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Rule Title: MOTOR VEHICLE DIVISION ISSUANCE OR RENEWAL OF CERTIFICATION
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Department: JUSTICE
Chapter: MOTOR VEHICLE DIVISION
Subchapter: Alcohol Analysis
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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23.3.974    MOTOR VEHICLE DIVISION ISSUANCE OR RENEWAL OF CERTIFICATION

(1) The Motor Vehicle Division administrator or designee is authorized to issue an IID, manufacturer, or vendor certification. The Motor Vehicle Division administrator or designee is authorized to renew a manufacturer or vendor certification.

(2) Upon receipt of an application for certification or renewal, the administrator or designee must review the application for completeness.

(a) If the application is incomplete, the administrator or designee with total discretion may either:

(i) contact the applicant to request missing information. The applicant has 20 days to give the requested information or the administrator or designee must deny the application; or

(ii) return to the applicant the incomplete application with notification to resubmit a completed application;

(b) If the application is complete, approve when all requirements are met and issue the IID, manufacturer, or vendor certification. The certification must be sent to the applicant by certified mail return receipt requested;

(c) Deny a completed application when all requirements are not met. If denied, send a written notification of denial to the applicant by certified mail return receipt requested;

(d) The Motor Vehicle Division may deny an application for certification for a manufacturer or vendor if the number of certificate holders exceeds the ability to economically sustain more than a limited number of vendors.

(3) If an application is denied, the applicant must wait ninety days before submitting a new application.

(4) A certification is effective from the date stated on the letter and is valid for three years or until it is surrendered or revoked, except that a manufacturer is not required to renew a certified IID.

(5) The Motor Vehicle Division has absolute discretion to review the certification at any time, including requesting sample devices to conduct IID field and laboratory tests.

 

History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.


 

 
MAR Notices Effective From Effective To History Notes
23-3-245 1/1/2018 Current History: 61-8-441, MCA; IMP, 61-8-441, MCA; NEW, 2017 MAR p. 896, Eff. 1/1/18.
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