NAC484C.090. 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 certified evidential 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. If the Director or his or her designee finds that the device named in the petition is:

     (a) On the list of qualified products meeting the requirements of the National Highway Traffic Safety Administration, or has been deleted from that list, and that cause otherwise exists, the Director or designee may:

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

          (2) Order that the device be evaluated pursuant to subsection 4.

     (b) Not on the list of qualified products of the National Highway Traffic Safety Administration or that cause does not exist for the Committee to consider the petition, the Director or designee shall, within 30 days after receiving the petition, deny the petition in writing, stating his or her reasons.

     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 fully equipped devices to be made available to a forensic 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 for the purpose of testing a person’s breath to determine the concentration of alcohol in the person’s breath.

     (Added to NAC by Com. on Testing for Intoxication, eff. 10-26-83; A 3-11-86; 9-9-94; R112-97, 5-26-98; R137-99, 12-13-99)—(Substituted in revision for NAC 484.635)