HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

23.4.215    QUALIFICATION OF BREATH ANALYSIS LOCATION

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

(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 specialist/operators and specialist/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 an testing location's certification and revocation of the breath test specialist/senior operator's certification. Failure to file the above reports does not invalidate any subject analysis 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) All locations should have an equipment control form and a signed user agreement on file with the division to maintain their certification status.

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.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security