Administrative Rules of Montana
Department 23 - JUSTICE
Chapter 23.4 - FORENSIC SCIENCE DIVISION
Subchapter 23.4.2 - Drug and/or Alcohol Analysis
Rule 23.4.217 - RENEWAL OF BREATH-TEST SPECIALIST PERMITS

(1) The division will develop and provide breath-test specialist permit renewal materials to a senior operator for each department.

(2) Senior operators shall provide the permit renewal materials to all breath-test specialists within the senior operators' department. A senior operator from another department may provide the permit renewal materials to departments with no senior operator.

(3) All breath-test specialists shall review the permit renewal materials and acknowledge review as required by the division.

(4) The senior operators shall send all acknowledgment forms to the division unless digital acknowledgment is requested by the division.

(5) The division shall renew permits for all breath-test specialists complying with (3).

(6) A breath-test specialist failing to comply with (3) prior to expiration of her/his current permit, shall not perform any analysis of a person's breath for alcohol until the breath-test specialist's permit is renewed. All breath-test specialists who fail to comply with (3) within 90 days of the expiration date of her/his current permit must either complete an initial certification course or file a written request with the division for an exemption. Exemption requests will be reviewed and approved for good cause by the division. Good cause may include, but is not limited to, lapse in law enforcement service due to military duty, illness, death in the family, or injury. If approved, the breath-test specialist must then comply with (3) within 30 days of the division's approval date.

(7) The division may directly provide the approved permit renewal materials to, and accept acknowledgment forms from, any breath-test specialist at the division's discretion.