reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 6 - Prebasic Training Course › Section 6-1 - Prebasic training course

Current through July 10, 2024
Authority: IC 5-2-1-9
Affected: IC 5-2-1-15
Sec. 1.
(a) Every law
				enforcement officer and every reserve police officer appointed after June 30,
				1993, who has not successfully completed basic training as prescribed in
				250 IAC 2-3 must successfully
				complete the prebasic training course prescribed in this section before that
				officer can make an arrest, conduct a search or seizure of persons or property,
				or carry a firearm as part of the duties of a law enforcement officer or
				reserve police officer.
(b) The
				prebasic course:
(1) shall consist of forty
				(40) hours of instruction;
(2) must
				include the subjects of arrest, search and seizure, use of force, and firearms
				qualification; and
(3) must be
				offered periodically at regional sites throughout the state.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 6 - Prebasic Training Course › Section 6-2 - Successful completion permits temporary exercise of police powers

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-9
Sec. 2.
Successful completion of the prebasic course authorizes a
				  law enforcement officer to:
(1) make
				arrests;
(2) conduct searches and
				seizures of persons and property; and
(3) carry a firearm; for one (1) year after
				the date the law enforcement officer is appointed.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 7 - In-Service Training › Section 7-1 - Mandatory in-service training

Current through July 10, 2024
Authority: IC
				  5-2-1-9; IC
				  36-8-3-20
Affected: IC
				  5-2-1-9; IC
				  36-8-3-20
Sec. 1.
A person who has successfully completed basic training and
				  has been appointed to a law enforcement department or agency as a law
				  enforcement officer or reserve police officer, whether on a part-time or
				  full-time basis, is not eligible for continued employment under IC
				  5-2-1-9(g)  unless
				  the officer successfully completes a minimum of twenty-four (24) hours of
				  in-service training each calendar year. Subject matter for this training must
				  meet the following requirements:
(1) A
				minimum of:
(A) two (2) hours in the subject
				of firearms;
(B) four (4) hours of
				active participation in the subject of defensive tactics/use of force, using
				the categories of techniques stated in the uniform statewide defensive tactics
				policy and training program; and
(C) two (2) hours in the subject of police
				vehicle operations.
The remaining hours must include subjects man dated by IC
				  5-2-1-9(g), as
				  well as any other subjects included within the minimum basic training
				  curriculum approved by the board. Additional subjects must be approved by the
				  board based upon a need expressed by the law enforcement agency or department
				  employing the officer.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 7 - In-Service Training › Section 7-2 - Training credit for college or university courses

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-9
Sec. 2.
One (1) college credit hour earned with a grade of C or
				  higher at an accredited college or university in subject matter addressing a
				  need expressed by the law enforcement agency, or as approved by the executive
				  director, may substitute for four (4) hours of inservice training, but college
				  credit hours may not be substituted for more than one-half (½) of the
				  total hours of required inservice training.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 7 - In-Service Training › Section 7-3 - Training credit earned through distance education

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-9
Sec. 3.
(a) Training
				that is presented through video or interactive video, computer-assisted
				instruction, correspondence, or in some other manner that is viewed as
				nontraditional by the board shall be considered distance education and must be
				approved by the board through its executive director.
(b) The board shall establish terms and
				conditions to regulate the providers and recipients of distance education and
				may develop and publish the forms it deems necessary for this
				purpose.
(c) Additionally, the
				board shall determine the number of hours that it will recognize for each
				distance education program, using average pretest completion time, viewing or
				interacting time, and post-test completion time in making its
				decision.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 7 - In-Service Training › Section 7-4 - Failure to complete in-service training

