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23.4.217    RE-CERTIFICATION OF BREATH TEST PERSONNEL

(1) The division must approve any course necessary for the re-certification of the breath test specialist/operator. The division shall place a copy of the re-certification exam in the custody of the breath test specialist/senior operator.

(2) The breath test specialist/senior operator shall have the responsibility of presenting the approved re-certification course and monitoring the examination of all personnel seeking re-certification. The division may, if it determines that the circumstances warrant, give re-certification training to any individual(s) seeking re-certification directly from the division.

(3) All examinations shall be sent to the division for grading.

(4) Permits shall be issued to all individuals successfully completing the breath test specialist re-certification training. Such permit shall have the specialist's certification date displayed. The permit expires the last day of the month, in the following year, in which the specialist was certified.

(5) All breath test specialist/operators shall be recertified on an annual basis by attending a recertification course approved by the division.

(6) In addition to the annual re-certification, all breath test specialist/senior operators may be re-certified by a representative of the division once every two years on a schedule to be determined by the division.

(7) Training may include, but is not limited to, the following subjects:

(a) toxicology and pharmacology of alcohol in the human system;

(b) breath analysis instrument theory;

(c) breath analysis instrument operation;

(d) current legal decisions;

(e) training techniques; and

(f) any area deemed appropriate by the division.

(8) The breath test specialist/senior operator is still required to submit an annual examination based on the material he/she is presenting to the breath test specialist/operators in addition to the bi-annual re-certification conducted by the division.

(9) A permit will be issued to all individuals successfully completing the senior operator’s re-certification training. Such notification shall have the specialist’s certification date displayed. Certification expires the last day of the month, in the following year of which the specialist was certified.

(10) The breath test specialist/technician is only required to fulfill the re-certification requirements of a breath test specialist/senior operator. The technician’s proficiency will be assessed through monitoring of his/her performance.

(11) All breath test specialists must successfully pass a re-certification course within 90 days after his/her expiration date.

(12) If a breath test specialist fails to re-certify within the specified time frame, he/she must either attend an initial certification course or file a request, in writing, for an exemption. Exemption requests will be reviewed by the division.

(13) If a breath test specialist fails the re-certification examination he/she may retake the examination within 30 days of notification of failure. After a second test failure, all candidates for re-certification must retake the appropriate breath test specialist course.

History: Sec. 61-8-405, MCA; IMP, Sec. 61-8-405, MCA; NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 1995 MAR p. 119, Eff. 1/27/95; AMD, 1995 MAR p. 2805, Eff. 12/22/95; AMD, 2002 MAR p. 1482, Eff. 5/17/02.

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