Ga. Comp. R. & Regs. R. 92-3-.04 - Permits

(1) Permits to perform chemical analyses of a person's blood, urine, or breath pursuant to this Chapter will be issued by the Georgia Bureau of Investigation, Division of Forensic Sciences, Implied Consent Section.

(2) The Georgia Bureau of Investigation, Division of Forensic Sciences shall withhold the issuance of a permit where the application reveals information that the applicant has not or cannot qualify pursuant to Rule 92-3-.02.

(3) Separate and distinct permits shall be issued for:

(a) analysis and reporting of blood alcohol levels

(b) testing and reporting breath alcohol levels;

(c) analysis and reporting of drugs in blood and/or urine

(d) analysis of blood alcohol under supervision

(e) analysis of drugs in blood and/or urine under supervision.

(4) All permits are subject to revocation as provided by law and Rule 92-3-.08.

(5) Applications for all permits shall be filed with the Division of Forensic Sciences Implied Consent Section. Permits shall be valid for not more than four years from the date of issuance. Proof of successful completion of annual proficiency tests shall be required to maintain all permits for testing blood or urine for alcohol or drugs.

(6) Permit renewals to perform chemical analyses on a person's breath shall not be approved unless one refresher course in breath alcohol analysis conducted under the auspices of the Division of Forensic Sciences has been satisfactorily completed. Individuals possessing permits that are more than one year past the expiration date will not be allowed to renew their permits by attending a refresher course unless specifically authorized by the Director of the Division of Forensic Sciences or his or her designee. Additional refresher courses may be required at the discretion of the Director of the Division of Forensic Sciences.

(7) Existing permit holders may obtain a permit to operate instruments approved pursuant to this rule by the Division of Forensic Sciences for the chemical analysis of a person's breath by successfully completing a transition course in breath alcohol analysis under the auspices of the Division of Forensic Sciences.

Notes

Ga. Comp. R. & Regs. R. 92-3-.04

O.C.G.A. Secs. 6-2-5.1, 27-3-7, 35-3-154, 40-6-392, 52-7-12.

Original Rule entitled "Permits" adopted. F. Apr. 11, 1986; eff. May 1, 1986. Amended: F. Nov. 18, 1995; eff. Dec. 8, 1995. Amended: F. Feb. 24, 2000; eff. Mar. 15, 2000. Amended: F. Mar. 26, 2010; eff. Apr. 15, 2010. Amended: F. Jan. 3, 2013; eff. Jan. 23, 2013.