Riva tuner fan control

hi, wondering if anyone can advise?, I have a pny 9800gt and am having trouble keeping the selected fan duty % sticking while playing games( i have set it up to be fixed at startup and this works fine), but when i go into a game it goes back to the default setting of the card (39%), i have tried direct control and low level fan control but neither of these stick for very long before going back to the default. I have rolled back to the previous gpu driver that is recommended for riva but this doesn't change a thing..

Is there a way to solve this without going into bios?