10A NCAC 41B .0402      AUTHORIZATION

(a)  Any person may conduct a controlled‑drinking program without special authorization from the Director if such program is either under the supervision of a public agency or institution or presented with the participation of a public employee possessing a valid permit from the Director to perform chemical analyses of breath or blood and participation by the permittee has been authorized by his superiors.

(b)  Any other person desiring to conduct a controlled‑drinking program under the authority of these regulations must apply for authorization from the Director. The Director may grant the authorization if it appears that the proposed controlled‑drinking program or series of programs will be conducted in a manner so as to minimize danger or annoyance to the public on the part of the drinking subjects and that the program or series of programs will in general further the bona fide objectives of the chemical testing programs within this state. Request for such authority shall be submitted so as to reach the Director at least 10 days prior to the proposed controlled‑drinking program or the initial program of a proposed series.

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

Eff. February 1, 1976;

Readopted Eff. December 5, 1977;

Amended Eff. January 1, 1982;

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