| (a) In order to preserve evidence and the chain of
custody, an owner or operator, retail facility employee, or unlicensed
service technician is prohibited from removing a skimmer unless instructed
to do so by law enforcement or the department.
(b) If neither law enforcement nor the department has
arrived to remove a skimmer within 48 hours after the owner or operator
has notified the department as required by §97.29(a)(2), the
skimmer may be removed in accordance with subsection (c).
(c) When removing a skimmer under this section, an
individual must:
(1) wear sterile gloves while removing the skimmer(s);
(2) place each skimmer in a clear plastic bag, seal
the bag, and label the sealed bag with the date and time the skimmer
was removed and bagged, along with the initials of the person removing
the skimmer; and
(3) transfer the skimmer(s) to local law enforcement
and request the law enforcement case or report number.
(d) The owner or operator must provide the law enforcement
case or report number to the department in a manner prescribed by
the department following transfer of the skimmer to law enforcement.
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