Current through July 10, 2024
Authority: IC
				  5-2-1-9; IC
				  36-8-3-20
Affected: IC
				  5-2-1-9; IC
				  36-8-3-20
Sec. 4.
(a) When a
				law enforcement officer or reserve police officer fails to successfully
				complete the required hours of in-service training in a calendar year, the
				board, through its executive director, may make inquiry to determine if the
				failure was caused by an emergency situation, the unavailability of courses, or
				for some other reason.
(b) If the
				inquiry reveals that the failure was caused by an emergency situation or the
				unavailability of courses, the board, through its executive director, may waive
				the officer's training requirement for the year by making an appropriate entry
				in the officer's master training file. However, as a condition of the waiver,
				the board may require the officer to make up the training hour deficit during
				the next calendar year.
(c) If the
				inquiry reveals that the failure was not caused by an emergency situation or
				the unavailability of courses, the board, through its executive director, shall
				make an appropriate entry in the officer's master training file. In addition,
				the board shall notify the officer of the results of its inquiry and send
				copies of the correspondence to the chief executive officer of the officer's
				department and the prosecuting attorney of the county in which the officer
				works.
(d) An officer who fails to
				complete the required hours of in-service training in a calendar year, for some
				reason other than the existence of an emergency situation or the unavailability
				of courses, shall not be eligible for continued employment. If an officer has
				not completed the required hours of in-service training in a calendar year, the
				appointing authority shall immediately suspend the officer's police powers
				until the training requirement is satisfied. The dates of any such suspension
				shall be recorded in the officer's training record at the officer's
				department.
(e) To regain
				eligibility for employment, an officer in noncompliance must make up the
				training hour deficit and submit proof of the training received to the chief
				executive officer of the employing department, who shall immediately forward it
				to the board.
(f) If the board
				finds that the training received meets the requirements established for
				mandatory in-service training, the officer shall be considered to be in
				compliance with the training mandate as of the date the officer completed the
				last hour of training required by the mandate.
(g) An appropriate entry shall then be made
				in the officer's master training file, and the board, through its executive
				director, shall report the compliance date to the following:
(1) The officer.
(2) The chief executive officer of the
				officer's department.
(3) The
				prosecuting attorney of the county in which the officer works.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 7 - In-Service Training › Section 7-5 - Grievance procedures

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  4-21.5-5-1
Sec. 5.
Any person who feels aggrieved by an action associated with
				  the mandatory inservice training requirement or with the issuance or revocation
				  of diplomas, certificates, or other indicia of compliance with this rule may
				  request, in writing, a hearing before the executive director of the board. If
				  the person still feels aggrieved following a hearing before the executive
				  director, the person may request, in writing, a hearing before the board. Any
				  person who still feels aggrieved after hearings before both the executive
				  director and the board may file a petition for judicial review under IC
				  4-21.5-5-1.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Training Status Report › Section 8-1 - Annual report

Current through July 10, 2024
Authority: IC 5-2-1-9; IC 36-8-3-20
Affected: IC 5-2-1-1
Sec. 1.
(a) Each law
				enforcement officer and reserve police officer in Indiana shall be responsible
				for the following:
(1) Successfully completing
				the in-service training required by
				250 IAC 2-7-1 annually.
(2) Reporting successful completion of the
				training to the chief executive officer of the department or agency employing
				or appointing the officer.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Training Status Report › Section 8-2 - Responsibility for submitting report

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-1
Sec. 2.
The chief executive officer of every law enforcement
				  department or agency in Indiana shall be responsible for submitting an annual
				  report to the executive director of the board detailing the basic and inservice
				  training status of every officer on the payroll of the department or agency. A
				  similar report must be submitted for each reserve police
				  officer.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Training Status Report › Section 8-3 - Report to cover previous calendar year; submission and delinquent dates

Current through July 10, 2024
Authority: IC
				  5-2-1-9; IC
				  36-8-3-20
Affected: IC
				  5-2-1-1
Sec. 3.
The annual training status report required by this rule is
				  submitted either electronically or on paper on or before January 31 of each
				  year and includes all training received by each law enforcement officer and
				  reserve police officer of the department during the previous calendar
				  year.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Training Status Report › Section 8-4 - Format of report

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-1
Sec. 4.
The board, through its executive director, shall develop the
				  content of the annual training report required by this rule in a format that
				  will permit departments to submit the required data either electronically or on
				  paper.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 8 - Training Status Report › Section 8-5 - Cover letter and opinion required if inservice training not completed

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-1
Sec. 5.
When a law enforcement officer or reserve police officer
				  fails to comply with a training mandate, the chief executive officer of the
				  department or agency shall call the deficiency to the attention of the
				  executive director through a cover letter attached to the department's annual
				  training status report. The chief executive officer shall also state his
				  opinion as to the reason the officer failed to complete the required
				  training.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 9 - Reserve Police Officers › Section 9-1 - Reserve police officer training

