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Deadline For Public Comment

Deadline: Jan 30, 2013

The deadline for public comment has expired. Contact the agency or primary contact person listed below for assistance.

Rule Details

Rule Number: 12P058
Title: 13 140 003. Breath & Blood Alcohol Analysis Rule
Type: Standard
Status: Adopted
Agency: Department of Public Safety
Legal Authority: H.264 Sec. 20(a), (Act 56, 2011-2012 Legislative Session)
Summary: Department of Health Laboratory (DOH), discharged of authority for the program. The 2011 legislature transferred the Blood and Breath Alcohol Testing and Screening authority to the Department of Public Safety (DPS), indicating that DPS will adopt amended rules to govern the operation, maintenance, and use of blood and breath alcohol testing and alcohol screening devices, and to describe methods used to exercise this authority. Until amended rules are adopted, the existing rules will remain in place to govern the program.
Persons Affected: All people, enterprises and government entities currently affected by the current rules are the only groups affected. These groups include law enforcement personnel performing enforcement using the approved devices. Individuals who are the object of enforcement. The judicial system representing individuals or the state under these rules regarding Driving Under the Influence (DUI). Department of Public Safety, Vermont Forensic Laboratory, charged with authority for the program.
Economic Impact: Transfer of the authority of the program resulted in the need to develop an infrastructure for the program at DPS. Development of this program will increase costs by an estimated $500,000 per year, offset by the estimated $120,000 in special fund revenue. Staffing transferred with the program were one analyst and one technician to maintain the instrumentation. Forensic standards require at least two qualified analysts in an area and sufficient qualified management to administrate the program. DPS must hire a program supervisor, analyst and administrative assistant for the program to meet these requirements, train staff transferred with the program to Vermont Forensic Laboratory procedures, train new analysts to the program. All other part
Posting date: Dec 12,2012

Hearing Information

Information for Hearing # 1
Hearing date:
01-22-2013 2:00 PM   
Location: Public Safety Headquarters, Lab Classroom
Address: 103 South Main Street
City: Waterbury
State: VT
Zip: 05671-2101
Hearing Notes:

Contact Information

Information for Contact # 1
Level: Primary    
Name: Margaret Schwartz    
Agency: Department of Public Safety    
Address: 103 South Main Street    
City: Waterbury    
State: VT    
Zip: 05671-2101    
Telephone: 802-241-5289    
Fax: 802-241-5557    
Email: 
peg.schwartz@state.vt.us
     
 
   
Website Address:  http://vfl.vermont.gov
     
 
   
Information for Contact # 2
Level: Secondary    
Name: Trisha Conti    
Agency: Department of Public Safety    
Address: 103 South Main Street    
City: Waterbury    
State: VT    
Zip: 05671-2101    
Telephone: 802-241-5436    
Fax:    
 
     
       

Keyword Information

Keywords:

breath alcohol testing
datamaster program
blood alcohol testing
DMT (DataMaster Instrument)
DUI (Driving Under the Influence)
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