N.H. Admin. Code § Saf-C 6304.02

Current through Register No. 44, October 31, 2024

Section Saf-C 6304.02 - Breath Test Instrument Operator/Recertifying Supervisor

(a) Personnel certified by the commissioner, pursuant to RSA 265-A:5, V, shall be designated as a breath test instrument operator or as a recertifying supervisor.

(b) Criteria for breath test operators and recertifying supervisors shall be as follows:

(1) To be eligible for training as a breath test operator of the approved instrument, for purposes of RSA 265-A:4, the applicant shall be currently employed as a law enforcement official within the state of New Hampshire; and

(2) To be eligible as a recertifying supervisor:

a. The applicant shall meet the eligibility requirements in (1) above;

b. The applicant shall have taken and passed an approved course of training as outlined in (h) below;

c. The applicant shall be currently certified as a breath test instrument operator;

d. The applicant shall have experience in conducting actual breath tests by:

1. Maintaining the certification in accordance with (k) below for a period of not less than one year; and

2. Conducting a minimum of 10 subject tests in accordance with Saf-C 6302.02 during one calendar year.

(c) A breath test operator who has met the eligibility requirements of (b) above and has passed the approved course of training as outlined in (h) below shall be approved by the commissioner to conduct breath tests pursuant to RSA 265-A:5.

(d) A recertifying supervisor who has met the eligibility requirements of (b)(2) above shall perform the following duties:

(1) Conduct breath tests pursuant to RSA 265-A:5;

(2) Recertify breath test operators within their own agency in accordance with (j) below; and

(3) Assist the forensic breath testing supervisor in the training of breath test operators.

(e) Recertifying supervisors shall not recertify equipment.

(f) Applicants shall meet the eligibility requirements in (b) above and have completed a course of training provided by the division covering the topics outlined in (h) below. A certificate shall be issued to the breath test operator by the agency sponsoring the course of training. This certificate of training shall be submitted to the commissioner when applying for certification as a breath test operator.

(g) A comprehensive practical and written examination shall be developed and administered by the forensic breath testing supervisor at the completion of the course.

(h) The exam required in accordance with (g) shall cover the following subject matter:

(1) The value and purpose of breath alcohol testing;

(2) The physiological action of alcohol on the human body;

(3) The pharmacology and toxicology of alcohol;

(4) The methods of alcohol analysis and theory of breath testing;

(5) The instruments and procedures for breath testing;

(6) Laboratory practice and demonstration of competency by:

a. Using proper technique in collecting and capturing a sample;

b. Obtaining accurate results; and

c. Following established operating and reporting procedures; and

(7) Legal procedures and decisions affecting breath testing.

(i) A breath test operator or recertifying supervisor certification shall be valid for a period of 12 months from date of issue unless terminated or revoked.

(j) A breath test operator shall renew his/her certification prior to its expiration through:

(1) Demonstration of competence in performing an analysis under the supervision of a forensic breath testing supervisor or recertifying supervisor by:

a. Using proper technique in collecting and capturing a sample;

b. Obtaining accurate results; and

c. Following established operating and reporting procedures; and

(2) Completion of a review course provided by the division which shall include:

a. Instrument operating and sampling technique;

b. Analysis and reporting procedures; and

c. Procedural changes and legal decisions affecting breath testing.

(k) A certified recertifying supervisor shall renew his/her certification prior to its expiration through:

(1) Demonstration of competence in performing an analysis under the supervision of a forensic breath testing supervisor by:

a. Using proper technique in collecting a sample;

b. Obtaining accurate results; and

c. Following established operating and reporting procedures; and

(2) Completion of a review course provided by the division which shall include:

a. Instrument operating and sampling technique;

b. Analysis and reporting procedures; and

c. Procedural changes and legal decisions affecting breath testing.

(l) Reinstatement of breath test operators and recertifying supervisors shall be as follows:

(1) A breath test operator's certification shall be reinstated by the forensic breath testing supervisor or recertifying supervisor if he or she meets the requirements of (j) above within one year from the date of expiration; and

(2) A recertifying supervisor's certification shall be reinstated by the forensic breath testing supervisor if he or she meets the requirements of (k) above within one year from the date of expiration.

(m) A breath test operator's or recertifying supervisor's certification shall remain valid unless expired or revoked after notice and opportunity for a hearing for the following reasons:

(1) Failure to follow the operating procedure for the approved instrument in accordance with Saf-C 6302.02(e);

(2) Failure to follow the procedure for reporting and keeping of records;

(3) Failure to renew certification within a 12 month period prior to expiration;

(4) Termination of employment as a law enforcement official at any time during the 12 month certification period, except for those individuals transferring from one law enforcement agency to another within the State of New Hampshire; and

(5) Failure to become reinstated after a period of one year from expiration of their last certification.

(n) To become certified again, the former breath test operator or recertifying supervisor shall attend and complete an approved course of training as described in (h) above.

(o) A breath test operator or recertifying supervisor's certification shall be revoked upon recommendation by the forensic breath testing supervisor in accordance with (m)(1) and (2) above. Notification of this revocation shall be forwarded to the breath test operator or recertifying supervisor by the commissioner by certified mail.

N.H. Admin. Code § Saf-C 6304.02

Renumbered from Saf-C 6303.02 Volume XXXVII Number 2, Filed January 12, 2017, Proposed by #12064, Effective 1/1/2017, Expires 6/30/2017.