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  36-8-3-20
Sec. 1.
(a) All
				reserve police officers defined in IC
				36-8-3-20 appointed after June 30,
				1993, whether called reserve police officers or by another title, shall
				successfully complete the prebasic training course prescribed by the board
				before the reserve police officer may:
(1)
				exercise any power of arrest;
(2)
				conduct any search or seizure of a person or property; or
(3) carry a firearm.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 9 - Reserve Police Officers › Section 9-2 - Reserve police officer academy certification

Current through July 10, 2024
Authority: IC 5-2-1-9
Affected: IC 5-2-1-9
Sec. 2.
(a) A
				department acting alone, or two (2) or more departments acting together, may
				develop a reserve police officer academy and apply to the board for
				certification of the academy. An academy certified by the board as a reserve
				police officer academy must use board-certified instructors and a
				board-approved curriculum.
(b)
				Equipment and training facilities, including classrooms used by towns, cities,
				counties, or agencies or departments of the state to conduct a reserve police
				officer academy, shall be subject to inspection and approval by the board
				through its executive director or a designee.
(c) The minimum curriculum, attendance
				requirements, learning objectives, lecture outlines, examinations, and other
				instructional materials used for reserve police officer training in the reserve
				police officer academy are subject to inspection and approval by the board,
				through its executive director or a designee, prior to the beginning date of
				each reserve police officer class. Additionally, the board, through its
				executive director or a designee, may visit any reserve police officer academy
				at any time a class is in session to ensure compliance with the board's
				requirement for curriculum, attendance, learning objectives, lecture outlines,
				examinations, and other instructional materials and may suspend or revoke,
				immediately, the certification of any reserve police officer academy operating
				in violation of this rule.
(d) As a
				guideline for departments considering establishing a reserve police officer
				academy, or seeking certification for an academy already in existence, the
				board will, uniformly, require that the curriculum, attendance requirements,
				learning objectives, lecture outlines, examinations, and other instructional
				materials meet the standards of
				250 IAC 2-4.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 10 - Minimum Qualifications for Instructors › Section 10-1 - Certification of instructors

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-12
Sec. 1.
The board, through its executive director, shall certify
				  instructors it deems qualified to teach in prebasic, basic, inservice, and
				  instructor training courses.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 10 - Minimum Qualifications for Instructors › Section 10-2 - Instructor qualifications

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-12
Sec. 2.
Instructors will be certified on the basis of minimal
				  qualifications in the areas of education, training, and experience as
				  follows:
(1) Requirements for primary
				instructors shall be as follows:
(A) Any of
				the following:
(i) A minimum of three (3)
				years of law enforcement experience.
(ii) Be a member of the adjunct faculty or
				faculty of an accredited vocational school, college, or university.
(iii) Be a physician or attorney licensed to
				practice in Indiana or a contiguous state.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 10 - Minimum Qualifications for Instructors › Section 10-3 - Revocation of certification

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-12
Sec. 3.
Instructor certification may be revoked by the board
				  whenever an instructor is deemed to be unqualified to continue
				  teaching.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 10 - Minimum Qualifications for Instructors › Section 10-4 - Review of certification

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-12
Sec. 4.
Review of instructor certification may be initiated by the
				  board, or through its executive director, at any time and may be done even
				  though there are no external requests or complaints. Information gained through
				  the review may be used to:
(1) revoke
				an instructor's certification;
(2)
				require an instructor to complete or repeat all or any part of a board-approved
				instructor training course; or
(3)
				deny renewal of an instructor's certification.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 10 - Minimum Qualifications for Instructors › Section 10-5 - Completion of instructor training course

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-12
Sec. 5.
All applicants for instructor certification or
				  recertification, other than provisional instructors, are required to complete
				  an instructor training course approved by the board unless the board, through
				  its executive director, determines that the applicant already possesses
				  education and experience that equate with the knowledge and skills taught in a
				  board-approved instructor training course.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 10 - Minimum Qualifications for Instructors › Section 10-6 - Term of certification

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-12
Sec. 6.
(a) All
				instructor certifications, except provisional certifications, shall be valid
				for three (3) years from the date of certification unless revoked earlier by
				the board.
(b) Provisional
				instructor certifications shall expire one (1) year from the date they are
				issued unless an earlier expiration date is specified.
(c) The board may, at its discretion, through
				its executive director, shorten or extend an instructor certification period
				for up to eighteen (18) months when adding to or deleting from the instructor's
				areas of certification.
Indiana Administrative Code › Title 250 - LAW ENFORCEMENT TRAINING BOARD › Article 2 - GENERAL PROVISIONS › Rule 11 - Indiana Law Enforcement Academy Police Officers › Section 11-1 - Police functions and restrictions

