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23.4.217    RECERTIFICATION OF BREATH TEST PERSONNEL

(1) The division must approve any course necessary for the recertification of the breath test specialist/operator. The division shall place a copy of the recertification 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 recertification course and monitoring the examination of all personnel seeking recertification. The division may, if it determines that the circumstances warrant, give recertification training to any individual(s) seeking recertification 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 recertification training. 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 a regular basis by attending a recertification course approved by the division.

(6) In addition to the regular recertification, all breath test specialist/senior operators may be recertified 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 biannual recertification which may be conducted by the division.

(9) A permit will be issued to all individuals successfully completing the senior operator's recertification training. Certification expires the last day of the month, in the following year in which the specialist was certified.

(10) The breath test specialist/technician is only required to fulfill the recertification 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 recertification course within 90 days after his/her expiration date.

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

History: 61-8-405, MCA; IMP, 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; AMD, 2007 MAR p. 618, Eff. 5/11/07.

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