- (a) Access to premises. The Office of Alcohol Testing or its authorized representative shall have, for reasonable cause, the authority to enter, at all reasonable times, upon any private or public property for the purpose of determining whether or not there is compliance with the provisions of this part, except that entry into areas under the jurisdiction of the federal government shall be effected only with the concurrence of the federal government or its authorized representative.
(b) Tests and evaluations.
- (1) Each applicant for certification or certified individual shall perform such reasonable tests as the office deems necessary in administration of this part.
(2) These may include, but are not limited to, tests to evaluate the following:
- (A) Instruments and related devices used in accordance with this part;
- (B) Facilities where testing devices are used; and
- (C) Personnel training levels and competence.
(c) Responsibilities of installations.
(1) Installations certified under 5 CAR § 20-201(c)(2) shall assign a senior operator to be responsible for:
- (A) Record keeping; and
- (B) Ensuring that the installation adheres to this part as determined by the office.
(2)
- (A) Installations certified under 5 CAR § 20-201(d) shall provide a contact person at the state level for:
(i) Receiving and distributing office documents and communications; and
(ii) Forwarding or distributing them appropriately.
(B) This person shall maintain accurate records of personnel of that agency certified by the office and shall communicate with the office as necessary concerning them.
- (d) Suspension or revocation. The office may at its discretion revoke, suspend, or modify the certificate of any individual, instrument, or installation if any one (1) or more of the following conditions exist:
- (1) Certification was obtained falsely or deceitfully;
- (2) Conditions are revealed through any report, record, or other means which would cause the office to refuse certification on an original application;
- (3) There is found to be violation of or failure to observe any of the terms and conditions of the certificate, or any applicable rules, policies and procedures, or order of the office;
- (4) There is a failure to meet the standard of accuracy; or
- (5) A request for termination of certification is submitted by the certificate holder to the office.
(e) Reinstatement of certification.
- (1) In the event a certified individual changes their place of employment, the individual's certification is no longer valid until application for certification at the new place of employment is received and approved by the office.
- (2) In the event certification is revoked, it may be reinstated by the submission of a new application and compliance with the original requirements for certification.
- (3) If an individual has not been certified by the office for one (1) year, then they will have to go back through the appropriate class to be recertified.