Ariz. Admin. Code § 13-15-104

Current through Register Vol. 30, No. 50, December 13, 2024

Section R13-15-104 - Operator Certification

A. In order to be certified as a Rapid DNA Operator to operate a Rapid DNA instrument as part of a law enforcement program, an employee of a law enforcement agency shall successfully complete training that meets the following criteria:

1. A training program approved by the Director.

2. The training program shall include at a minimum the following:

a. Information on basic biology, specifically including what DNA is and its purpose,

b. Information on basic DNA analysis,

c. Identification of appropriate sample types for analysis on Rapid DNA instrumentation,

d. Proper collection and preservation of samples for analysis on Rapid DNA instrumentation,

e. Information on clean techniques to process samples and minimize contamination,

f. Information on DNA databases,

g. Evaluation and interpretation of DNA results,

h. Basic knowledge of the operation of a Rapid DNA instrument,

i. Information on court testimony regarding Rapid DNA analysis,

j. Taking a sample from collection to identification of an investigative lead using the Rapid DNA instrument and where applicable any associated database,

k. A written examination covering the objectives in subsections (a) through (i); and

l. A practical examination to demonstrate competence in subsection (j).

3. Certification as a Rapid DNA Operator is contingent upon successful completion of the approved training program as measured by the written and practical examinations associated with the program. The written examination shall be passed with a minimum score of 90% and the prospective operator shall demonstrate the ability to successfully operate the Rapid DNA instrument in a practical-use test.

4. Maintaining certification as a Rapid DNA Operator is contingent on completing one of the following on an annual basis:

a. Submission to the Department of evidence of successful operation of the Rapid DNA instrument during the annual period; or

b. Submission to the Department of evidence of successful completion of a proficiency test that demonstrated operation of the instrument and receiving the expected result as shown by the test record completed by the operator on the Rapid DNA instrument during the annual period.

B. The Department may suspend or revoke the certification of a Rapid DNA Operator for any of the following reasons:

1. Any falsified test results or false statements to the Department, other law enforcement agency or criminal justice entity.

2. Failure of an operator to maintain quality control over sample preparation, reagents, or instrumentation during analysis of samples.

3. Failure of the operator to provide evidence of successful operation of the instrument on an annual basis pursuant to subsection (A)(4).

4. Failure to operate the Rapid DNA instrument according to approved procedures or methods.

5. Undertaking actions that compromise the integrity of the results or of the Rapid DNA testing program.

C. The provisions of A.R.S. Title 41, Chapter 6, Article 10 are applicable to denials, revocations, suspensions and administrative appeals.

Ariz. Admin. Code § R13-15-104

New section made by final rulemaking at 28 A.A.R. 998, effective 7/3/2022.