No. 33024 (5-year Review): Rule R714-500. Chemical Analysis Standards and Training

DAR File No.: 33024
Filed: 10/05/2009 04:16:05 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

This rule is authorized by Section 41-6a-515 which requires the commissioner of the Department of Public Safety to establish standards for the administration and interpretation of chemical analysis of a person's breath, including standards of training.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

Over the past five years, the Utah Highway Patrol has not received comments from any party opposing or supporting this rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The Chemical Analysis Standards and Training rule sets the standards used by officers in the state to utilize the breath testing instrument. It also sets forth the requirements to become a breath testing technician. The rule also establishes the requirement for an instrument to be used to collect breath test samples to test for alcohol. This rule is frequently used in courts by both prosecutors and defense attorneys. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Highway Patrol
4501 S 2700 W
SALT LAKE CITY, UT 84119-5994

Direct questions regarding this rule to:

• Steve Winward at the above address, by phone at 801-256-2326, by FAX at 801-256-0600, or by Internet E-mail at [e-mail]

Effective:

10/05/2009

Authorized by:

Lance Davenport, Commissioner

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