Department of Professional and Occupational Regulation

 

GDForum ID: 2858

Step 1

Description of Proposed Guidance Document Changes

The Polygraph Examiners Advisory Board (the Board) and Department of Professional and Occupational Regulation (DPOR) have reviewed and amended the following guidance document. 1. Guidance Document 5720: Polygraph Examiner Criminal History Review Matrix. The document contains guidance that directs staff to approve certain applications disclosing certain types of criminal convictions without sending the application for Board and DPOR Director review. The Board’s existing guidance allows staff to approve applications that disclose the following criminal convictions: • Felony convictions with no subsequent reportable convictions, unless the conviction resulted in incarceration and the release date is less than one (1) year from the date of application. Certain felony offenses are excluded, including those for murder, manslaughter, sex crimes, rape, robbery, fraud, and c embezzlement. • Felony convictions for possession of controlled substance more than five (5) years old with no other convictions. For convictions less than five (5) years old, the applicant must have completed a deterrence program. • Misdemeanor convictions more than five (5) years from the date of application. • Misdemeanor convictions for possession or distribution of marijuana or controlled substances with no other convictions. • Misdemeanor convictions for simple assault (with exception for domestic assault and assaulting a law enforcement officer), disorderly conduct, or trespassing. • DUI convictions where the applicant has completed VASAP or similar program accepted by the court or DMV after the latest conviction. Felony convictions are excluded. The guidance document will be revised to provide for a delegation of authority to DPOR staff to conduct predetermination fact-findings and license eligibility fact-findings (IFFs) in accordance with applicable portions of the Administrative Process Act (Code of Virginia § 2.2-4000 et. seq.). These delegation of authority provisions are being added to all DPOR regulatory board guidance documents that provide guidance regarding applicants who disclose criminal convictions on an application. The substance of the guidance regarding staff approval of applications is revised as follows: • Firearms offenses are added as a type of felony offense for which staff are not permitted to approve an application. • Staff may approve applications for misdemeanor convictions more than five (5) years old that do not include lying, cheating, stealing, sexual offenses, or firearms offenses. • Staff may approve applications for DUI convictions where the applicant has completed VASAP or similar program accepted by the court or DMV after the latest conviction. However, this would not include subsequent misdemeanor DUI offenses or felony offenses. Applications that disclose excluded offenses would require Board and DPOR Director review before they could be approved. There are also stylistic changes made throughout the document. This is a result of Executive Order 51. The changes were made from streamlining AI recommendations to help reduce word count, making it easier for consumers to understand and read.

 

Step 2

Guidance Document(s) for this Comment Forum

Document ID	Document Title	Current Document	Proposed Document	Revised Proposed
5720	Polygraph Examiner Criminal History Review Matrix	Document	Proposed Document

 

Step 3

Contact Information

 

  Contact Information