reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.903 - INSTALLATION CERTIFICATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.904 - OPERATOR SUPERVISOR CERTIFICATE REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.905 - OPERATOR'S CERTIFICATE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.906 - EXEMPTION FROM CERTIFICATION REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.911 - INITIAL CERTIFICATION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.103
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.912 - RENEWAL OF CERTIFICATION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.110
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.913 - CERTIFICATION APPLICATION FORMS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.107
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.914 - SPECIAL CERTIFICATION REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.915 - REPORT OF CHANGE OR DISCONTINUANCE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.111
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.916 - CERTIFICATE RECORDS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.109
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.917 - ACCESS TO PREMISES FOR INSPECTION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.112
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.918 - TESTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.108
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.919 - SURVEYS AND PROFICIENCY TESTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.920 - SUSPENSION OR REVOCATION

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.114
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.921 - TRAINING COURSE APPROVAL

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.115
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.922 - TRAINING LEVELS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.106
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.931 - BLOOD SAMPLING TRANSFERRED

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.131
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.932 - URINE SAMPLING

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.133
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.933 - BREATH SAMPLING

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.133
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.934 - SAMPLING OF OTHER BODILY SUBSTANCES

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.134
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.935 - METHODS OF ANALYSIS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.936 - BREATH TESTING INSTRUMENTS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.135
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.937 - EXPRESSION OF RESULTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.938 - CALIBRATION OF STANDARDIZATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.939 - BREATH TEST RECORDS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.116
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.940 - BLOOD AND URINE TEST RECORDS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.117
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.941 - REPORTING TEST RESULTS TRANSFERRED

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  23.4.118
Sec.
					 61-8-405(6)
					 MCA; IMP,
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.953 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply throughout this
				  chapter:
(1) "Certificate holder"
				means the manufacturer or vendor who the department has issued a certificate
				authorizing the use of a particular IID, or a manufacturer or vendor to
				install, service, calibrate, remove, and monitor certified IIDs.
(2) "Circumvention" means the attempted or
				successful bypass of an ignition interlock device (IID), including but not
				limited to:
(a) operating a vehicle without a
				properly functioning IID;
(b)
				disconnecting any part of the IID including the control head while the vehicle
				is in operation;
(c) altering the
				IID;
(d) introducing any breath
				sample from an air compressor, manual air pump, or other mechanical device to
				start, attempt to start, or operate a vehicle equipped with an IID;
(e) introducing a breath sample from someone
				who is not the restricted driver;
(f) introducing any altered, diluted,
				contaminated, stored, or filtered breath sample;
(g) intentionally disrupting or blocking a
				digital image identification device;
(h) operating the interlock vehicle after the
				IID detects excess breath alcohol.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.954 - LOW BREATH VOLUME MEDICAL EXEMPTION

Current through Register Vol. 13, July 5, 2024
(1)
				An individual, manufacturer, or vendor may request to lower the minimum breath
				sample because a restricted driver has diminished lung capacity.
(2) Diminished capacity may be established
				through documentation submitted to the department by the appropriate judicial
				authority or by a medical professional.
(3) It is solely within the department's
				discretion to issue an exemption.
AUTH:
					 61-8-1025, MCA; IMP:
					 61-8-1025,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.955 - IGNITION INTERLOCK DEVICE CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The Motor
				Vehicle Division Administrator or designee must issue a certification of an
				ignition interlock device (IID) before that device is authorized to be
				installed pursuant to Montana Code Annotated and the Administrative Rules of
				Montana.
AUTH:
					 61-8-1025, MCA; IMP:
					 61-8-1025,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.957 - MANDATORY REQUIREMENTS FOR AN IGNITION INTERLOCK DEVICE

