[Code of Federal Regulations]
[Title 29, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR801.24]

[Page 781-782]
 
                             TITLE 29--LABOR
 
         CHAPTER V--WAGE AND HOUR DIVISION, DEPARTMENT OF LABOR
 
PART 801_APPLICATION OF THE EMPLOYEE POLYGRAPH PROTECTION ACT OF 1988
--Table of Contents
 
       Subpart C_Restrictions on Polygraph Usage Under Exemptions
 
Sec. 801.24  Rights of examinee--actual testing phase.

    (a) The actual testing phase refers to that time during which the 
examiner administers the examination by using a polygraph instrument 
with respect to the examinee and then analyzes the charts derived from 
the test. Throughout the actual testing phase, the examiner shall not 
ask any question that was not presented in writing for review prior to 
the testing phase. An examiner may, however, recess the testing phase 
and return to the pre-test phase to review additional relevant questions 
with the examinee. In the case of an ongoing investigation, the examiner 
shall ensure that all relevant questions (as distinguished from 
technical baseline questions) pertain to the investigation.
    (b) No testing period subject to the provisions of the Act shall be 
less than ninety minutes in length. Such ``test period'' begins at the 
time that the examiner begins informing the examinee of the nature and 
characteristics of the examination and the instruments involved, as 
prescribed in section 8(b) (2)(B) of the Act and Sec. 801.23 (a)(2) of 
this part, and ends when the examiner completes the review of the test 
results with the examinee as provided in Sec. 801.25 of this part. The 
ninety-minute minimum duration shall not apply if

[[Page 782]]

the examinee voluntarily acts to terminate the test before the 
completion thereof, in which event the examiner may not render an 
opinion regarding the employee's truthfulness.