Utah Code 58-64-302. Qualifications for licensure
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(1) Each applicant for licensure as a deception detection examiner:
Terms Used In Utah Code 58-64-302
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Deception detection examination: means the use of an instrument, or software application designed for detecting deception, on an individual for the purpose of detecting whether that individual is engaged in deception. See Utah Code 58-64-102
- Deception detection examination administrator: means an individual who engages in or represents that the individual is engaged in:(2)(a) conducting or administering a deception detection examination using a software application designed for detecting deception without intervention from the examination administrator; or(2)(b) the interpretation of deception detection examination results derived from a software application designed for detecting deception. See Utah Code 58-64-102
- Deception detection examiner: means an individual who engages in or represents that the individual is engaged in conducting or performing deception detection examinations or in the interpretation of deception detection examinations. See Utah Code 58-64-102
- Deception detection intern: means an individual who engages in deception detection examinations under the supervision and control of a deception detection examiner for the purpose of training and qualification as a deception detection examiner. See Utah Code 58-64-102
- Department: means the Department of Commerce. See Utah Code 58-1-102
- Director: means the director of the Division of Professional Licensing. See Utah Code 58-1-102
- Division: means the Division of Professional Licensing created in Section
58-1-103 . See Utah Code 58-1-102- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(1)(a) shall submit an application in a form prescribed by the division;(1)(b) shall pay a fee determined by the department under Section 63J-1-504;(1)(c) may not have been convicted of a felony or any other crime that when considered with the duties and responsibilities of a deception detection examiner is considered by the division to indicate that the best interests of the public will not be served by granting the applicant a license;(1)(d) may not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;(1)(e) may not be currently suffering from habitual drunkenness or from drug addiction or dependence;(1)(f) shall have completed one of the following:(1)(f)(i) have earned a bachelor’s degree from a four year university or college meeting standards established by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;(1)(f)(ii) have completed not less than 8,000 hours of investigation experience approved by the division; or(1)(f)(iii) have completed a combination of university or college education and investigation experience, as defined by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as being equivalent to the requirements under Subsection (1)(f)(i) or (1)(f)(ii);(1)(g) shall have successfully completed a training program in detection deception meeting criteria established by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;(1)(h) shall submit to and pass a background check in accordance with Section 58-64-302.1 and requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and(1)(i) shall have performed satisfactorily as a licensed deception detection intern for a period of not less than one year and shall have satisfactorily conducted not less than 100 deception detection examinations under the supervision of a licensed deception detection examiner.
(2) Each applicant for licensure as a deception detection intern:
(2)(a) shall submit an application in a form prescribed by the division;
(2)(b) shall pay a fee determined by the department under Section 63J-1-504;
(2)(c) may not have been convicted of a felony or any other crime that when considered with the duties and responsibilities of a deception detection intern is considered by the division to indicate that the best interests of the public will not be served by granting the applicant a license;
(2)(d) may not have been declared by any court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;
(2)(e) may not be currently suffering from habitual drunkenness or from drug addiction or dependence;
(2)(f) shall have completed one of the following:
(2)(f)(i) have earned a bachelor’s degree from a four year university or college meeting standards established by the division by rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(2)(f)(ii) have completed not less than 8,000 hours of investigation experience approved by the division; or
(2)(f)(iii) have completed a combination of university or college education and investigation experience, as defined by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, as being equivalent to the requirements under Subsection (2)(f)(i) or (2)(f)(ii);
(2)(g) shall have successfully completed a training program in detection deception meeting criteria established by rule made by the division in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(2)(h) shall submit to and pass a background check in accordance with Section 58-64-302.1 and requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(2)(i) shall provide the division with an intern supervision agreement in a form prescribed by the division under which:
(2)(i)(i) a licensed deception detection examiner agrees to supervise the intern; and
(2)(i)(ii) the applicant agrees to be supervised by that licensed deception detection examiner.
(3) Each applicant for licensure as a deception detection examination administrator:
(3)(a) shall submit an application in a form prescribed by the division;
(3)(b) shall pay a fee determined by the department under Section 63J-1-504;
(3)(c) may not have been convicted of a felony or any other crime that when considered with the duties and responsibilities of a deception detection examination administrator is considered by the division to indicate that the best interests of the public will not be served by granting the applicant a license;
(3)(d) may not have been declared by a court of competent jurisdiction incompetent by reason of mental defect or disease and not been restored;
(3)(e) may not be currently suffering from habitual drunkenness or from drug addiction or dependence;
(3)(f) shall have earned an associate degree from a state-accredited university or college or have an equivalent number of years’ work experience;
(3)(g) shall submit to and pass a background check in accordance with Section 58-64-302.1 and requirements established by division rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act; and
(3)(h) shall have successfully completed a training program and have obtained certification in deception detection examination administration provided by the manufacturer of a scientific or technology-based software application solution that is approved by the director.