SECTION .0300 ‑ BREATH ALCOHOL TEST REGULATIONS

10A NCAC 41B .0301      APPLICATION FOR INITIAL PERMIT

(a)  Application for an initial permit to perform chemical analysis of a person's breath to determine his alcohol concentration shall be made in writing to the Director. The applicant shall have the endorsement of his supervisor, or his supervisor's representative. The Director shall issue, deny, terminate, and revoke permits for individuals to perform chemical analyses.

(b)  Permits shall be granted to individuals who:

(1)           demonstrate the ability to perform chemical analyses accurately and reliably;

(2)           can explain the method of operation of the breath‑testing instrument for which he is applying for a permit to operate;

(3)           provide a statement on the application from the applicant's supervisor attesting to the good character of the applicant; and

(4)           are employed by a law enforcement agency, the Forensic Tests for Alcohol Branch or members of its instructional staff, or by some other federal, state, county or municipal agency with the responsibility of administering chemical analyses to drivers charged with implied consent offenses.

(c)  Individuals successfully completing a minimum of 35 course hours conducted by the Forensic Tests for Alcohol Branch shall be deemed to have met the requirements of Subparagraphs (b)(1) and (2) of this Rule.

History Note:        Authority G.S. 20‑139.1(b);

Eff. January 1, 1982;

Amended Eff. May 1, 2007; October 1, 1993; September 1, 1990; September 1, 1989; January 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018.