EMERGENCY RULES
Date of Adoption: April 27, 1999.
Purpose: The purpose of this change is to correct an oversight in establishing the admissibility standards for breath alcohol test results. This regulation is remedial in nature and is designed to ensure that the standards for the admissibility of breath tests in judicial proceedings are consistent with the regulations for performing a breath test.
Citation of Existing Rules Affected by this Order: Amending 1 [WAC 448-13-060].
Statutory Authority for Adoption: RCW 46.61.506.
Under RCW 34.05.350 the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: When other amendments to Title 448 WAC were adopted effective April 1, 1999, this section was inadvertently not amended. As now written it will correct this oversight until a permanent change in the regulation can be made. There is insufficient time to promulgate this as a permanent rule without adversely affecting the public interest.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 1, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 1, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Immediately.
April 27, 1999
Barry K. Logan Ph.D.
State Toxicologist
OTS-3103.1
AMENDATORY SECTION(Amending WSR 95-20-025, filed 9/27/95, effective 10/28/95)
WAC 448-13-060
Validity and certification of test results.
A test shall be a valid test and so certified, if the requirements of WAC 448-13-040, 448-13-050 and 448-13-055 are met, and in addition the following criteria for precision and accuracy, as determined solely from the breath test document, are met:
(1) The internal standard test results in the message "verified."
(2) In order to be valid, the two breath samples must agree to within plus or minus ten percent of their mean. This shall be determined as follows:
(a) The breath test results shall be reported, truncated to three decimal places.
(b) The mean of the two breath test results shall be calculated and rounded to four decimal places.
(c) The lower acceptable limit shall be determined by multiplying the above mean by 0.9, and truncating to three decimal places.
(d) The upper acceptable limit shall be determined by multiplying the mean by 1.1 and truncating to three decimal places.
(e) If the results fall within and inclusive of the upper and lower acceptable limits, the two breath samples are valid.
(3) The simulator external standard result must lie between .090 to .110 inclusive for tests conducted prior to April 1, 1999, and .072 to .088 inclusive for tests conducted on or after April 1, 1999. This provision is remedial in nature and applies to any judicial proceeding conducted after April 27, 1999.
(4) All four blank tests must give results of .000.
If these criteria are met, then these and no other factors are necessary to indicate the proper working order of the instrument, and so certify it, at the time of the breath test.
[Statutory Authority: RCW 46.61.506. 95-20-025, § 448-13-060, filed 9/27/95, effective 10/28/95; 91-06-022, § 448-13-060, filed 2/26/91, effective 3/29/91.]