Current through Register Vol. 13, July 5, 2024
An IID must meet the following requirements before it may be
				  certified:
(1) Comply with all
				applicable standards set under the Model Specifications of the National Highway
				Traffic Safety Administration Model Specifications for Breath Alcohol Ignition
				Interlock Devices 78 FR 26849-26867 (2013), Montana Code Annotated, and ARM
				Title 23.
(2) Be installed in such
				a manner that it will not interfere with the normal operation of the vehicle
				after it has been started.
(3)
				Work accurately and reliably in an unsupervised environment and under extreme
				weather conditions.
(4) Require a
				deep lung breath sample or use an equally accurate measure of blood alcohol
				concentration equivalence. This requirement is met if the IID allows a minimum
				of 1200 ml or 1.2 L of breath for an acceptable breath sample.
(5) Resist tampering and show evidence if
				tampering is attempted.
(6) Be
				difficult to tamper with or circumvent. This may be shown by:
(a) using special locks, seals, and
				installation procedures that prevent or record evidence of tampering and/or
				circumvention attempts;
(b) breath
				anti-circumvention features such as alternating breath flow, hum tone, breath
				temperature and any other Motor Vehicle Division-approved anti-circumvention
				features must be activated during all start up and random breath
				tests;
(c) changes in software and
				IID configuration, including anti-circumvention features and the State of
				Montana configuration profile must only be administered by the
				manufacturer.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.965 - MANUFACTURER OR VENDOR CERTIFICATION AND INSPECTION

Current through Register Vol. 13, July 5, 2024
(1)
				A manufacturer or vendor must submit an application to the Motor Vehicle
				Division requesting a letter of manufacturer or vendor certification to repair,
				install, remove, or service a certified IID.
(2) The manufacturer or vendor must:
(a) complete the Motor Vehicle Division
				application form;
(b) give the
				manufacturer or vendor's name, physical, mailing, and e-mail addresses, and
				phone number;
(c) give the
				manufacturer's representative's name, physical, mailing, and e-mail addresses,
				and phone number;
(d) give the
				vendor's name, physical, mailing, and e-mail addresses, and phone
				number;
(e) give a written
				statement from the manufacturer that authorizes the vendor to install the
				manufacturer's certified IID;
(f)
				give a certificate of insurance showing that they have adequate liability
				insurance;
(g) certify that each
				lease agreement for an IID:
(i) gives a
				warning that a person who knowingly tampers with, circumvents, or otherwise
				misuses the IID is subject to criminal prosecution;
(ii) describes all fees a lessee may be
				charged to install, remove, repair, or service an IID;
(iii) gives lessees a statement of charges
				clearly specifying warranty details, monthly lease amount, and any other fees
				charged by the manufacturer or vendor; and
(iv) gives the lessee written notice of any
				changes in the statement of charges regardless of what person or agency
				requested the change, prior to the implementation of such
				changes.
(h) give a
				certification that the manufacturer or vendor services the entire State of
				Montana with a service center within 150 miles of any individual who must have
				an IID installed. If a manufacturer or vendor cannot give a fixed location for
				the 150-mile requirement, then a detailed statement on how the manufacturer or
				vendor gives service to all of the State of Montana, including mobile or mail
				programs. A manufacturer or vendor may request a waiver of this requirement due
				to hardship;
(i) give a written
				statement describing the calibration procedures and the interval the restricted
				driver must submit the IID for calibration and inspection;
(j) attach to the application a list of all
				service centers, including:
(i) the physical,
				mailing, and e-mail addresses, and phone numbers of each service
				center;
(ii) the service center's
				hours of operation;
(iii) the type
				of the certified IID serviced;
(iv)
				the type of calibration device used for the serviced IID;
(v) a copy of IID data reader download
				procedures; and
(vi) a list of all
				fees that may be charged to the lessee to install the manufacturer's certified
				IID.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.970 - MANUFACTURER, VENDOR, AND SERVICE CENTER INSPECTION

