WSR 05-01-142

PREPROPOSAL STATEMENT OF INQUIRY

STATE TOXICOLOGIST


[ Filed December 17, 2004, 12:26 p.m. ]

Subject of Possible Rule Making: Approval of portable breath test devices.

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: Devices used by law enforcement for evidential breath alcohol testing must be approved by the State Toxicologist. The currently approved device, the Alcosensor III is going out of production. A replacement, the FST, is being considered for approval. Chapter 448.15 WAC approving devices will be amended accordingly.

Process for Developing New Rule: Agency study.

Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication by contacting Dr. Barry Logan, Washington State Toxicologist, 2203 Airport Way South, Seattle, WA 98134, (206) 262-6000 or barry.logan@wsp.wa.gov.

December 17, 2004

Barry K. Logan Ph.D.

Washington State Toxicologist

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