La. Admin. Code tit. 55 § I-507

Current through Register Vol. 50, No. 9, September 20, 2024

Section I-507 - Qualification of Individuals for Instrument Maintenance and Inspection

A. Qualification of individuals to perform maintenance and inspection on the approved instrument shall be as follows:

1. employee of the Office of State Police, Applied Technology Unit in the capacity of applied technology director, breath analysis supervisor, breath analysis instructor specialist, applied technology specialist, or breath analysis specialist. In order to be employed in the capacity of applied technology director, breath analysis supervisor, breath analysis instructor specialist, applied technology specialist, or breath analysis specialist, the employee must have met all of the requirements as stated by the Department of Civil Service pertaining to the classification of applied technology director, breath analysis supervisor, breath analysis instructor specialist or applied technology specialist;

2. graduation from a state-accredited high school or the satisfactory passing of the General Education Development (GED) test or an equivalent educational background;

3. successful completion of a 16-hour operator's training course;

4. successful completion of a course on maintenance conducted by the manufacturer of the approved instrument used in blood/breath alcohol testing whereby the individual has received a satisfactory certificate stating such;

5. complete six months on-the-job training whereby the individual shall undergo instructions on the following, but not limited to:

a. calibration of the instrument;

b. checking calibration of the instrument;

c. trouble-shooting of the instrument;

d. performance of preventive and regular maintenance;

e. preparation and use of any wet bath simulator and solutions used in the calibration and calibration check;

f. inspection of the instrument received from the manufacturer to insure proper assembly calibration and the overall proper functioning of the instrument.

B. After the individual has completed on-the-job training and qualified on the above specification, then and only then may he be certified to perform maintenance and inspection on the approved blood/breath alcohol testing instrument. The individual will then be certified by the Louisiana Department of Public Safety and Corrections and issued a permit stating such. This permit shall then be prima facie evidence of the individual's qualification to perform such maintenance.

C. The maintenance and/or repair work shall be performed by applied technology director, breath analysis supervisor, or breath analysis specialist, breath analysis instructor specialist, or applied technology specialist of the Applied Technology Unit, who are certified by the Louisiana Department of Public Safety and Corrections to perform such. The instrument recertification form that is filed with the clerks of the respective courts every four months for the Intoxilyzer 5000 and every six months for the Intoxilyzer 9000, shall also have the inspecting applied technology director, breath analysis supervisor, or breath analysis specialist, breath analysis instructor specialist, or applied technology specialist permit number affixed to this certificate. This permit number shall be proof as to the certification of the inspecting applied technology director, breath analysis supervisor, or breath analysis specialist, breath analysis instructor specialist or applied technology specialist by the Louisiana Department or Public Safety and Corrections.

D. The procedure used by applied technology director, breath analysis supervisor, or breath analysis specialist, breath analysis instructor specialist, or applied technology specialist in the inspections of the instrument at least every four months for the Intoxilyzer 5000 and at least every six months for the Intoxilyzer 9000, for the checking of the calibration shall be as follows.

1. A Model Mark II-A wet bath breath alcohol simulator manufactured by Smith and Wesson, Model34C, and Model 10-4 manufactured by Guth Manufacturing Company, will be used or any other wet bath simulator approved by the United States Department of Transportation.

2. Use of this simulator and preparation of the contents shall be performed according to the instructions as per the manufacturer of the simulator's operating manual.

3. Solutions used in the simulators may also be produced by using a certified stock solution.

4. Once the simulator is made the known alcohol value may be determined by the use of a gas chromatograph or any other approved instrument and this will be the "known alcohol value." Calibration check of the instrument shall be within plus or minus 0.010 grams percent of the established "known alcohol value".

5. After the inspections are made by the applied technology director, breath analysis supervisor, or breath analysis specialist, breath analysis instructor specialist, or applied technology specialist, and all items are performed according to the maintenance section as listed under the instrument, the inspecting applied technology director, breath analysis supervisor, or breath analysis specialist, breath analysis instructor specialist or applied technology specialist will then certify that the instrument was in proper working order.

6. Records, or a copy covering maintenance, etc., on the instrument will be kept by the applied technology unit.

E. Personnel of the applied technology unit shall have the authority to instruct individuals as breath/alcohol testing field supervisors. These individuals will be able to perform minor service, repair and transport the instrument to various locations, run known alcohol solutions, testify in court, monitor the chemical testing program on a local level and confer with the Applied Technology Unit on any related matters pertaining to chemical testing. These individuals will have attended an additional training course whereby they have undergone instructions to perform their outlined duties. These individuals' permits shall state their authority to conduct such duties.

La. Admin. Code tit. 55, § I-507

Promulgated by the Department of Public Safety, Office of State Police, LR 4:390 (October 1978), amended LR 6:662 (November 1980), amended by the Department of Public Safety and Corrections, Office of State Police, LR 11:257 (March 1985), LR 14:362 (June 1988), repromulgated LR 14:442 (July 1988), amended LR 17:673 (July 1991), repromulgated LR 17:796 (August 1991), amended LR 27:1930 (November 2001), amended LR 27:1930 (November 2001), amended by the Department of Public Safety and Corrections, Office of State Police, Applied Technology Unit, LR 38:1993 (August 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 32:663.