Section 311.11. Qualifications for issuance and cause for suspension and cancellation of permits.

 

(1)  Permits to conduct qualitative or quantitative breath alcohol analysis for the purpose of determining the presence or concentration of alcohol in the breath shall be issued only to those persons who have successfully completed a course of instruction prescribed by the department. Permits shall:

(a) Identify the instrument or categories of instruments that the bearer is qualified to operate.

(b) Bear the signature, original or facsimile, of the chief of the chemical test section.

(c) Be valid for a period of 2 years; except that a permit may be extended for cause by the department.

(2)  The holder of a valid permit may at any time be required by a technician or the department to demonstrate his or her ability to satisfactorily operate a qualitative or quantitative breath alcohol instrument. Failure to demonstrate satisfactory ability will result in the suspension of the permit.

(3)  A permit may be renewed or reinstated only upon successful completion of the procedure prescribed by the department.

(a) Permittees who are unsuccessful in the completion of any procedure required for the renewal of their permits shall have their permits suspended as of the date on which the failure took place and shall be given one opportunity, at the convenience of the department, to repeat the required procedure.

(b) Permittees who are unsuccessful in a second attempt to renew their permits shall not be issued a permit until they comply with the requirements for the issuance of an original permit as specified in sub. (1) .

(4)  A permit which has been expired beyond 2 years may not be renewed until the holder of that permit again complies with the requirements of sub. (1) .

(5)  The department or a technician may at any time suspend or cancel a permit for failure of the holder to comply with the requirements of this chapter and shall suspend or cancel any permit when suspension or cancellation is made mandatory by this chapter.

(6)  Permits held by persons who are no longer employed by a law enforcement agency shall be cancelled. If the holder of the permit is subsequently employed by another law enforcement agency, the permit may be reinstated upon the request of the chief administrative officer of the employing agency.

History: Cr. Register, July, 1985, No. 355 , eff. 8-1-85; emerg. am. (1) (b), eff. 1-1-88; am. (1) (b), Register, April, 1988, No. 388 , eff. 5-1-88; am. (1) (intro.), (a) to (c), (2), (5) and (6), r. (7), Register, January, 1993, No. 445 , eff. 2-1-93.