41-2093. License as public weighmaster or
deputy weighmaster required; application; fee; renewal;
exemptions


A. A person shall not serve as a public weighmaster or deputy weighmaster unless
the person is issued a public weighmaster or deputy weighmaster license by the department
in accordance with practices and procedures to be established by the director. An
applicant for a public weighmaster or deputy weighmaster license shall:


1. Demonstrate a thorough knowledge of all appropriate weights and measures laws,
rules and policies.


2. Have possession of, or have available for use, a scale that is of sufficient
capacity and size and that is licensed and certified pursuant to section 41-2091.


3. Demonstrate the necessary experience and training to operate the scale.


4. Pass the required examination administered by the department.


B. An application for a public weighmaster or deputy weighmaster license shall be
submitted to the department on a form prescribed and furnished by the department and
shall be accompanied by the license fee prescribed in section 41-2092. The department
shall issue a public weighmaster or deputy weighmaster license for a period of twelve
calendar months. The license expires on the first day of the month and year indicated on
the license. A public weighmaster or deputy weighmaster license shall be posted at the
licensed scale site in a manner that provides the department access to the license during
normal business hours.


C. If a licensee submits a license renewal application to the department before the
date of expiration of the current license together with the renewal fee prescribed by the
department, the existing license shall be valid for thirty days following its expiration
date, or until issuance of the renewal license, whichever occurs first.


D. Except as otherwise provided in subsection F of this section, certified weighing
of any property, livestock or commodity shall be performed only by a public weighmaster
or deputy weighmaster. The following persons are not required to obtain licenses as
public weighmasters or deputy weighmasters:


1. A person weighing property, livestock or a commodity that the person or the
person's employer is either buying or selling for the person's or the person's employer's
own account.


2. A person weighing property, livestock or a commodity in conjunction with or on
behalf of a publicly sponsored or nonprofit organization sponsored exposition, fair or
show event.


E. The official weighing of vehicles or conveyances by any employee of a city,
county or state agency for weight-control regulatory purposes on public highways, roads
or streets does not constitute public weighing.


F. On request and without charge, the department may issue a limited weighmaster
license to any qualified officer or employee of a city, a county or the state authorizing
the officer or employee to act as a public weighmaster only within the scope of the
officer's or employee's official employment and duties in enforcing local ordinances
substantially complying with the requirements of this chapter. While performing the
duties of a limited weighmaster, a limited weighmaster shall have the limited
weighmaster's license in the limited weighmaster's possession.


G. The department shall approve all forms, certificates, seals and other documents
together with practices, procedures and equipment used by public weighmasters or deputy
weighmasters in the performance of their duties. A public weighmaster or deputy
weighmaster shall keep for such period as the department by rule may require a legible
copy of each weight certificate the public weighmaster or deputy weighmaster issues.
Copies of weight certificates shall be available at all reasonable times for inspection
by the department.