10 C.F.R. § 709.25   Are there limits on use of polygraph examination results that reflect “deception indicated” or “no opinion”?


Title 10 - Energy


Title 10: Energy
PART 709—POLYGRAPH EXAMINATION REGULATIONS
Subpart C—Safeguarding Privacy and Employee Rights

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§ 709.25   Are there limits on use of polygraph examination results that reflect “deception indicated” or “no opinion”?

(a) DOE or its contractors may not:

(1) Take an adverse personnel action against an individual solely on the basis of a polygraph examination result of “deception indicated” or “no opinion”; or

(2) Use a polygraph examination that reflects “deception indicated” or “no opinion” as a substitute for any other required investigation.

(b) The Secretary or the D/OCI may suspend an individual's access based upon a written determination that the individual's admission of involvement in one or more of the activities covered by the counterintelligence polygraph, when considered in the context of the individual's access to one or more of the high risk programs identified in §709.4(a)(1)–(8), poses an unacceptable risk to national security or defense. In such cases, DOE will investigate the matter immediately and make a determination of whether to revoke the individual's access.

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