Section 260IAC2-2-3. Certification and recertification of breath test operators

   (a) Those persons who:

(1) are employed by a law enforcement agency; and

(2) successfully complete the breath test operator training course;

will be certified as breath test operators.

  (b) Any person certified as a breath test operator must be recertified by examination at least every two (2) years from the month of certification or recertification. Reasonable deviations from this schedule may be approved by the director.

  (c) The recertification procedure shall be established by the department.

  (d) Any person seeking recertification as a breath test operator must demonstrate competence in the performance of evidentiary breath tests by passing an examination approved by the department.

  (e) Any person who fails the recertification examination may be given a second recertification examination, provided that the previous certification has not been expired for more than thirty (30) days. During the time period between the first and second recertification examinations, the person is not certified as a breath test operator.

  (f) The department shall issue identification cards to all certified and recertified breath test operators, which shall be valid for a period of two (2) years from the month of certification or recertification.

  (g) Nothing in this rule shall prevent the director from suspending or revoking the certification of any breath test operator at any time the director determines such suspension or revocation to be in the best interest of the breath test for ethanol program. (State Department of Toxicology; 260 IAC 2-2-3; filed Jan 9, 2014, 9:29 a.m.: 20140205-IR-260130344FRA)