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Rule Title: INITIAL CERTIFICATION OF BREATH-TEST SPECIALISTS
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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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23.4.216    INITIAL CERTIFICATION OF BREATH-TEST SPECIALISTS

(1) An individual meets the qualifications for an operator permit by:

(a) attending an approved training course conducted by personnel from the division;

(b) satisfactorily demonstrating knowledge of the principles of breath test analysis through discussion and examination; and

(c) satisfactorily demonstrating competent operation of the breath analysis instrumentation.

(2) The division shall issue an operator's permit to persons complying with (1)(a) through (c).

(3) If an operator candidate fails the certification examination, he/she may retake the examination within 30 days of notification of failure. An operator candidate failing the operator examination a second time, must retake the operator initial certification training course and examination.

(4) An individual meets the qualifications for a senior operator permit by:

(a) holding a valid operator permit;

(b) attending an approved senior operator training course conducted by personnel from the division;

(c) satisfactorily demonstrating knowledge of the principles of breath-test analysis through discussion and completion of the senior operator training course;

(d) satisfactorily demonstrating competent operation of the breath analysis instrumentation; and

(e) satisfactorily demonstrating competent preparation and analysis of controlled solutions utilized in field certifications.

(5) The division shall issue a senior operator's permit to an operator successfully complying with (4)(a) through (e).

(6) A person meets the qualifications for technician by:

(a) holding a valid senior operator permit for at least one year. A special exemption for this requirement may be obtained through the division;

(b) attending an approved technician training course conducted by personnel from the division, or an approved manufacturer's course in technical repair and maintenance;

(c) satisfactorily demonstrating knowledge of the technology utilized by the specific breath analysis instrument for which the individual wishes to hold a permit; and

(d) satisfactorily demonstrating competency in problem solving and repair of specific breath analysis instrument.

(7) The technician permit is held in addition to the senior operator permit. An individual holding a technician permit is required to continue the duties and responsibilities of a senior operator.

 

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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