Current through Register Vol. 13, July 5, 2024
(1)
				A vendor or manufacturer must agree to allow access for Motor Vehicle Division
				employees or their designee to conduct an inspection of the manufacturer,
				vendor, or service center at any time during scheduled business hours to ensure
				compliance.
AUTH:
					 61-8-1025, MCA; IMP:
					 61-8-1025,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.974 - MOTOR VEHICLE DIVISION ISSUANCE OR RENEWAL OF CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(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;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.976 - REVOCATION OR SURRENDER OF A CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The holder
				of a certification must send immediate notice to the Motor Vehicle Division if
				it is no longer in business or if it wishes to voluntarily relinquish its
				certification.
(2) The Motor
				Vehicle Division administrator or designee must revoke a letter of
				certification if it receives notice that the holder of a letter of
				certification is no longer in business or that the holder wishes to voluntarily
				relinquish its certification.
(3)
				The administrator or designee may revoke a letter of IID certification for an
				IID for the holder's violation of any of the laws or regulations related to the
				installation, servicing, monitoring, removal and calibration of IIDs, including
				but not limited to additional requirements including Montana statutes or
				administrative rules.
(4) The
				administrator or designee must issue a written notice of revocation and send it
				to the holder of the letter of certification for ignition interlock.
(5) Upon revocation of a letter of IID
				certification:
(a) the Motor Vehicle Division
				must notify all vendors that all of the uncertified IIDs must be removed and
				replaced by a certified IID within sixty-five days of the revocation;
(b) the vendor must notify all affected
				lessees of the revocation and the requirement the uncertified IID must be
				removed and replaced with a certified device within the sixty-five days and
				submit proof to the Motor Vehicle Division;
(c) upon revocation of an IID certification,
				the manufacturer's IID(s) will be removed from the list of certified IIDs on
				the Motor Vehicle Division's web site.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.978 - MODIFICATION TO A CERTIFIED IID

Current through Register Vol. 13, July 5, 2024
(1) A certificate
				holder must immediately notify the Motor Vehicle Division, in writing, of any
				material modification to a certified IID. A material modification is any
				addition or reduction in features, software version changes, configuration
				profile changes, or alteration in the components and/or the design of the
				certified IID.
(2) A manufacturer
				must resubmit evidence of compliance as required by the Administrative Rules of
				Montana to the Motor Vehicle Division within thirty days of notifying the Motor
				Vehicle Division of a material modification.
(3) The Motor Vehicle Division will determine
				if the device must be submitted for recertification.
AUTH:
					 61-8-1025, MCA; IMP:
					 61-8-1025,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.980 - CERTIFIED IID INSTALLATION, MAINTENANCE, CALIBRATION, REMOVAL, AND REPORTS

Current through Register Vol. 13, July 5, 2024
(1) Each restricted driver must:
(a) have a certified IID installed in any
				vehicle they drive prior to the Motor Vehicle Division issuing them a
				probationary or restricted driving permit;
(b) submit the vehicle and installed IID for
				calibration and inspection at intervals not to exceed sixty-five
				days;
(c) pay all costs associated
				with the installation and calibration.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.984 - ADDITIONAL REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Notwithstanding
				other provisions of this chapter, each manufacturer of a certified IID, either
				on its own or through a vendor approved to do so by the manufacturer must:
(a) guarantee repair or replacement of a
				defective IID within the state of Montana within a maximum of forty-eight hours
				of receipt of a complaint or known failure of an IID; (b) demonstrate to the
				satisfaction of Motor Vehicle Division, a service delivery plan under which any
				restricted driver may obtain installation and routine service of that
				manufacturer's IID within a one hundred fifty-mile radius of his or her place
				of residence or to request a waiver of this requirement due to
				hardship;
(c) provide written
				notification of any changes to a manufacturer's service center network to the
				Motor Vehicle Division within seven days of such change;
(d) maintain a twenty-four hour, three
				hundred sixty-five days a year toll-free telephone number for lessees and/or
				restricted drivers to call if they have problems with a leased IID. Calls must
				either be answered by an individual who is able to make an initial
				identification of the problem, or the call must be returned within one hour of
				the original call. If the problem cannot be immediately resolved, the original
				call must be forwarded to an ignition interlock technician qualified to service
				the manufacturer's IIDs within 12 hours of the original
				call.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.990 - REVIEW OF DENIAL, SUSPENSION, OR REVOCATION OF CERTIFICATION

Current through Register Vol. 13, July 5, 2024
(1) The administrator or designee may deny,
				suspend, or revoke a letter of certification for an IID, manufacturer, or
				vendor certification receiving evidence that any certificate holder has failed
				to comply or no longer complies with any requirement or provision of law or
				this chapter. The following process will be used:
(a) the administrator or designee will give
				the applicant or certificate holder notice of the action and an opportunity to
				be heard prior to denial, suspension, or revocation of the letter of
				certification, except as provided in (2);
(b) upon receiving notice of the action, the
				applicant or certificate holder may request an administrative hearing to
				contest the decision. A request for an administrative hearing must:
(i) be made in writing and mailed to the
				Motor Vehicle Division; and
(ii) be
				received by the patrol's Motor Vehicle Division within twenty business days
				after the date of the notice of action.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.991 - HEARING AND APPEAL

