N.J. Admin. Code § 13:51-1.3 - Certification

(a) For the purpose of prosecution, no operator may conduct a valid analysis of an arrested person's breath under the provisions of 39:4-50.3, 39:3-10.2 5 or 12:7-56, unless such operator has been issued a valid operator's certificate which is valid at the time of the analysis of an arrested person's breath and which attests that such operator is then qualified and competent to conduct such analysis utilizing an approved method and an approved instrument as set forth at N.J.A.C. 13:51-3.

(b) Certification of a person as a Breath Test Operator shall be by recommendation of the Superintendent of the State Police to the Attorney General upon the satisfactory completion of training as more fully set forth at 13:51-1.6.

(c) Certificates or replica certificates bearing the signature or facsimile signature of the Superintendent and the Attorney General shall be considered as bearing valid signatures and are not required to bear the signature or facsimile signature of the individual currently holding the office of Superintendent or Attorney General.

(d) Certification of a person as a Breath Test Operator is a training certification only. Certification does not mean that a Chief of Police or other executive head of the organized police department of which the Operator is a sworn law enforcement officer must employ or otherwise assign that person to duties consistent with the certification. The decision to assign a law enforcement officer to specific duties is a decision that is solely within the authority and discretion of the employing authority.

Notes

N.J. Admin. Code § 13:51-1.3

Amended by R.1987 d.229, effective 5/18/1987.
See: 19 New Jersey Register 444(b), 19 New Jersey Register 882(b).
Added N.J.S.A. 12:7-56.
Amended by R.1991 d.505, effective 10/7/1991.
See: 23 New Jersey Register 2248(b), 23 New Jersey Register 3032(c).
In (a), added "N.J.S.A. 39:3-10.25".
Amended by R.1999 d.87, effective 3/15/1999.
See: 30 New Jersey Register 4321(a), 31 New Jersey Register 253(b), 31 New Jersey Register 770(b).
In (a), substituted "valid" for "current" following "which is"; and added (c) and (d).