Haw. Code R. § 11-114-9

Current through April, 2024
Section 11-114-9 - Supervisors
(a) Supervisors of breath alcohol testing instruments shall be responsible for:
(1) The care of breath alcohol testing instruments;
(2) Insuring that instruments are maintained;
(3) Performing accuracy tests required by section 11-114-7;
(4) Performing or supervising, or both, breath alcohol tests;
(5) Reporting results of alcohol breath tests to appropriate governmental agencies as required by section 11-114-11;
(6) Keeping records as required by section 11-114-12;
(7) Training of operators when required; and
(8) Insuring that the operators and instruments in the supervisor's charge adhere to the provisions of this subchapter.
(b) No person shall serve as a supervisor without a valid license issued by the DUI coordinator or the chief of police.
(c) A supervisor may practice only in the jurisdiction designated on the license.
(d) Licensed supervisors are also considered to be licensed as breath alcohol testing operators.
(e) A supervisor's license shall be effective for three years from date of issuance unless revoked by the issuer.
(f) A written request for renewal of a supervisor license should be submitted to the DUI coordinator or the chief of police at least ninety days before the expiration of the current license.
(g) A member of a law enforcement agency in the State may qualify for a supervisor's license by meeting one of the following requirements:
(1) Having successfully completed a training program described in subsection (h); or
(2) Having at least one year of experience in the operation, care, and maintenance of the approved breath alcohol testing instrument.
(h) Training programs for supervisors shall:
(1) Be conducted either by the DUI coordinator, the chief of police, the chief's representative(s) or, with the written approval of the DUI coordinator or the chief of police, by a representative(s) of the manufacturer of the breath alcohol testing instrument;
(2) Consist of a minimum of eight hours; and
(3) Be approved in writing by the DUI coordinator except as provided in subsection (j)(1).
(i) Supervisors may be licensed on additional breath alcohol testing instruments upon completion of supplemental training approved in writing by the DUI coordinator.
(j) Prior approvals:
(1) Supervisor 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director of health as of the effective date of this chapter shall continue to be approved and remain in effect unless superseded or revoked by the director of health in writing.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 supervisors as of the effective date of this chapter are deemed licensed as supervisors and shall continue to be licensed supervisors upon renewal of the license or until the expiration or revocation of the license.

Haw. Code R. § 11-114-9

[Eff DEC 30 1993] (Auth: HRS § 321-161) (Imp: HRS §§ 321-161; 286-2; 286-151; 286-152; 286-153; 286-154; 286-155.5; 286-158; 286-160; 286-162; 286-163; 286-171; 286-251; 286-254; 286-255; 286-256; 286-257; 286-258; 286-259; 291-4; 291-4.5; 291-5; 291-6; 291C-162; 321-1; 321-9; 321-10; 321-18; 321-19; 321-20)