10A NCAC 41B .0304      CONDITIONS FOR RENEWAL OF PERMIT

(a)  Permits may be renewed at expiration, or at such time prior to expiration as is convenient for the Director, upon demonstration by the permittee of:

(1)           continuing ability to perform accurate and reliable chemical analyses;

(2)           ability to explain the method of operation of the breath‑testing instrument for which he is applying for a renewal permit to operate; and

(3)           continued employment by a law enforcement agency, the Forensic Tests for Alcohol Branch or a member of its instructional staff, or by some other federal, state, county or municipal agency with the responsibility of administering chemical analyses to drivers charged with implied consent offenses.

(b)  The permittee shall provide a statement on the application from the applicant's supervisor attesting to the good character of the applicant.

(c)  Individuals successfully completing a forensic test for alcohol recertification course conducted by the Forensic Tests for Alcohol Branch prior to the expiration of their permits shall be deemed to have met the requirements of Subparagraphs (a)(1) and (2) of this Rule for the renewal of permits.

(d)  In addition to meeting the requirements of Paragraph (a) of this Rule, individuals desiring renewal permits, after expiration of their permits, shall successfully complete the following Forensic Tests for Alcohol Branch course requirements prior to the granting of renewal permits:

(1)           Forensic Tests for Alcohol Recertification Course if the permit has been expired less than six months;

(2)           Forensic Tests for Alcohol Operators Course if the permit has been expired six months or longer.

History Note:        Authority G.S. 20‑139.1(b);

Eff. January 1, 1982;

Amended Eff. May 1, 2007; October 1, 1993; April 1, 1992; September 1, 1990; September 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.