Current through Register Vol. 13, July 5, 2024
(1) Hearings under
				this chapter will be held pursuant to the Montana Administrative Procedure
				Act.
AUTH:
					 61-8-1025, MCA; IMP:
					 61-8-1025,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.992 - IMPOSITION OF ADMINISTRATIVE FEE FOR ALCOHOL OR DRUG TEST REFUSAL

Current through Register Vol. 13, July 5, 2024
(1) Upon notification of a driver's refusal
				to submit to one or more alcohol or drug tests, the department shall impose an
				administrative fee.
(2) The
				administrative fee for each refusal is in addition to any other fee the
				department shall impose against a driver.
AUTH:
					 61-8-1016, MCA; IMP:
					 61-8-1016,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.993 - PAYMENT

Current through Register Vol. 13, July 5, 2024
(1) A driver shall be otherwise eligible and
				pay the administrative fees owed before the department may reinstate a driver's
				license or privilege to drive.
AUTH:
					 61-8-1016, MCA; IMP:
					 61-8-1016,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.9 - Alcohol Analysis › Rule 23.3.994 - FEES DEPOSITED IN STATE SPECIAL REVENUE FUND

Current through Register Vol. 13, July 5, 2024
(1)
				All funds collected for the administrative fee shall be deposited in the
				blood-draw search warrant processing account in the state special revenue fund
				and shall be used to provide forensic analysis of a driver's blood to determine
				the presence of alcohol or drugs.
(2) Funds in the account created in (1) shall
				be appropriated by the legislature for the purposes provided in
				61-8-402, MCA, and shall be
				distributed in accordance with the Montana Operations Manual accounting
				policies.
AUTH:
					 61-8-1016, MCA; IMP:
					 61-8-1016,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.10 - Chrome for Kids › Rule 23.3.1001 - GENERAL PROVISIONS

Current through Register Vol. 13, July 5, 2024
(1) There is a
				state special revenue fund established pursuant to
				61-3-415(3),
				MCA, which shall be known as the Chrome for Kids Wish Fund.
(2) There is a Chrome for Kids Wish Fund
				Review Committee made up of the administrator of the Motor Vehicle Division,
				bureau chief of the Driver's Licensing Bureau, and bureau chief of the Records
				and Driver Control Bureau.
(a) The committee
				will meet each August to review the amount of funds available for grants in the
				current fiscal year.
(b) The
				committee shall notify the public of the amount of grant funds available for
				that fiscal year by August 30.
(c)
				Grant applications shall be accepted by the Motor Vehicle Division at any time
				after the public announcement of funds availability. The deadline for grant
				submission to the department shall be 60 days after the grant
				announcement.
(d) The committee
				will meet within 30 days after the final date of grant submissions to review
				grant proposals and to award grants for that fiscal year.
(e) Any grant funds awarded must be disbursed
				and used within two years of the grant award.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.10 - Chrome for Kids › Rule 23.3.1002 - WISH FUND GRANT CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) Montana-based
				nonprofit public or private corporations, which have received the IRS 501(c)(3)
				tax-exempt designation and whose purpose includes assistance to chronically or
				critically ill Montana children may apply for a Chrome for Kids Wish Fund
				grant.
(2) Funds must be used to
				provide a chronically or critically ill Montana child a special wish. No more
				than 10% of awarded grant funds can be used for program administration by the
				applicant.
(3) Children's wishes
				shall be determined by the parents or legal guardians of minor children in
				consultation with the child and an attending healthcare provider and may be of
				the following type:
(a) a visit to a special
				place such as a children's theme park or a city or metropolitan area to
				experience unique or different food, arts, education, entertainment, and
				culture;
(b) a trip to participate
				in or observe a special activity such as a rodeo, baseball game, surfing, or
				other physical/sports activity;
(c)
				financial assistance to provide improvement in the quality of life for the
				critically or chronically ill child as determined by the attending physician
				and parents/legal guardian; or
(d)
				a special activity such as a birthday party or celebration of the child's life
				as determined by parents/legal guardian.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.10 - Chrome for Kids › Rule 23.3.1003 - APPLICATION REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Grant
				applicants must submit the following materials with each grant application:
(a) the legal title of the nonprofit
				organization and the address of its principal office;
(b) a list of the organization's board
				members and their occupations;
(c)
				a copy of the organization's IRS tax-exempt designation;
(d) a name of the proposed grant, the amount
				of funding requested, the general purpose of the proposed grant, and a specific
				description of how any awarded grant funds would be used; and
(e) any evidence of public support for the
				proposed grant.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.10 - Chrome for Kids › Rule 23.3.1004 - GRANT REVIEW AND EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) Eligibility
				of the requesting organization will be evaluated to determine whether it meets
				the criteria established in statute and these rules.
(2) All applications shall be reviewed and
				evaluated for project type, funding requested, need for the project, and
				whether the funding will be used and completed within the two-year
				period.
(3) Successful grant
				applicants will be required to provide the Motor Vehicle Division with a
				report, once grant funds are exhausted, that details specifically how the grant
				funds were used.
61-3-415,
					 MCA; IMP,
					 61-3-415,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.11 - Adult School Crossing Guards › Rule 23.3.1101 - TRAINING FOR ADULT SCHOOL CROSSING GUARDS

