Mo. Code Regs. Ann. tit. 19, § 25-30.041
Type III Permit
Effective Jan 30, 1999sections 192.005.2, 577.023, 577.026, 577.029, 577.031, 577.033 and 577.039, RSMo 1994, 192.006, 577.020, 577.037, 577.039 and 577.041, RSMo Supp. 1997.* This rule previously filed as 19 CSR 20-30.041. Original rule filed July 15, 1988, effective Sept. 29, 1988. Amended: Filed March 15, 1996, effective Aug. 30, 1996. Changed to 19 CSR 25-30.041 Jan. 1, 1995. Emergency amendment filed June 19, 1998, effective July 1, 1998, expired Feb. 25, 1999. Amended: Filed June 19, 1998, effective Jan. 30, 1999. *Original authority: 192.005.2, RSMo 1985, amended 1993; 192.006, RSMo 1993, amended 1995; 577.020, RSMo 1977, amended 1982, 1983, 1996; 577.023, RSMo 1982, amended 1983, 1991, 1993; 577.026, 577.029, 577.031 and 577.033, RSMo 1982, 1996; 577.037, RSMo 1982, amended 1983, 1988, 1993; 577.039, RSMo 1982, amended 1996; and 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996Missouri State Public Health Laboratory
PURPOSE: This rule establishes the qualifications, duties and responsibilities of a Type III permittee.
- (1) A Type III permit authorizes an individual to operate breath analyzers.
- (2) An applicant for a Type III permit shall not be less than twenty-one (21) years of age. The applicant shall have successfully completed a training course approved by the department for operation of breath analyzers or shall offer proof of equivalent qualifications to the satisfaction of the department.
- (3) To renew a Type III permit, the applicant shall have performed at least ten (10) tests on drinking subjects in the past year on each instrument for which renewal is requested. If this condition is not met or the permit has expired for more than thirty (30) days, the applicant shall complete a two (2)-hour refresher training course under the supervision of an individual with a valid Type II permit. The refresher training course shall include the performance of the five (5) subject tests for each breath analyzer for which renewal is requested. Copies of the completed operational checklists and printout for the subject tests shall accompany the renewal application.
- (4) Type III permits issued before September 29, 1988, shall be considered valid under the conditions of this rule.
AUTHORITY: sections 192.005.2, 577.023, 577.026, 577.029, 577.031, 577.033 and 577.039, RSMo 1994, 192.006, 577.020, 577.037, 577.039 and 577.041, RSMo Supp. 1997.* This rule previously filed as 19 CSR 20-30.041. Original rule filed July 15, 1988, effective Sept. 29, 1988. Amended: Filed March 15, 1996, effective Aug. 30, 1996. Changed to 19 CSR 25-30.041 Jan. 1, 1995. Emergency amendment filed June 19, 1998, effective July 1, 1998, expired Feb. 25, 1999. Amended: Filed June 19, 1998, effective Jan. 30, 1999. *Original authority: 192.005.2, RSMo 1985, amended 1993; 192.006, RSMo 1993, amended 1995; 577.020, RSMo 1977, amended 1982, 1983, 1996; 577.023, RSMo 1982, amended 1983, 1991, 1993; 577.026, 577.029, 577.031 and 577.033, RSMo 1982, 1996; 577.037, RSMo 1982, amended 1983, 1988, 1993; 577.039, RSMo 1982, amended 1996; and 577.041, RSMo 1982, amended 1987, 1991, 1993, 1996. Stuart v. Director of Revenue, 761 SW2d 234 (Mo. App. 1988). A Type II permittee is qualified to testify as an expert on technical matters and permissible temperature tolerances. Miller v. Director of Revenue, 719 SW2d 787 (Mo. banc 1986); Elkins v. Director of Revenue, 728 SW2d 567 (Mo. App. 1987). Possession of a permit is a matter within the personal knowledge of the permittee. Testimony by a permittee is sufficient to prove the permittee’s qualifications to administer the tests. and Determination for the Presence of Drugs in Blood and Urine 19 CSR 25-30 and Determination for the Presence of Drugs in Blood and Urine