500 KAR 8:010. Certification of operators.

      RELATES TO: KRS 15A.070, 189A.103(3)(6)

      STATUTORY AUTHORITY: KRS 15A.160

      NECESSITY, FUNCTION, AND CONFORMITY: This administrative regulation establishes the certification of breath analysis operators as required by KRS 189A.103(3)(6).

      Section 1. (1) To become certified to operate a breath alcohol analysis instrument, the person shall successfully complete the training program of the Department of Criminal Justice Training.

      (2) Successful completion shall mean receiving a passing score on a standardized written examination as provided by the department and the satisfactory completion of a standardized practical proficiency examination administered by a certified instructor.

      (3) The examinations shall be included in a minimum of forty (40) hours of instruction which shall also include the demonstration of physiological effects of alcohol in the human body, general instrumentation theory, and operation of approved instruments which measure alcohol concentration.

      Section 2. (1) Operator certification shall be valid for a period of two (2) years from the date of issuance.

      (2) Certification shall be terminated if it is not renewed within a two (2) year period or the operator ceases to be employed by a criminal justice agency.

      (3) An operator whose certification has been revoked pursuant to this section shall be eligible for recertification pursuant to Section 4 of this administrative regulation for six (6) months following revocation.

      Section 3. The employer of a certified operator shall notify the Department of Criminal Justice Training in writing within two (2) weeks of the change in the event of change of employment to a different criminal justice agency or termination of employment with a criminal justice agency.

      Section 4. To obtain recertification, a certified operator shall review standards and procedures for a minimum of four (4) hours of recertification instruction.

      Section 5. (1) The following are grounds for revocation of certification to operate a breath analysis instrument:

      (a) Misuse of the instrument by the operator in violation of law;

      (b) Refusal or failure to perform procedures in an acceptable manner;

      (c) Failure to testify at any judicial proceeding under KRS Chapter 189A without just cause; and

      (d) Dismissal of an operator from his employment with a criminal justice agency.

      (2) Revocation will be held only following a hearing conducted by the Commissioner of the Department of Criminal Justice Training, or his designee, following written notice to the certified operator of the basis for revocation.

      Section 6. A person who has received training from the Department of Criminal Justice Training, the Department of State Police, or the Lexington-Fayette Urban County Government Division of Police in breath analysis instrument operation before January 1, 1991, shall be exempt from the requirements of Section 1 of this administrative regulation. Each person who has not received this training more recently than January 1, 1989, shall comply with Section 4 of this administrative regulation. (17 Ky.R. 1885; Am. 2203; 2440; eff. 2-7-91; 18 Ky.R. 148; 454; 1131; 1333; eff. 11-8-91.)