Current through July 10, 2024
Authority: IC
				  5-2-1-9
Affected: IC
				  5-2-1-9; IC
				  5-2-1-11
Sec. 1.
As a criminal justice agency of the state, with all the
				  duties and privileges of a police agency, the law enforcement training board
				  establishes the following to govern its police functions:
(1) Police powers shall be granted for the
				following reasons:
(A) Attendance of special
				academies or schools accepting only sworn police officers.
(B) Field assignment to an outside police
				agency for purposes of evaluation, research, or consultation in which police
				officer/violator contact is a practical possibility.
(C) Peacekeeping, investigations, and
				security on property owned or operated by the board.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 1.
The definitions in this rule apply throughout this article.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 1 - Definitions › Section 1-2 - "Breath test instrument" defined

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 2.
"Breath test instrument" means equipment selected by the department for performing evidentiary breath tests for alcohol.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 1 - Definitions › Section 1-3 - "Department" defined

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 10-20-2-1
Sec. 3.
"Department" means the state department of toxicology established by IC 10-20-2-1.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 1 - Definitions › Section 1-4 - "Director" defined

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 10-20-2-2
Sec. 4.
"Director" means the director of the department.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 1 - Definitions › Section 1-5 - "Law enforcement agency" defined

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 5.
"Law enforcement agency" means an agency or department with authority to apprehend criminal offenders.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 1 - Definitions › Section 1-6 - "Reference material" defined

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 6.
"Reference material" means a traceable material or substance having known properties.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 2 - Selection, Training, and Certification of Breath Test Operators › Section 2-1 - Selection

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 1.
Only a person employed by a law enforcement agency may be certified as a breath test operator.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 2 - Selection, Training, and Certification of Breath Test Operators › Section 2-2 - Training

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 10-20-2-5
Sec. 2.
(a) The breath test operator training course for certification shall consist of training in the following:
(1) The pharmacology and toxicology of alcohol.
(2) The legal aspects of breath testing for alcohol.
(3) The theory, operation, and care of breath test equipment.
(4) The use of a breath test instrument using reference materials.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 2 - Selection, Training, and Certification of Breath Test Operators › Section 2-3 - Certification and recertification of breath test operators

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 3.
(a) A person who:
(1) is employed by a law enforcement agency; and
(2) successfully completes the breath test operator training course; will be certified as a breath test operator.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 2 - Selection, Training, and Certification of Breath Test Operators › Section 2-4 - Authorization of certified breath test operators

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 4.
Certified and recertified breath test operators are authorized to:
(1) administer breath tests; and
(2) make replacements and adjustments to breath test instruments excluding instrument calibration adjustments.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 2 - Selection, Training, and Certification of Breath Test Operators › Section 2-5 - Breath test operators certified or recertified under repealed rule

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 5.
The certifications of breath test operators who were certified or recertified under 260 IAC 2-2 before its repeal shall be valid until the date they would have expired under 260 IAC 2-2 before its repeal.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 3 - Selection, Inspection, and Certification of Breath Test Instruments and Chemicals › Section 3-1 - Selection of breath test equipment

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 1.
(a) The department shall select breath test equipment for use for evidentiary breath testing to ensure the accurate analysis of breath specimens for the determination of breath alcohol concentrations. The department shall select breath test equipment that meets the following criteria:
(1) The equipment shall analyze breath samples and report a numerical value expressed as grams of alcohol per two hundred ten (210) liters of breath.
(2) The equipment shall be:
(A) capable of calibration for the purpose of certification with a reference material in accord with section 2 of this rule;
(B) able to analyze a reference material within the limits specified by section 2 of this rule separate from calibration for certification; and
(C) equipped with sufficient features to prevent unauthorized alteration, tampering, or manipulation to safeguard the breath sampling process and alcohol concentration analysis.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 3 - Selection, Inspection, and Certification of Breath Test Instruments and Chemicals › Section 3-2 - Inspection of breath test instruments

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 2.
(a) A person authorized by the department shall inspect each breath test instrument deployed for evidentiary use at the instrument's established location at least once every one hundred eighty (180) days. If the location of a breath test instrument is changed, the instrument must be inspected and certified under this rule prior to use for evidentiary testing.
(b) The inspection shall include at least one (1) test demonstrating that the breath test instrument:
(1) is in good operating condition; and
(2) satisfies the accuracy requirements in subsection (e).
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 3 - Selection, Inspection, and Certification of Breath Test Instruments and Chemicals › Section 3-3 - Certification of breath test instruments

