§ 13:51-1.12 Return, loss and/or replacement of replica
(a) If an operator‘s certification is suspended or revoked, pursuant to N.J.A.C. 13:51-1.9 and/or N.J.A.C. 13:51-1.10, or if the operator resigns, retires, or leaves the organized police department of which the operator is, or was, a member, for any reason, it shall be the responsibility of the Chief of Police or other executive head of the organized police department to retrieve the replica certificate from the operator and return that document to the Superintendent, in care of the Alcohol/Drug Test Unit in the Division of State Police, with a written explanation of the reason for the return.
(b) If a replica has been lost, or is otherwise in need of replacement, the Chief of Police or other executive head of the organized police department of which the operator is a member shall notify the Superintendent, in writing, in care of the Alcohol/Drug Test Unit of the Division of State Police of such loss or need for a replacement. Lost replicas must be reported immediately.
(c) A replica will be replaced for an operator when the operator‘s replica has been lost and duly reported as lost, or is otherwise in need of replacement, pursuant to N.J.A.C. 13:51-1.12(b). The replacement replica will bear the date of issuance of the replacement and bear the signatures, or facsimile signatures, of the Attorney General and the Superintendent of State Police. The reverse side of the replacement replica will show the date of the operator‘s original initial certification under N.J.A.C. 13:51-1.6(a) and, if applicable, N.J.A.C. 13:51-1.6(b), and the date of the operator‘s most recent recertification under N.J.A.C. 13:51-1.6(c), or reinstatement and recertification under N.J.A.C. 13:51-1.6(d).
(d) Only a Breath Test Coordinator/Instructor or other person duly authorized by the Superintendent is permitted to record information on a replica.
HISTORY
HISTORY:
Amended by R.1999 d.87, effective March 15, 1999.
See: 30 New Jersey Register 4321(a), 31 New Jersey Register 253(b), 31 New Jersey Register 770(b).
Rewrote the section.
CASE NOTE:
Fact that initial training course completion date was not set forth on breath test operator‘s certification card did not render card invalid, and thus exclusion of defendant‘s breath test results was not warranted, in prosecution for driving while intoxicated; exclusionary provision of administrative code, which was applicable to an uncertified operator whose qualifications had lapsed for failure to attend appropriate recertification courses, did not apply to operator, as his card was facially deficient, but he was otherwise qualified, and date establishing validity of card was date of issuance, not course completion date. State v. Sohl, 363 N.J.Super 573, 833 A.2d 1104.
Chapter Notes
