§486-105  General testing.  (a)  Unless
otherwise provided by law, the department, through the measurement standards
branch, shall inspect and test, to ascertain if they are correct, all
measurement standards and measuring devices kept, offered, or exposed for sale,
sold or in use in the State.  The department may, as often as it deems
necessary, inspect and test, to ascertain if they are correct, all measurement
standards and measuring devices used in:



(1)  Determining the measurement of commodities or things
sold, or offered or exposed for sale, on the basis of measure;



(2)  Computing the basic charge or payment, including
taxes, for services rendered on the basis of measure; and



(3)  Determining measurement when a charge is made for
such determination, including the payment of any associated tax.



Provided that in compliance with a rule of the
board, tests may be made on representative samples of the commodities, things,
or devices, and the lots of which samples are representative shall be held to
be correct or incorrect upon the basis of the results of the inspections and
tests on the samples.  And, provided that with respect to single-service
devices designed to be used only once and to be then discarded or with respect
to devices uniformly mass-produced, as by means of a mold or die, and not
susceptible of individual adjustment, the inspection and testing requirements
of this section will be satisfied when inspections and tests are made on
representative samples of the devices, and the lots of which samples are
representative shall be held to be correct or incorrect upon the basis of the
results of the inspections and tests of the samples.



(b)  The department may adopt rules:



(1)  To authorize the licensing of service agencies to
conduct routine tests of measurement standards and measuring devices;



(2)  To establish the process for licensing, including
license fees and suspension or revocation of licenses;



(3)  To establish the frequency of testing for various
measurement standards and measuring devices;



(4)  To establish recordkeeping and reporting
requirements for licensed service agencies;



(5)  To establish procedures whereby licensed service
agencies may seal or mark measurement standards or measuring devices as
"correct" or "rejected" under section 486-108;



(6)  To establish procedures for evaluating the
performance of licensed service agencies in testing measurement standards and
measuring devices; and



(7)  To establish penalties for violations of this
chapter or rules adopted under this subsection. [L 1991, c 153, pt of §6; am L
1998, c 192, §3]