24.351.1111 PRIVILEGES AND OBLIGATIONS OF A CERTIFICATE HOLDER
(1) An individual who holds a "certificate of registration":
(a) has the authority to remove an official rejection tag or mark placed on a weighing or measuring device by the authority of the bureau;
(b) may place in service, until such time as an official examination can be made, a weighing or measuring device that has been officially rejected; and
(c) may place in service, until such time as an official examination can be made, a new or used weighing or measuring device.
(2) A registered service person or registered service agency may not use, in servicing commercial weighing or measuring devices, any standards or testing equipment that have not been certified by the bureau. Equipment calibrated by another state's weights and measures laboratory that can show traceability to the National Institute of Standards and Technology will also be recognized as equipment suitable for use by registered service persons or registered service agencies in this state.
(3) A registered service person or registered service agency is responsible for installing, repairing, and adjusting devices such that the devices are adjusted as closely as practicable to zero error.
(4) A registered service person or registered service agency is responsible for following the testing procedures in the regulations that are adopted by the bureau.
(5) Each registered service person and registered service agency shall execute a "placed-in-service" report when a device is placed in service. The "placed-in-service" report must be on a form provided or approved by the bureau. An agency may request approval of a company form already in use if such form meets bureau standards. Such a form must:
(a) be executed in duplicate;
(b) include the assigned registration number; and
(c) be signed by the registered service person responsible for each:
(i) rejected device restored to service; or
(ii) newly installed device placed in service.
(6) Within five working days after a device is restored to service or placed in service, the original of the properly executed placed-in-service report, together with any official rejection tag removed from the device, must be mailed to the bureau at the Department of Labor and Industry, Weights and Measures Bureau, P.O. Box 200516, Helena, Montana 59620-0516. It is also permissible to fax or e-mail a copy of the original and any removed tags to the bureau, with the registered service agency maintaining the original. The duplicate copy of the report must be given to the owner or operator of the device. The removed rejection tag or original placed-in-service report is not to be left with the owner or operator of the device.
(7) Each registered service person shall have a unique identifier if they place devices into service that can be physically sealed. Unique identifiers for new service persons registered after January 1, 2013 shall have the service person's registration number that is provided by the bureau. For devices with internal controls, and thus cannot be physically sealed, the registered service person shall place a sticker or label on the device bearing their name, company name, and the date the device was placed into service.
History: 30-12-202, MCA; IMP, 30-12-202, MCA; NEW, 2005 MAR p. 445, Eff. 4/1/05; AMD, 2012 MAR p. 1786, Eff. 9/7/12.