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 3.
(a) The department shall certify each breath test instrument deployed for evidentiary use as to compliance with the standards in section 2 of this rule at least once every one hundred eighty (180) days.
(b) The certification of breath test instruments shall be in writing by the department.
(c) The certification shall be based on information provided by persons authorized by the department to inspect breath test instruments.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 3 - Selection, Inspection, and Certification of Breath Test Instruments and Chemicals › Section 3-4 - Breath test instruments certified under repealed rule

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 4.
The certifications of breath test instruments inspected and certified under 260 IAC 2-3 before its repeal shall be valid until the date they would have expired under 260 IAC 2-3 before its repeal.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 3 - Selection, Inspection, and Certification of Breath Test Instruments and Chemicals › Section 3-5 - Selection and certification of chemicals

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 5.
Chemicals used as reference materials in the performance of evidentiary breath tests shall be certified to contain a specific concentration of ethanol with a measurement uncertainty at a stated level of confidence.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 2.5 - BREATH TEST OPERATORS AND INSTRUMENTS › Rule 4 - Approved Method for Administering Breath Tests › Section 4-1 - Approved method for Intox EC/IR II breath analysis

Current through July 10, 2024
Authority: IC 9-30-6-5
Affected: IC 9-30-6-5
Sec. 1.
(a) The approved method that shall be followed in making an analysis of breath for alcohol using the Intox EC/IR II breath test instrument is as follows:
(1) The person to be tested must:
(A) have had nothing to eat or drink;
(B) not have put any foreign substance into his or her mouth or respiratory tract; and
(C) not smoke; within fifteen (15) minutes before the time the first breath sample is taken or at any time from the taking of the first breath sample until after the taking of the final breath sample.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-30-8-3
Sec. 1.
The definitions in this rule apply throughout this
				  article.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-2 - "Department" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  10-20-2-1
Sec. 2.
"Department" means the state department of toxicology
				  established by IC
				  10-20-2-1.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-3 - "Director" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  10-20-2-2
Sec. 3.
"Director" means the director ofthe
				  department.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-4 - "Fail point" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 4.
"Fail point" means an alcohol concentration of at least
				  two-hundredths (0.02) gram per one hundred (100) milliliters of blood or two
				  hundred ten (210) liters of breath or a higher alcohol concentration prescribed
				  by the originating court.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-5 - "Lockout" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 5.
"Lockout" means a period of time when the ignition interlock
				  device does not allow a breath sample to be analyzed or a vehicle's engine to
				  be started.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-6 - "Material modification" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 6.
"Material modification" means an addition or reduction in
				  features, software version change, configuration profile change, or alteration
				  in the components, design, or installation or operating instructions of a
				  certified ignition interlock device model.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-7 - "Originating court" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 7.
"Originating court" means the court that has required the
				  use of an ignition interlock device by a particular person or that has
				  responsibility for the pretrial or post-conviction supervision of a restricted
				  operator.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-8 - "Provider" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 8.
"Provider" means a producer, vendor, distributor, or
				  supplier of an ignition interlock device.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-9 - "Random retest" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 9.
"Random retest" means a breath test required at randomly
				  variable intervals from the operator of a vehicle equipped with an ignition
				  interlock device to ensure that the operator's alcohol concentration remains
				  below the fail point after vehicle start-up.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-10 - "Restricted operator" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 10.
"Restricted operator" means a person whose driving
				  privileges are restricted to operating only motor vehicles equipped with a
				  functioning certified ignition interlock device.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-11 - "Service" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 11.
"Service" means to calibrate, maintain, download data from,
				  inspect for evidence of tampering or circumvention, and report information to
				  the appropriate authorities.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-12 - "Vendor" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 12.
"Vendor" means a producer, provider, distributor, or
				  supplier of an ignition interlock device.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 1 - Definitions › Section 1-13 - "Violation reset" defined

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 13.
"Violation reset" means activation of a requirement for
				  service of an ignition interlock device.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 2 - Standards and Specifications for Certified Ignition Interlock Device Models › Section 2-1 - Standards and specifications

