Current through Register Vol. 46, No. 19, March 20, 2024
(1)
Program requirements. As
a participating jurisdiction of the 24/7 program, the participating
jurisdiction shall:
a. Designate the law
enforcement agency or third-party provider that will administer, implement and
enforce the 24/7 program. More than one law enforcement agency or third-party
provider may be designated.
b.
Provide one or more locations for testing persons who are participating in the
24/7 program for the presence of alcohol or a controlled substance.
c. Ensure that each designated location is
available at least twice per day, seven days per week for persons to be tested,
during hours designated by the law enforcement agency.
d. Ensure that personnel who administer tests
and collect bodily specimens for testing at the location have all required
training and certifications to use or operate the testing equipment or
devices.
e. Provide testing
equipment and devices.
f. Designate
the law enforcement agency that will be responsible to collect program fees
from persons subject to testing and use program fees to pay for the
participating jurisdiction's costs to administer the program and purchase or
maintain testing equipment and devices.
g. Provide for and apply immediate sanctions
for failed tests.
h. Provide for
and apply timely sanctions for failed tests.
i. Provide test results to the court,
prosecutor, and person's attorney and also provide test results and other
required program information to the program data management system.
j. Provide for one or more alternative
testing methods, if such methods have been approved by the commissioner, in
cases of persons for whom testing at least twice per day creates a documented
hardship or is geographically impractical.
k. Designate the law enforcement agency to
establish and maintain a 24/7 program account, place all program fees collected
into the account and use the funds in the account only for the purposes of
administering and operating the 24/7 program, including but not limited to
paying for the services of a third-party provider. The funds in the account
shall be considered public funds and shall be subject to the rules and policies
of the state auditor's office.
l.
Establish a program that is administered by the law enforcement agency to
accept public or private grant funds, gifts, or donations and use the funds
received to support program activities, including but not limited to the
payment of fees for indigent persons. The funds collected under this program
shall be deposited and held in the 24/7 program account.
m. Provide reports to the department as
required.
n. Ensure that an audit
of the 24/7 program account is conducted at least annually and make the audit
report available to the department upon request.
o. Maintain sufficient security protocols to
protect the personal information of persons subject to testing from
unauthorized use.
p. Be approved by
the department as a participating jurisdiction.
(2)
Third-party provider. A
participating jurisdiction may designate a third-party provider to provide
testing services as described in subrule 159.11(1), except, that the
third-party provider shall not provide any of the requirements in paragraphs
159.11(1)'#" "g," "h," "k," and "l." The
department shall review any third-party provider designated by the
participating jurisdiction as a part of the application process. A third-party
provider must be approved by the department before providing any service of the
24/7 program.
(3)
Application. A county or city that desires to become a
participating jurisdiction shall submit an application to the department. The
application shall be made on a form provided by the department, which is
available atwww.dps.state.ia.us/commis/gtsb/index.shtml
. The department shall notify the participating jurisdiction whether it has
been approved to participate in the 24/7 program. Approval shall be in the sole
discretion of the department.
