20 CAR Part 9 — Fees for Maintenance of Breath Alcohol Instruments

Chapter I

Subchapter A

Subpart 1

20 CAR § 9-101 Purpose {#sec-20-car-9-101 omnilex-key=us-ar-regs-official--title-20-part-9--20 CAR § 9-101}

20 CAR § 9-101. Purpose.

This part is established to permit the Department of Health to increase fees for service/maintenance of breath test instruments used by law enforcement agencies for the purposes contained in Arkansas Code § 5-65-101 et seq., and Arkansas Code § 5-65-201 et seq.

20 CAR § 9-102 Definitions {#sec-20-car-9-102 omnilex-key=us-ar-regs-official--title-20-part-9--20 CAR § 9-102}

20 CAR § 9-102. Definitions.

As used in this part:

(1) “Breath alcohol instrument” means an instrument, designed to analyze the alcohol content of breath, which is normally certified and used by law enforcement agencies as specified in 20 CAR § 9-101;

(2) “Cost” means the cost of any and all necessary support, materials, etc. necessary to provide the specified service; and

(3) “Fee” means the hourly rate the Department of Health may charge for labor necessary to provide the repair/maintenance of a breath alcohol instrument.

20 CAR § 9-103 General requirements {#sec-20-car-9-103 omnilex-key=us-ar-regs-official--title-20-part-9--20 CAR § 9-103}

20 CAR § 9-103. General requirements.

(a) Fee for repair/maintenance.

(1) Following the manufacturer’s recommendations for routine repairs, an hourly fee of fifty dollars ($50.00) shall be charged and billed to the owner or other specified party, for the purpose of covering the cost to the state in providing this service.

(2) This revenue shall only be used for the purpose specified in Arkansas Code § 5-65-101 et seq., and Arkansas Code § 5-65-201 et seq.

(b) Other approved repair/maintenance. This part shall not preclude other manufacturer-approved repair services.

(c) Failure to pay services rendered.

(1) Certification of an instrument may not be withheld by the Department of Health for failure to pay for services rendered.

(2) If payment is overdue by nine (9) months, notice shall be given that any future services on that equipment or any other owned by the same entity may be withheld until full payment is received.