Administrative Rules of Montana
Department 23 - JUSTICE
Chapter 23.4 - FORENSIC SCIENCE DIVISION
Subchapter 23.4.2 - Drug and/or Alcohol Analysis
Rule 23.4.216 - INITIAL CERTIFICATION OF BREATH-TEST SPECIALISTS

Universal Citation: MT Admin Rules 23.4.216

Current through Register Vol. 6, March 22, 2024

(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.

AUTH: 61-8-1019, MCA; IMP: 61-8-1019

Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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