiner, an employee of an examiner, or other persons shall not divulge any  
information revealed by an examinee during an examination in explaining or responding  
to control questions introduced for diagnostic comparison purposes without first  
obtaining the written consent of the examinee. However, this shall not be construed as  
prohibiting lawful disclosure or use of any information concerning additional admissions  
or explanations volunteered by the examinee during the examination where such  
admissions or explanations are not responsive to control questions.  
History: 1983 AACS; 2014 AACS.  
R 338.9005 Record of examination required; maintenance; content.  
Rule 5. An examiner shall, in the case of every polygraph examination  
administered by him or her, create and maintain a record for not less than 5 years. Such  
record shall contain, at a minimum, all of the following:  
(a) Information pertaining to the objective of the examination.  
(b) Information volunteered by the examinee during the pretest interview that is  
pertinent to the objectives of the examination.  
(c) The exact relevant questions asked of the examinee during the polygraph  
examination and the examinee's answers thereto.  
(d) All polygraph instrument recordings made during the polygraph examination  
and all other tests administered to the examinee. Such recordings and tests shall  
adequately identify all of the following:  
(i) The order in which the tests were administered.  
(ii) The point at which test questions were asked.  
(iii) The examinee's answer to each test question.  
(iv) The identification of each test question.  
(e) All written consents of the examinee as required elsewhere in these rules.  
(f) All pretest interview information volunteered by the examinee relating to the  
examinee's background, education, health, medical history, and his or her general  
suitability for the examination.  
History: 1983 AACS.  
R 338.9006 Rescinded.  
History: 1983 AACS; 2014 AACS.  
R 338.9007 Rescinded.  
History: 1983 AACS; 2014 AACS.  
R 338.9008 Rescinded.  
History: 1983 AACS; 2014 AACS.  
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R 338.9009 Rescinded.  
History: 1983 AACS; 2014 AACS.  
R 338.9010 Rescinded.  
History: 1983 AACS; 2014 AACS.  
R 338.9011 Rescinded.  
History: 1983 AACS; 2014 AACS.  
R 338.9012 Rescinded.  
History: 1983 AACS; 2014 AACS.  
R 338.9013 Examiner licensure.  
Rule 13. An application for licensure shall be made on a form furnished by the  
department of licensing and regulation.  
History: 1983 AACS; 2014 AACS.  
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