177 Neb. Admin. Code, ch. 1, § 012

Current through June 17, 2024
Section 177-1-012 - CLASS C PERMITS
012.01Qualifications For Class C Permit Holders. Permit holder qualifications to operate approved devices to perform preliminary breath tests are:
012.01A Have knowledge of calibration and use of the testing device.
012.01A1 Evidence of knowledge shall be a passing grade of at least 70% on a written examination which shall be taken by every applicant and successfully passed prior to issuance of a permit, be prepared and administered by the Department, and consist of questions regarding calibration and use of the testing device.
012.01B Have demonstrated ability and competence to the satisfaction of the Department by completing a two and one half hour class and the satisfactory performance of analyses on audit samples.
012.01B1 Unacceptable performance on audit samples is defined as an error in the analyses greater than +/- 0.010 of the target value.
012.01B2 A prospective permit holder shall be allowed two attempts to achieve acceptable results of audit samples.
012.02Issuance of Class C Permit.
012.02A Application for a Class C Permit shall be made on Attachment 10, attached and incorporated herein by reference.
012.02B A Class C Permit is valid for all approved preliminary breath test instruments.
012.03List of Approved Methods and Devices for Class C Permits. Fuel cell analysis is the approved method of analysis for the following preliminary breath testing devices, and the checklist technique as found in Attachment 4, attached and incorporated herein by reference, is approved for the following preliminary breath testing devices.
1. Alco-Sensor, all models
2. Intoxilyzer, all models that use fuel cell analysis
3. Lifeloc, all models that use fuel cell analysis
012.04Maintenance and Repair of Preliminary Breath Testing Devices.
012.04A The periodic fuel cell replacement, recognized by inspection when it is not possible to adjust the calibration up to the desired value, shall be performed by a manufacturer's representative or person trained by manufacturer.
012.04B The periodic electrical battery replacement, recognized when the light display indicates a low battery, may be performed by a permit holder.
012.04C Repair of a testing device shall be performed by a manufacturer's representative or a person trained by the manufacturer.
012.04D Malfunctions of testing devices, maintenance, and repair occurrences shall be recorded and shall show the name of the agency or business organization performing these activities.
012.05Calibration of Testing Devices. All preliminary breath test devices are to be calibrated, or calibration verified, within 30 days prior to testing, and a record kept of the activity.

177 Neb. Admin. Code, ch. 1, § 012