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Rule Title: QUALIFICATION OF BREATH ANALYSIS LOCATION
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Department: JUSTICE
Chapter: FORENSIC SCIENCE DIVISION
Subchapter: Drug and/or Alcohol Analysis
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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23.4.215    QUALIFICATION OF BREATH ANALYSIS LOCATION

(1) All locations performing breath analysis must have one or more senior operator(s) responsible for the care, maintenance, and field certification of the breath analysis instrument. The senior operator does not have to be a member of the department which has the physical placement of the breath analysis instrument.

(2) All locations must have a sufficient number of breath-test specialists to warrant placement. The number of breath-test specialists for any location will be based on the total number of operators and senior operators within the county.

(3) All locations will provide an adequate operational environment for the breath analysis instrument. If a location fails to do so, the division shall have the right to place that location on suspension, and if the location does not meet approval within 90 days of notification of suspension, the division will revoke the location's certification. If the breath analysis instrumentation is state-owned, the breath analysis instrumentation will be removed.

(4) All locations are required to submit copies of all field certification reports and all breath analysis reports on a monthly basis. Failure to maintain this reporting schedule may result in the revocation of a testing location's certification and revocation of the senior operator's certification. Failure to file the above reports does not invalidate any subject analysis or field certification performed at that location.

(5) In order to obtain approval as a certified test location, an application must be submitted to the division. The division will review the application and will respond with its decision. Applications will be available through the division. All locations established prior to April 1, 1990, are exempt from the application requirement and are granted certification status.

(6) Temporary testing locations may be designated upon the request of a law enforcement agency if the division feels that such location is warranted. Such location must conform to all certification specifications required for a permanent testing location.

(7) Mobile testing locations may be designated upon the request of a law enforcement agency if the division feels that such location is warranted. All mobile testing shall be done in a manner approved by the division. No formal application is required.

(8) All locations should have an equipment control form and a signed user agreement on file with the division to maintain their certification status.

 

History: 61-8-405, MCA; IMP, 61-8-405, MCA; NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12.


 

 
MAR Notices Effective From Effective To History Notes
23-4-228 7/13/2012 Current History: 61-8-405, MCA; IMP, 61-8-405, MCA; NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07; AMD, 2012 MAR p. 1355, Eff. 7/13/12.
5/11/2007 7/13/2012 History: 61-8-405, MCA; IMP, 61-8-405, MCA; NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07.
5/17/2002 5/11/2007 History: Sec. 61-8-405, MCA; IMP, Sec. 61-8-405, MCA; NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2002 MAR p. 1482, Eff. 5/17/02.
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