WSR 98-17-096

PREPROPOSAL STATEMENT OF INQUIRY

STATE TOXICOLOGIST

[Filed August 19, 1998, 9:01 a.m.]



Subject of Possible Rule Making: Approval of breath alcohol screening devices for probable cause purposes.

Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 46.61.506.

Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Case law suggests the need for these rules (State v. Smith, 130 Wn.2d 215, 922 P.2d 811 (1996)) to allow the use of portable breath testing devices for probable cause purposes.

Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: NHTSA maintains an approved product list for these devices, which is referenced in the proposed rules.

Process for Developing New Rule: Pilot rule making; and consultation with Washington State Patrol.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Barry K. Logan Ph.D., Washington State Toxicologist, 2203 Airport Way South, Seattle, WA 98134, phone (206) 343-5435, fax (206) 731-8564, e-mail logan@u.washington.edu.

August 7, 1998

Barry K. Logan Ph.D.

State Toxicologist

Legislature Code Reviser

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Washington State Code Reviser's Office