Current through Register Vol. 13, July 5, 2024
(1)
				An adult school crossing guard may be a school district employee or an adult
				volunteer member of the community. Training for adult school crossing guards
				may be provided by the school district or local law enforcement and should
				include:
(a) safety issues for crossing
				guards and limitations of children as pedestrians;
(b) review of basic traffic laws, school zone
				signs, and pavement markings;
(c)
				methods of identifying traffic gaps and signaling drivers;
(d) street-crossing procedures and ways to
				impart them to children; and
(e)
				other information on traffic safety, injury prevention, and personal
				responsibility that the school district considers important for pedestrian
				safety and safe crossing operation.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.11 - Adult School Crossing Guards › Rule 23.3.1102 - SAFETY EQUIPMENT FOR ADULT CROSSING GUARDS

Current through Register Vol. 13, July 5, 2024
(1) Adults performing school crossing
				supervision shall wear high-visibility, retro reflective Class 2 safety apparel
				and use a STOP paddle in accordance with the sign manual adopted by the
				Department of Transportation.
20-1-214,
					 MCA; IMP,
					 20-1-214,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.3 - MOTOR VEHICLE DIVISION › Subchapter 23.3.11 - Adult School Crossing Guards › Rule 23.3.1103 - OPERATING PROCEDURES FOR ADULT CROSSING GUARDS