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 1.
In order to be certified, an ignition interlock device model
				  must meet or exceed the following standards:
(1) The Model Specifications for Breath
				Alcohol Ignition Interlock Devices in section III, beginning on page 26862,
				published by the National Highway Traffic Safety Administration in the Federal
				Register, Volume 7 8, Number 089, on May 8, 2013, on pages 26849-26867*,
				including:
(A) the General Provisions and
				Features of Breath Alcohol Ignition Interlock Devices; and
(B) the Performance Requirements in the
				Conformance Tests 1 through 16 when performed under the General Test
				Conditions.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 3 - Certification of Ignition Interlock Device Models › Section 3-1 - Application for certification

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 1.
(a) To apply
				for certification of an ignition interlock device model, a vendor or provider
				must submit the following to the department:
(1) A completed application on the form
				provided by the department, which must include:
(A) the vendor or provider's name, address,
				telephone number, and e-mail address;
(B) the name, telephone number, and e-mail
				address of a contact person authorized to represent the vendor or
				provider;
(C) the name and number
				of the ignition interlock device model for which certification is sought;
				and
(D) a list of other states in
				which the same ignition interlock device model has been approved for
				use.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 3 - Certification of Ignition Interlock Device Models › Section 3-2 - Certification term and renewal

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 2.
(a) A
				certification of an ignition interlock device model shall be effective on the
				date of issuance or renewal and shall be valid for three (3) years unless it is
				surrendered, suspended, or revoked prior to expiration.
(b) To apply for renewal of a certification
				of an ignition interlock device model, the vendor or provider must submit to
				the department the documents listed in section 1(a) of this rule. The
				application for renewal may not be submitted to the department earlier than
				ninety (90) days prior to the expiration of the certification for which renewal
				is sought or later than thirty (30) days prior to the expiration of the
				certification for which renewal is sought.
(c) After receipt of the information required
				in subsection (b), the department shall determine whether testing is required
				to determine that the ignition interlock device model meets the standards and
				specifications in this article. If the department determines that testing is
				required, the department shall send the vendor or provider written instructions
				for submission of two (2) samples ofthe ignition interlock device model to a
				testing laboratory selected by the department for performance of the required
				tests. The vendor or provider must pay the testing laboratory selected by the
				department for the required testing of the two (2) samples of the ignition
				interlock device model.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 3 - Certification of Ignition Interlock Device Models › Section 3-3 - Modification of a certified ignition interlock device model

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 3.
(a) During
				the certification period of a certified ignition interlock device model, the
				vendor or provider of the device must provide written notice to the department
				of a material modification of the certified ignition interlock device model
				prior to implementation of the material modification in the state of
				Indiana.
(b) After receipt of the
				information required in subsection (a), the department shall determine whether
				testing is required to determine that the modified ignition interlock device
				model meets the standards and specifications in this article. If the department
				determines that testing is required, the department shall send the vendor or
				provider written instructions for submission of two (2) samples of the modified
				ignition interlock device model to a testing laboratory selected by the
				department for performance of the required tests. The vendor or provider must
				pay the testing laboratory selected by the department for the required testing
				of the two (2) samples of the modified ignition interlock device
				model.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 3 - Certification of Ignition Interlock Device Models › Section 3-4 - Denial, revocation, or suspension of certification

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  9-13-2-76; IC 9-30
Sec. 4.
(a) The
				certification of an ignition interlock device model shall be subject to review
				by the department during the course of the certification period.
(b) The director may deny a certification or
				renewal of a certification of an ignition interlock device model and may
				suspend or revoke a certification of an ignition interlock device model upon
				receiving evidence that the ignition interlock device model does not comply
				with a requirement of this article.
Indiana Administrative Code › Title 260 - STATE DEPARTMENT OF TOXICOLOGY › Article 3 - IGNITION INTERLOCK DEVICES › Rule 3 - Certification of Ignition Interlock Device Models › Section 3-5 - Administrative adjudication

Current through July 10, 2024
Authority: IC
				  9-30-8-3
Affected: IC
				  4-21.5-3-5; IC
				  4-21.5-3-7
Sec. 5.
(a) An order:
(1) granting or denying a certification of an
				ignition interlock device model;
(2) granting or denying renewal of a
				certification of an ignition interlock device model; or
(3) requiring testing prior to implementation
				of a material modification of a certified ignition interlock device model;
				shall be issued by the director following the requirements of IC
				4-21.5-3-5.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 1 - Public Assistance Grants Eligibility; Application Procedures › Section 1-0.5 - Purpose

