(a) The primary function of the technical supervisor
is to provide the technical, administrative and supervisory expertise
in safeguarding the scientific integrity of the breath alcohol testing
program and to ensure the breath alcohol testing program's acceptability
for evidential purposes. The technical supervisor, in matters pertaining
to breath alcohol testing, is the field agent of the scientific director.
Supervision by the technical supervisor in accordance with the provisions
stated in these regulations shall include, but not be limited to:
(1) supervision of certified operators in performance
of breath alcohol test operations, including the proper completion
of forms and records, and operator's compliance with the provisions
stated in these regulations;
(2) supervision of certified instrumentation and affiliated
equipment;
(3) supervision of data gathered for initial certification
and/or approval of individual instruments;
(4) supervision of techniques and methods, maintaining
scientific integrity and upholding these regulations;
(5) selection and supervision of a site location as
it applies to security and technical suitability for testing;
(6) supervision of compliance with the policy of public
information and/or demonstrations of breath alcohol testing instruments
and equipment;
(7) all technical, administrative and regulatory aspects
of breath alcohol testing; and
(8) expert testimony by direct testimony or by affidavit
concerning all aspects of breath alcohol testing.
(b) The minimum qualifications for certification as
a technical supervisor are:
(1) a baccalaureate degree from an accredited college
or university with a major in chemistry, or as an alternative, a major
in another scientific field with sufficient semester hours in chemistry
or other qualifications as determined by the scientific director (for
the purposes of these regulations, sufficient hours in chemistry shall
be defined as successful completion of the equivalent of a minimum
of 18 semester hours of chemistry, no more than 8 of which may be
freshman level.);
(2) satisfactory completion of a course of instruction
as set forth in §19.4(a)(3) of this title (relating to Operator
Certification);
(3) satisfactory completion of technical supervisor
training approved by the scientific director, including, but not limited
to:
(A) advanced survey of current information concerning
alcohol and its effects on the human body;
(B) operational principles and theories applicable
to the program;
(C) instrument operations, maintenance, repair and
calibration;
(D) legal aspects of breath alcohol analysis;
(E) principles of instruction;
(4) knowledge and understanding of the scientific theory
and principles as to the operation of the instrument and associated
equipment;
(5) prior to certification, a technical supervisor
candidate must establish proof of association or pending association
with an agency of laboratory actively engaged in evidential breath
alcohol testing or with a course of instruction as set forth in §19.6
of this title (relating to Approval of Course of Instruction) upon
receipt of certification. If the technical supervisor candidate or
certified technical supervisor cannot establish such proof of association,
certification will, at the discretion of the scientific director,
be denied or inactivated;
(6) Conviction history:
(A) persons convicted of a felony or a Class A misdemeanor
shall not be eligible to be a certified technical supervisor;
(B) persons convicted of a Class B misdemeanor within
the last 10 years shall not be eligible to be a certified technical
supervisor;
(C) persons receiving a driver license suspension or
a denial to issue a driver license for refusal to submit to the taking
of a specimen per the provisions of Texas Transportation Code, Chapter
724 or Chapter 522 within the last 5 years shall not be eligible to
be a certified technical supervisor.
(c) Certification.
(1) Upon satisfactory proof to the scientific director
by the applicant that the minimum qualifications set forth in subsection
(b) of this section have been met, the scientific director will issue
certification for a period of time designated by the scientific director
unless inactivated or suspended.
(2) A certified technical supervisor is fully authorized
to conduct evidential subject tests and is not required to maintain
a separate certification as a breath test operator as set forth in §19.4
of this title (relating to Operator Certification).
(3) Technical supervisor certification may be voluntarily
inactivated when it is no longer needed or inactivated at the discretion
of the scientific director if the technical supervisor is no longer
associated with an agency or laboratory actively engaged in evidential
breath alcohol testing and/or with a course of instruction as set
forth in §19.6 of this title (relating to Approval of Course
of Instruction).
(4) Technical supervisor certification may be suspended
only by the scientific director for malfeasance, incompetence, falsely
or deceitfully obtaining certification, or failure to carry out the
responsibilities set forth in this subchapter.
(5) A technical supervisor whose certification has
been suspended may appeal such action in writing to the assistant
director of the major division responsible for crime laboratory activities,
Texas Department of Public Safety, who will decide whether the action
of the scientific director will be affirmed or set aside. The assistant
director may reinstate certification of the technical supervisor making
such appeal under such conditions deemed necessary and notify the
scientific director in writing.
(d) Certificate. The issuance of a certificate to the
technical supervisor shall be evidence that the technical supervisor
has met the requirements for certification.
(e) Renewal of current certification and recertification.
In order to maintain current certification, the technical supervisor
is required to renew certification prior to its expiration. The scientific
director shall determine the minimum requirement for renewal of technical
supervisor certification and for recertification after inactivation
or suspension.
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