Montana Administrative Code

23.3.992 IMPOSITION OF ADMINISTRATIVE FEE FOR ALCOHOL OR DRUG TEST REFUSAL (1) Upon notification of a driver's refusal to submit to one or more alcohol or drug tests, the department shall impose an administrative fee. (2) The administrative fee for each refusal is in addition to …

23.3.993 PAYMENT (1) A driver shall be otherwise eligible and pay the administrative fees owed before the department may reinstate a driver's license or privilege to drive. Authorizing statute(s): 61-8-1019, MCA Implementing statute(s): 61-8-1019, MCA History: NEW, 2018 MAR p. 16…

23.3.994 FEES DEPOSITED IN STATE SPECIAL REVENUE FUND (1) All funds collected for the administrative fee shall be deposited in the blood-draw search warrant processing account in the state special revenue fund and shall be used to provide forensic analysis of a driver's blood to …

23.4.101 CERTIFICATION OF PERSONS AND/OR INSTALLATIONS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehic…

23.4.102 DEFINITIONS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff…

23.4.103 INITIAL CERTIFICATION REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR. p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p…

23.4.104 EXEMPTION OF CLINICAL AND HOSPITAL LABORATORIES REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1988 MAR p. 275, Eff. 2/12/88.

23.4.105 REQUIREMENTS FOR CERTIFICATION OF PERSONS AND/OR INSTALLATIONS NOT EXEMPT FROM CERTIFICATION REQUIREMENTS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 1…

23.4.106 TRAINING LEVELS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560,…

23.4.107 CERTIFICATION APPLICATION FORMS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1…

23.4.108 TESTS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, Eff. 10/1…

23.4.109 CERTIFICATE RECORDS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1…

23.4.110 RENEWAL OF CERTIFICATION REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR…

23.4.111 REPORT OF CHANGE OR DISCONTINUANCE REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division…

23.4.112 ACCESS TO PREMISES FOR INSPECTION REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division,…

23.4.113 SURVEYS AND PROFICIENCY TESTS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 198…

23.4.114 SUSPENSION OR REVOCATION REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR…

23.4.115 TRAINING COURSE APPROVAL REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985, MA…

23.4.116 BREATH TEST RECORDS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1…

23.4.117 BLOOD AND URINE TEST RECORDS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985…

23.4.118 REPORTING TEST RESULTS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): . 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1…

23.4.119 REQUIRED CERTIFICATION FOR BREATH ALCOHOL TESTING REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor V…

23.4.120 BIANNUAL INSPECTION REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; REP, 1987 MAR p. 16, Eff. 1/16/87.

23.4.121 OPERATOR SUPERVISOR REQUIRED REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1985 MAR p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

23.4.131 BLOOD SAMPLING REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, …

23.4.132 URINE SAMPLING REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560, …

23.4.133 BREATH SAMPLING REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 MAR p. 1560,…

23.4.134 SAMPLING OF OTHER BODILY SUBSTANCES REPEALED Authorizing statute(s): Sec. 67-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Divisio…

23.4.135 BREATH-TESTING INSTRUMENTS REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: TRANS, from Dept. of Health & Environmental Sciences, 1978 MAR p. 1622, Eff. 12/15/78; TRANS & AMD, from Motor Vehicle Division, 1985 M…

23.4.136 OPERATION OF BREATH-TESTING DEVICES REPEALED Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1985 MAR. p. 1560, Eff. 10/18/85; AMD, 1987 MAR p. 16, Eff. 1/16/87; REP, 1988 MAR p. 275, Eff. 2/12/88.

23.4.201 DEFINITIONS Unless the context requires otherwise, the following definitions apply to this subchapter: (1) "Alcohol" means an organic hydrocarbon molecule which contains a hydroxyl (oxygen, hydrogen) as its primary functional group, such compounds to include such common …

23.4.202 CERTIFICATION (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.203 EXEMPTIONS (1) The following are exempt from the certification required by this subchapter: (a) all clinical and hospital laboratories under the direct supervision of a pathologist or certified medical technologist which are either licensed by the Montana Department of H…

23.4.204 SUSPENSION OR REVOCATION OF CERTIFICATION (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.205 TYPES OF BREATH-TESTING CERTIFICATION (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.206 RECERTIFICATION OF PERSONS PERFORMING BREATH TESTING (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.207 BREATH TEST RECORDS (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.208 REPORTING BREATH TEST RESULTS (REPEALED) Authorizing statute(s): Sec. 61-8-405(6) MCA Implementing statute(s): Sec. 61-8-405(6) MCA History: NEW, 1988 MAR p. 275, Eff. 2/12/88; REP, 1991 MAR p. 1281, Eff. 7/26/91.

23.4.209 BREATH ANALYSIS INSTRUMENTS (1) All models of breath analysis instruments used to administer testing according to 61-8-1019, MCA, must be approved by the division. The models operated by certified operators and/or senior operators prior to and on the effective date of th…

23.4.210 SURVEYS AND PROFICIENCY TESTS (1) Equipment and records used by nonexempt certified persons or persons applying for certification for blood testing are subject to on-site inspections by representatives of the division. (2) The person shall accept from the division for an…

23.4.211 BLOOD AND URINE TEST RECORDS (1) All nonexempt persons performing blood and urine tests and/or analyses shall maintain the following records: (a) proof of certification; (b) records of tests performed and the results; and (c) records of maintenance of instrumentation. Au…

23.4.212 BREATH ANALYSIS INSTRUMENTATION AND ASSOCIATED EQUIPMENT (1) All manufacturers/vendors of breath analysis instruments, associated equipment, and supplies are required to submit such breath analysis instrumentation, associated equipment, or supplies to the division for fo…

23.4.213 FIELD CERTIFICATION OF BREATH ANALYSIS INSTRUMENTS AND ASSOCIATED EQUIPMENT (1) Breath analysis instruments shall be field certified for accuracy at least once every 31 days by a senior operator using an ethyl alcohol water standard or an ethyl alcohol gas standard which…

23.4.214 LABORATORY CERTIFICATION (1) All breath analysis instruments shall be returned to the division for a laboratory certification. A laboratory certification shall be considered valid for 365 days from the date of a laboratory certification. Such certification shall at a min…

23.4.215 QUALIFICATION OF BREATH ANALYSIS LOCATION (1) All locations performing breath analysis must have one or more senior operator(s) responsible for the care, maintenance, and field certification of the breath analysis instrument. The senior operator does not have to be a mem…

23.4.216 INITIAL CERTIFICATION OF BREATH-TEST SPECIALISTS (1) An individual meets the qualifications for an operator permit by: (a) attending an approved training course conducted by personnel from the division; (b) satisfactorily demonstrating knowledge of the principles of brea…

23.4.217 RENEWAL OF BREATH-TEST SPECIALIST PERMITS (1) The division will develop and provide breath-test specialist permit renewal materials to a senior operator for each department. (2) Senior operators shall provide the permit renewal materials to all breath-test specialists wi…