Mich. Admin. Code R. 325.2658 - Operator training and certification

Rule 8.

(1) The department shall train and certify personnel of law enforcement agencies to perform various functions as described in this rule, and designate those individuals as class I, class II, class III class IVA, or class IVB operators. An operator may hold multiple and concurrent classifications. To maintain a class III certification, each class III operator certified after January 1, 2022 is required to re-certify every 2 years. Class III operators certified before January 1, 2022 are required to recertify before December 31, 2023, and every 2 years after that. Any class III operator who fails to recertify before the current certification expires is required to attend and successfully complete the class III operator training as detailed in R 325.2658(2)(c). An operator whose certification has lapsed can testify about incidents that occurred during their valid certification period.

(2) The minimum training requirements and proficiency standards for operator certification are as follows:

(a) A class I operator shall complete a class I training course approved by the department, and obtain a minimum score of 70% on a written examination administered by the department. An individual that fails the examination is provided an opportunity to retake the written examination. An individual that fails the second attempt to pass the written examination shall retake the class I training course and successfully pass the examination to qualify for the class I certification.

(b) A class II operator shall complete a class II training course approved by the department, and obtain a minimum score of 70% on a written examination administered by the department. An individual that fails the examination is provided an opportunity to retake the written examination. An individual that fails the second attempt to pass the written examination shall retake the class I training course and successfully pass the examination to qualify for the class II certification.

(c) A class III operator shall be currently certified as a class II operator, complete a class III training course approved by the department, obtain a minimum score of 70% on a written examination administered by the department, and demonstrate proficiency in the use of an evidential breath testing instrument. An individual that fails the examination or fails to demonstrate the required proficiency is provided an opportunity to retake the written examination or demonstrate the required proficiency. An individual that fails the second attempt to pass the written examination or fails to demonstrate the required proficiency shall retake the class III training course and successfully pass the written examination and demonstrate the required proficiency to qualify for the class III certification.

(d) A class IVA operator shall be currently certified as a class III operator and complete a class IVA training course approved by the department.

(e) A class IVB operator shall be currently certified as a class IVA operator. Before class IVB certification, the class IVB operator shall receive additional training in the repair and service of evidential breath instruments from the manufacturer of the instruments or by a current class IVB operator, if the manufacturer is unavailable for training.

(3) The department shall develop and distribute to each certified operator a training manual for each of the operator's classifications. Training manuals must specify the functions performed by each class pursuant to this rule, as well as the knowledge and skills necessary to perform the appropriate functions.

(4) The primary functions of each class are described in Table 3. Additional functions not described in Table 3 may be designated by the department and described and explained in the appropriate training manual.

(5) An individual that meets the training requirements and proficiency standards for operator certification in accordance with this rule is issued a certificate for the appropriate class by the department. The certificate must remain the property of the department.

(6) A class I, class II, class III, class IVA, and class IVB operator shall comply with all applicable department rules, policies, and procedures or the department may suspend his or her operator certification. An individual may request for reinstatement of operator certification to the department in writing and, after approval, the department may require the individual to complete an operator training class, pass a written examination, demonstrate required proficiency, or any combination thereof.

(7) The requirements for each class of operators are included in Table 3 as follows:

Table 3

	Class I	Class II	Class III	Class IVA	Class IVB
Administer preliminary breath alcohol analyses using preliminary breath alcohol test instruments approved for use by the department.	X	X	X	X	X
Calibrate preliminary breath alcohol test instruments approved for use by the department.		X	X	X	X
Administer evidential breath alcohol analyses using an evidential breath instrument approved by the department.			X	X	X
Record weekly verification for approved evidential breath test instruments that do not examine a known standard with each subject test.			X	X	X
Train and certify all lower-level class operators.				X	X
Calibrate and service an evidential breath testing instrument approved for use by the department.					X

Notes

Mich. Admin. Code R. 325.2658

1979 AC; 1984 AACS; 1992 AACS; 1994 AACS; 2007 AACS; 2018 AACS; 2023 MR 10, 5/22/2023