Current through July 10, 2024
Authority: IC
				  10-14-4
Affected: IC
				  10-14-4
Sec. 0.5.
The state disaster relief fund is established to:
(1) provide financial assistance to eligible
				entities for the costs of repairing, replacing, or restoring public facilities
				or individual residential real or personal property damaged or destroyed by a
				disaster; and
(2) assist eligible
				entities in paying for the response costs incurred by an eligible entity during
				a disaster.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 1 - Public Assistance Grants Eligibility; Application Procedures › Section 1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-3-1; IC
				  10-14-3-17; IC
				  10-14-4; IC
				  10-19-2-1; IC
				  10-19-3-1
Sec. 1.
(a) The
				definitions in this section apply throughout this rule.
(b) "Active disaster" means any damaging
				event currently under consideration by the department for funding under the
				state disaster relief fund.
(c)
				"Applicant" means any:
(1) county;
(2) city;
(3) town; or
(4) township; whose executive submits an
				application for a grant under IC
				10-14-4.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 1 - Public Assistance Grants Eligibility; Application Procedures › Section 1-2 - Application procedures

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  10-14-4
Sec. 2.
(a) Eligible
				local government applicants suffering disaster damages shall apply for a state
				disaster relief fund public assistance grant as follows:
(1) Meet the eligibility requirements as set
				forth in section 3 of this rule.
(2) Complete the state disaster relief fund
				grant application form provided by the department including the following
				information:
(A) The name and title of the
				person who will act as the applicant's agent.
(B) A description of the damages and
				verifiable repair costs by category, as set forth in section 5 of this
				rule.
(C) The physical address of
				the applicant.
(D) The mailing
				address of the applicant.
(E) The
				office phone number of the applicant.
(F) The amount and scope of insurance
				coverage held by the applicant.
(G)
				Identify any costs of services or refunds, or both, that were or will be
				provided at no cost or recouped, such as expected or actual insurance
				settlements and donations of services or materials, or both.
(H) A signed statement by the applicant's
				executive that the damaged public facility is the responsibility of the
				applicant.
(I) Other information as
				required by the department to make eligibility and award
				determinations.
(3)
				Submit the application to the department within ninety (90) days following the
				governor's declaration of the state of disaster emergency.
Indiana Administrative Code › Title 290 - DEPARTMENT OF HOMELAND SECURITY › Article 1 - STATE DISASTER RELIEF FUND › Rule 1 - Public Assistance Grants Eligibility; Application Procedures › Section 1-2.5 - Grant award

Current through July 10, 2024
Authority: IC
				  10-14-4-11
Affected: IC
				  4-21.5-3-5; IC
				  4-21.5-3-7; IC
				  10-14-4-7; IC
				  10-14-4-8
Sec. 2.5.
(a)
				Applications will be reviewed and acted upon by the department. The decision to
				grant or deny, in whole or part, the application for a state disaster relief
				fund public assistance grant shall not be made until it is determined whether
				the applicant will be eligible to receive federal public assistance disaster
				funds.
(b) The decision granting or
				denying, in whole or in part, the application for a state disaster relief fund
				public assistance grant shall be issued by the department in accordance with
				the requirements of IC
				4-21.5-3-5. If a petition for
				review is subsequently granted under IC
				4-21.5-3-7, the department shall
				conduct the resulting administrative proceeding.
(c) State disaster relief fund public
				assistance grants will be made in the following manner:
(1) After all applications have been received
				for a specific disaster, the department will determine the amount of public
				assistance state disaster relief funds available to provide grants for the
				disaster. The amount shall not exceed forty percent (40%) of the total amount
				in the state disaster relief fund as of the date of the governor's disaster
				declaration. If there is more than one (1) active disaster, the department may
				apportion the available public assistance state disaster relief funds among the
				active disasters.
(2) The grant
				amount to each applicant shall also not exceed the amount determined using the
				formula specified in IC
				10-14-4-7 or IC
				10-14-4-8, whichever is
				applicable. If the total of all of these grants would exceed the amount of
				public assistance disaster relief funds allocated for the specific disaster,
				each grant shall be reduced by an equal percentage so that the total of all the
				grants equals the amount of public assistance state disaster relief funds
				allocated to provide grants for the specific disaster.