(a) Requirement for certification.

1. (1) Every individual, installation, or instrument not exempted or excluded by this part and involved in performing alcohol analysis in accordance with this part is to have a valid certificate as prescribed herein.
2. (2) For exemptions and exclusions, see 5 CAR § 20-202.

(b) Certification implications.

1. (1) Certification shall not imply approval of anything carried out by an installation or individual other than what is specified on the certificate.
2. (2) Certification of an individual to operate a particular approved testing device authorizes that individual to perform tests on any unit of that type if the owner of the unit has no objection.

(c) Installation certification.

1. (1) To qualify for certification, an installation must meet the set of conditions in subdivision of this section (c)(2) or subdivision (c)(3) of this section.

2. (2) Local installation.

   1. (A)

(i) Employ at least one (1) senior operator for each different model of instrument to be certified.

1. (ii) However, one (1) person may serve as senior operator on more than one (1) instrument at any one (1) installation.

   1. (B) Own, lease, or otherwise be in control of an approved alcohol-testing device and the required related accessories.
   2. (C) Pass on-site inspections by the Office of Alcohol Testing, 5 CAR § 20-204.
   3. (D) Show the ability and willingness to meet the requirements set forth in this part.

2. (3) State-level installation.

   1. (A) Be a state-level or other major subdivision of government that has an inadequate number of facilities, or no facilities of its own, appropriate for the installation of breath-testing equipment.
   2. (B) Have access to many certified instruments at various agencies.
   3. (C) Have an established internal line of communication and records control which distributes the office-issued documents and other communications to all certified employees of that agency in a timely and accurate manner.

   4. (D) Local installations within the organizational structure of a state-level installation must comply with subdivision (c)(2) of this section.

      1. (d) Senior operator certification. To qualify as a senior operator of a specific testing device and maintain that certification, an individual must meet the following requirements:
3. (1) Successfully complete training approved by the office as described in 5 CAR § 20-301(c) on the operation of the testing device to be used;

4. (2)

   1. (A) Apply through the appropriate agency for certification to the office.
   2. (B) When the individual changes places of employment, a new application must be submitted through the new agency;
5. (3) Be able to exhibit, through examination and demonstration to the office, sufficient skill in the operation of the testing device and related accessories used;
6. (4) Demonstrate the ability and willingness to adhere to the provisions of this part which may include running a reasonable number of tests on the testing device; and
7. (5) Successfully complete any additional training or evaluation as required by the office.

(e) Operator certification. To qualify as an operator of a specific testing device and maintain that certification, an individual must meet the following requirements:

1. (1) Successfully complete the training approved by the office as described in 5 CAR § 20-301(d);

2. (2)

   1. (A) Apply through the appropriate agency for certification to the office;
   2. (B) When the individual changes places of employment, a new application must be submitted through the new agency;
3. (3) Be evaluated by the office as required and demonstrate sufficient skills in the operation of the testing device used;
4. (4) Demonstrate the ability and willingness to adhere to the provisions of this part which may include running a reasonable number of tests on the testing device; and
5. (5) Successfully complete any additional training or evaluation as required by the office.

(f) Instrument certification.

1. (1) Each type A1 and A2 testing device is to be tested by the office for the purpose of certifying its accuracy.
2. (2) Any test on such device for which a valid, current certificate cannot be produced will be considered invalid.
3. (3) Certificates are subject to recall by the office since they are issued for a period of three (3) months in advance.