Haw. Code R. § 11-114-10 - Operators
(a) Operators of breath alcohol testing
instruments shall be responsible for performing breath alcohol tests pursuant
to section
11-114-6 and record keeping pursuant to section
11-114-12(b)
(1).
(b) No person shall serve as
an operator unless the person has a valid supervisor's license pursuant to
section
11-114-9(b),
or has a valid operator's license issued by the chief of police.
(c) An operator may only practice in the
jurisdiction designated on the license.
(d) An operator's license shall be effective
for three years from the date of issuance unless revoked by the chief of
police.
(e) Training programs for
operators shall:
(1) Be conducted by the
chief of police, the chief's representative(s) or, with the chief's approval,
by a representative(s) of the manufacturer of the breath alcohol testing
instrument;
(2) Consist of a
minimum of four hours; and
(3) Be
approved in writing by the DUI coordinator except as provided in subsection
(h)(1).
(f) Operators
may be licensed on additional breath alcohol testing instruments upon
completion of training approved in writing by the DUI coordinator.
(g) A member of a law enforcement agency in
the State may qualify for an operator's license by meeting one of the following
requirements:
(1) Having successfully
completed training as specified in subsection (e);
(2) Having at least one year's experience in
the operation of the approved breath alcohol testing instrument; or
(3) Exhibiting through examination or
demonstration or both to the chief of police sufficient skill in the operation
and interpretation of results of the approved testing instrument.
(h) Prior approvals:
(1) Operator training programs approved by
the director of health as of the effective date of this chapter shall continue
to be approved and remain in effect unless superseded or revoked by the
director of health in writing.
(2)
Persons who have been approved by the chief of police as operators as of the
effective date of this chapter shall be licensed by the chief of police and
shall continue to be licensed as breath alcohol testing operators upon renewal
or until the expiration or revocation of the license.
Notes
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