Current through Register Vol. 13, July 5, 2024
(1) Adult crossing guards shall not direct
				traffic or act in a manner similar to that used by a law enforcement officer at
				the scene of a crash or within an area of high-volume traffic. School crossing
				guards shall control only pedestrian traffic.
(2) Adult crossing guards shall direct and
				assist school-age children by identifying and utilizing gaps in traffic to help
				pedestrians safely cross a street. The school crossing guard shall identify and
				take advantage of a sufficient gap in the traffic flow. When safe, the school
				crossing guard shall stand in the roadway with a STOP paddle to alert motorists
				that pedestrians are in the process of using or waiting to use the crosswalk
				and that all vehicle traffic must stop and yield to pedestrians.
20-1-214,
					 MCA; IMP,
					 20-1-214,
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.101 - CERTIFICATION OF PERSONS AND/OR INSTALLATIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.102 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.103 - INITIAL CERTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.104 - EXEMPTION OF CLINICAL AND HOSPITAL LABORATORIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.105 - REQUIREMENTS FOR CERTIFICATION OF PERSONS AND/OR INSTALLATIONS NOT EXEMPT FROM CERTIFICATION REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.106 - TRAINING LEVELS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.107 - CERTIFICATION APPLICATION FORMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.108 - TESTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.109 - CERTIFICATE RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.110 - RENEWAL OF CERTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.111 - REPORT OF CHANGE OR DISCONTINUANCE (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.112 - ACCESS TO PREMISES FOR INSPECTION REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.113 - SURVEYS AND PROFICIENCY TESTS REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.114 - SUSPENSION OR REVOCATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.115 - TRAINING COURSE APPROVAL (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.116 - BREATH TEST RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.117 - BLOOD AND URINE TEST RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.118 - REPORTING TEST RESULTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP,.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.119 - REQUIRED CERTIFICATION FOR BREATH ALCOHOL TESTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.120 - BIANNUAL INSPECTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.121 - OPERATOR SUPERVISOR REQUIRED REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.131 - BLOOD SAMPLING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.132 - URINE SAMPLING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.133 - BREATH SAMPLING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.134 - SAMPLING OF OTHER BODILY SUBSTANCES REPEALED (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec. 67-8-405(6) MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.135 - BREATH-TESTING INSTRUMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.1 - Alcohol Analysis › Rule 23.4.136 - OPERATION OF BREATH-TESTING DEVICES (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context requires otherwise, the following
				  definitions apply to this subchapter:
(1) "Alcohol" means an organic hydrocarbon
				molecule which contains a hydroxyl (oxygen, hydrogen) as its primary functional
				group, such compounds to include such common alcohols as: methanol, ethanol,
				isopropanol, and all other compounds chemically classified as an
				alcohol.
(2) "Alcohol analyses"
				includes any testing required to achieve a result demonstrating the presence
				and/or concentration of alcohol in breath, blood, or any other bodily
				substance.
(3) "Alveolar air" means
				that air which is located in the alveoli of the lungs and is responsible for
				the exchange of gases between the blood and the lung. This is the type of
				breath upon which the 2100:1 breath blood ratio is established.
(4) "Anticoagulant" means any substance which
				prevents the clotting of the blood sample.
(5) "Associated equipment" means:
(a) any device which can be directly attached
				to the breath analysis instrument and is not considered an expendable item,
				i.e., a wet bath simulator; or
(b)
				any approved device capable of capturing and analyzing deep lung air to detect
				and verify the presence of alcohol, i.e., a PAST device.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.202 - CERTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.203 - EXEMPTIONS

Current through Register Vol. 13, July 5, 2024
(1) The following are exempt from the
				certification required by this subchapter:
(a) all clinical and hospital laboratories
				under the direct supervision of a pathologist or certified medical technologist
				which are either licensed by the Montana Department of Health and Environmental
				Sciences or accredited by the College of American Pathologists, the Joint
				Commission on Accreditation of Hospitals, or some other similar health
				accrediting authority;
(b) a
				laboratory operated by the department.
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.204 - SUSPENSION OR REVOCATION OF CERTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.205 - TYPES OF BREATH-TESTING CERTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.206 - RECERTIFICATION OF PERSONS PERFORMING BREATH TESTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.207 - BREATH TEST RECORDS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.208 - REPORTING BREATH TEST RESULTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 61-8-405(6)
					 MCA; IMP, Sec.
					 61-8-405(6)
					 MCA;
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.209 - BREATH ANALYSIS INSTRUMENTS

Current through Register Vol. 13, July 5, 2024
(1) All models of
				breath analysis instruments used to administer testing according to
				61-8-1019, MCA, must be approved
				by the division. The models operated by certified operators and/or senior
				operators prior to and on the effective date of this rule are deemed approved
				by the division.
AUTH:
					 61-8-1019, MCA; IMP:
					 61-8-1019,
					 MCA
Administrative Rules of Montana › Department 23 - JUSTICE › Chapter 23.4 - FORENSIC SCIENCE DIVISION › Subchapter 23.4.2 - Drug and/or Alcohol Analysis › Rule 23.4.210 - SURVEYS AND PROFICIENCY TESTS

Current through Register Vol. 13, July 5, 2024
(1)
				Equipment and records used by nonexempt certified persons or persons applying
				for certification for blood testing are subject to on-site inspections by
				representatives of the division.
(2) The person shall accept from the division
				for analysis periodic evaluation samples and participate in a national blood
				alcohol proficiency testing program (i.e., program conducted by the College of
				American Pathologists).
(3) A copy
				of the results of evaluation sample analysis and proficiency tests shall be
				sent to the division.
AUTH:
					 61-8-1019, MCA; IMP:
					 61-8-1019,
					 MCA