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23.4.216    QUALIFICATIONS OF PERSONNEL

(1) An individual meets the qualifications for a breath test specialist/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) A permit shall be issued to a person successfully completing the training.

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

(4) An individual meets the qualifications for a breath test specialist/senior operator permit by:

(a) holding a valid breath test specialist permit for at least one year. A special exemption for this requirement may be obtained through the division;

(b) attending an approved breath test specialist/senior operator training course conducted by personnel from the division;

(c) satisfactorily demonstrating knowledge of the principles of breath test analysis through discussion and examination;

(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) A permit shall be issued to a person successfully completing the training.

(6) A person meets the qualifications for breath test specialist/technician by:

(a) holding a valid breath test specialist/senior operator permit for at least one year. A special exemption for this requirement may be obtained through the division;

(b) attending an approved breath test specialist/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 breath test specialist/technician permit is held in addition to the breath test specialist/senior operator permit. An individual holding a breath test specialist/technician permit is required to continue the duties and responsibilities of a breath test specialist/senior operator.

 

History: 61-8-405, MCA; IMP, 61-8-405, MCA; NEW, 1991 MAR p. 1281, Eff. 7/26/91; AMD, 2002 MAR p. 1482, Eff. 5/17/02; AMD, 2007 MAR p. 618, Eff. 5/11/07.

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