NAC484C.050. Changes in list of approved devices.

     1. Upon receipt of a petition from any interested person to make an addition to or deletion from the list of preliminary breath-testing devices which are certified by the Committee pursuant to NRS 484C.610, the Director or his or her designee shall examine the petition on behalf of the Committee.

     2. The Director or his or her designee may:

     (a) Place the petition on the agenda for the Committee’s next regularly scheduled meeting;

     (b) Order that the device be evaluated pursuant to subsection 4; or

     (c) Deny the petition.

     3. A person who is aggrieved by the denial of such a petition by the Director or his or her designee may appeal in writing to the Committee.

     4. If a breath-testing device is to be evaluated, the Director or his or her designee shall arrange for two of the fully equipped devices to be made available to a laboratory designated by the Director or designee. The designated laboratory must have on its staff at least one certified forensic analyst of alcohol, who shall evaluate the device in accordance with established scientific methods and principles and determine whether the device, as designed and manufactured, is accurate and reliable to test a person’s breath to determine the concentration of alcohol in the person’s breath when the test is administered at the direction of a police officer at the scene of a vehicle accident or collision or where he or she stops a vehicle.

     (Added to NAC by Com. on Testing for Intoxication, eff. 9-26-86; A 9-9-94; R112-97, 5-26-98; R137-99, 12-13-99)—(Substituted in revision for NAC 484.615)