37-21A-1      Definition of terms.
37-21A-2      Application for registration to service weighing or measuring devices--Evidence of qualifications.
37-21A-3      Annual registration fees--Time of payment.
37-21A-4      Issuance of certificate of registration--Assigned number--Duration of certificate.
37-21A-5      Registrant's removal of tags and placement of devices in service before official examination.
37-21A-6      Forms for reporting devices placed in service by agency--Distribution of copies of report.
37-21A-7      Examination and certification of standards and equipment used by service agencies--Use of uncertified equipment prohibited--Fees.
37-21A-8      Denial, suspension, or revocation of certificate of registration.
37-21A-9      Repealed.
37-21A-10      Interstate agreements for reciprocal recognition of certification.
37-21A-11      Rules and regulations.

37-21A-1. Definition of terms.

Terms as used in this chapter mean:

(1)    "Department," the Department of Public Safety;

(2)    "Placed in service report," a report submitted to the Office of Weights and Measures by a registered service agent or agency, certifying that the subject device meets the applicable state requirements and is legal for trade;

(3)    "Registered service agency," any agency, firm, company, or corporation which, for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a weighing or measuring device, and which voluntarily registers itself as such with the secretary. Under agency registration, identification of individual servicemen may not be required;

(4)    "Registered service agent," any individual who for hire, award, commission, or any other payment of any kind, installs, services, repairs, or reconditions a weighing or measuring device, and who voluntarily registers as such with the secretary;

(5)    "Secretary," the secretary of the Department of Public Safety.

Source: SL 1973, ch 257, § 1; SL 1996, ch 320 (Exec. Order 96-1), §§ 19, 20; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2013, ch 189, § 1; SL 2016, ch 183, § 33.

37-21A-2. Application for registration to service weighing or measuring devices--Evidence of qualifications.

Any person may apply for voluntary registration to service weighing or measuring devices on an application form supplied by the department. The applicant shall submit a form, duly signed and witnessed, certifying that the applicant is fully qualified to install, service, repair, or recondition the weighing and measuring devices. The applicant shall certify that the applicant has the necessary testing equipment and standards and knowledge of all appropriate weights and measures laws and regulations. An applicant also shall submit appropriate evidence or references demonstrating the qualifications of the applicant.

Source: SL 1973, ch 257, § 4; SL 2016, ch 183, § 34.

37-21A-3. Annual registration fees--Time of payment.

The secretary shall charge an annual registration fee of sixty-nine dollars for each service agency and ten dollars for each registered service agent to cover administrative costs. The fee shall be paid when the registration or renewal application is made.

It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 34-39-3, 37-21-9.1, 37-21A-7, and 37-22-10, through the General Appropriations Act.

Source: SL 1973, ch 257, § 3; SL 1984, ch 29, § 4; SL 2007, ch 224, § 4; SL 2016, ch 183, § 35.

37-21A-4. Issuance of certificate of registration--Assigned number--Duration of certificate.

Upon receipt and acceptance of a properly executed application form, the secretary shall issue to the applicant a certificate of registration, including an assigned registration number. The certificate of registration remains effective until either returned by the applicant or withdrawn by the secretary.

Source: SL 1973, ch 257, § 5; SL 2016, ch 183, § 36.

37-21A-5. Registrant's removal of tags and placement of devices in service before official examination.

A bearer of a certificate of registration may:

(1)    Remove an official rejection or condemnation tag or mark placed on a weighing or measuring device by the authority of the department;

(2)    Place in service, until such time as an official examination can be made, a weighing or measuring device that has been officially rejected or condemned; and

(3)    Place in service, until such time as an official examination can be made, a new or used weighing or measuring device.

Source: SL 1973, ch 257, § 6; SL 2004, ch 17, § 260; SL 2006, ch 187, § 18; SL 2016, ch 183, § 37.

37-21A-6. Forms for reporting devices placed in service by agency--Distribution of copies of report.

The director shall furnish each registered service agent and registered service agency with a supply of report forms in hard copy or electronic form to be known as a placed in service report, which may be submitted as follows:

(1)    To submit a form in hard copy, the form shall be executed in triplicate, shall include the assigned registration number, and shall be signed by a registered service agent or by a service agent representing a registered agency for each rejected or inoperative device restored to service and for each newly installed device placed in service. Within seven days after a device is restored to service, or placed in service, the original of the properly executed placed in service report, together with any official rejection tag removed from the device, shall be mailed to the Office of Weights and Measures. The duplicate copy of the report shall be handed to the owner or operator of the device, and the triplicate copy of the report shall be retained by the registered service agent or agency; or

(2)    To submit a form electronically, the form shall include the assigned registration number, and shall be signed by a registered service agent or by a service agent representing a registered agency for each rejected or inoperative device restored to service and for each newly installed device placed in service. Within seven days after a device is restored to service, or placed in service, the original of the properly executed placed in service report, together with any official rejection tag removed from the device, shall be e-mailed to the Office of Weights and Measures. The placed in service report shall also be e-mailed to the owner or operator of the device, and a copy of the report shall be retained by the registered service agent or agency. An electronic copy of the placed in service report may be submitted to the director, kept for record purposes, and provided to the device owner or operator in lieu of hard copies only if the owner or operator agrees.

Source: SL 1973, ch 257, § 7; SL 2006, ch 187, § 19; SL 2013, ch 189, § 2.

37-21A-7. Examination and certification of standards and equipment used by service agencies--Use of uncertified equipment prohibited--Fees.

A registered service agent and a registered service agency shall submit, annually to the secretary, for examination and certification, any standards and testing equipment that are used, or are to be used, in the performance of the service and testing functions with respect to weighing and measuring devices for which competence is registered. No registered service agent or agency may use in servicing any commercial weighing or measuring device any standards or testing equipment that have not been certified by the secretary. The department shall charge a ninety-six dollar per hour fee for the examination and certification.

It is the intent of the Legislature that one-half of the inspection program funding may be derived from the general fund and the other half from the fees collected pursuant to this section and §§ 34-39-3, 37-21-9.1, 37-21A-3, and 37-22-10, through the General Appropriations Act.

Source: SL 1973, ch 257, § 8; SL 1992, ch 277, § 3; SL 2002, ch 183, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 23; SL 2007, ch 224, § 5; SL 2016, ch 183, § 38.

37-21A-8. Denial, suspension, or revocation of certificate of registration.

The secretary may, for good cause, after careful investigation and consideration, deny, suspend, or revoke a certificate of registration. Good cause may include any violation of a weights and measures statute, failure to submit annual calibration documentation for all weighing and measuring devices used in servicing equipment, or calculated misrepresentations with regard to a service agent's competence, equipment, or reports.

Source: SL 1973, ch 257, § 9; SL 2006, ch 187, § 20; SL 2016, ch 183, § 39.