Section 1230.120  Disclosure of Examination Results

a)         An examiner shall prepare a written report of each examination he or she administers. The report shall contain at least the following information:

1)         Identity of the subject;

2)         Identity of the client; and

3)         For:

A)        Pre-employment examinations, the results of the examination; or

B)        All other examinations:

i)          A statement of the facts upon which he/she conducted both the pre-test interview with the subject and the examination itself.

ii)         A list of the questions asked on the tests that were relevant to the issues upon which the subject agreed to be examined.

iii)        His or her conclusion as to truth or deception of the subject's answer to each of the questions listed in the report.

b)         An examiner shall not include in the report any conclusion as to the truth or deception of the subject with regard to any matters not submitted by the client for determination.

c)         An examiner shall not report his or her professional conclusion as to truth or deception on a relevant issue without having asked the question relating to that issue at least once in each of 2 separate tests.

d)         If a defense attorney has asked that an examination of his or her client be conducted and later asks that the examiner not issue a written report, an examiner shall not be required to prepare a written report.  When the examination is being utilized as part of that attorney's work product, it falls under protected attorney/client privilege.  The request must be documented and kept in the file pursuant to Section 1230.130.

e)         When retained privately, an examiner shall not be required to prepare a written report when asked not to do so by the client.  The request must be noted and kept in the file pursuant to Section 1230.130.

(Source:  Amended at 29 Ill. Reg. 16416, effective October 13, 2005)