Section R13-10-105. Permits and Certificates

A.      The Department shall issue Analyst permits to qualified appli- cants, in accordance with R13-10-106(A), who have satisfac-

Department of Public Safety - Alcohol Testing

torily demonstrated through proficiency testing as specified in R13-10-108(A) their proficiency in conducting an alcohol concentration determination by one or more of the methods listed in R13-10-102. The Analyst permit shall:

1.        State the method of alcohol concentration determination the permit holder is approved to utilize and the type of specimen the permit holder is approved to analyze (blood or other bodily substances); and

2.        Be valid for one year.

B.       An Analyst shall employ, in testing for alcohol concentration in matters arising under A.R.S. Title 28, Chapter 4, Article 3, the same analytical procedures as those employed by the ana- lyst for proficiency testing.

C.      The Department shall issue two categories of device permits.

1.        Operator permits shall be issued to applicants who qual- ify under R13-10-106(B) or (E). This permit authorizes operation and performance of associated Quality Assur- ance Procedures, including Concurrent Calibration Check Procedures and Concurrent Quality Assurance Proce- dures, performed within a successfully completed test sequence bracketing a duplicate breath test on the device specified on the permit. Operator permits issued after the initial effective date of this Section shall be valid for five years from the date of issue. Permits issued to Operators before the initial effective date of this Section shall remain in effect and be valid for five years after the initial effective date of this Section.

2.        Quality Assurance Specialist permits shall be issued to applicants who hold a valid Operator permit and who qualify as a Quality Assurance Specialist under R13-10- 106(C) or (E). This Quality Assurance Specialist permit authorizes the holder to perform Quality Assurance Pro- cedures, including Standard Calibration Check Proce- dures and Standard Quality Assurance Procedures, on the device specified on the permit. Quality Assurance Spe- cialist permits issued after the initial effective date of this Section shall be valid for five years from the date of issue. Permits issued to Quality Assurance Specialists before the initial effective date of this Section shall remain in effect and be valid for five years after the initial effective date of this Section.

3.        Operator and Quality Assurance Specialist permits may be renewed by application as required by R13-10-107 and successful completion of a recertification course approved by the Department.

4.        The Department shall issue duplicate (replacement) per- mits upon request and upon verification of the qualifica- tions set forth in R13-10-106.

D.      Law enforcement agencies shall supply the Department, upon request, with a list of current Operator and Quality Assurance Specialist permit holders and shall update the list as required by the Department, but no more frequently than annually.

E.       The Department shall issue Instructor certificates to qualified applicants who hold valid Operator and Quality Assurance Specialist permits and who qualify as an Instructor under R13- 10-106(D) or (E). The Instructor certificate  authorizes the holder to provide breath test training to prospective Operators and Quality Assurance Specialists on a specific approved device. Instructor certificates issued after the initial effective date of this Section shall be valid for five years from the date of issue. Instructor certificates issued before the initial effec- tive date of this Section shall remain in effect and be valid for five years from the initial effective date of this Section. Instructor certificates may be renewed by application as required by R13-10-107 and successful completion of a recer- tification examination approved by the Department.

Historical Note

New Section made by final rulemaking at 12 A.A.R. 1916, effective 9:00 a.m., May 18, 2006 (Supp. 06-2).