1. (a) The minimum qualifications for certification as a technical supervisor are:

   1. (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. (2) satisfactory completion of a course of instruction as set forth in §19.4(a)(1) of this title (relating to Operator Certification);

   3. (3) satisfactory completion of technical supervisor training that is approved by the scientific director, the content of which shall include, but not be limited to:

      1. (A) advanced survey of current information concerning alcohol and its effects on the human body;
      2. (B) operational principles and theories applicable to the program;
      3. (C) instrument operations, maintenance, repair, and calibration;
      4. (D) legal aspects of breath alcohol analysis;
      5. (E) principles of instruction;
   4. (4) knowledge and understanding of the scientific theory and principles as to the operation of the instrument and reference sample device.
   5. (5) Prior to receiving certification, a technical supervisor candidate must establish proof of engagement in a certified program or a certified school of instruction or proof of pending engagement upon receipt of certification. (If the technical supervisor candidate or certified technical supervisor cannot establish proof of being actively engaged in a certified program or certified school of instruction, certification will be denied or inactivated.)
   6. (6) Persons who have been convicted of a felony, theft, or a crime of moral turpitude shall not be eligible to become a certified technical supervisor.

2. (b) Certification.

   1. (1) Upon satisfactory proof to the scientific director by the applicant that the minimum qualifications set forth in subsection (a) of this section have been met, the scientific director will issue certification that will be valid until inactivated, suspended, or revoked for cause.
   2. (2) Technical supervisor certification may be voluntarily inactivated when it is no longer needed or automatically if the technical supervisor fails to maintain the requirements set forth in subsection (a)(5) of this section.
   3. (3) Technical supervisor certification may be suspended or revoked only by the scientific director for malfeasance, falsely or deceitfully obtaining certification, or failure to carry out the responsibilities set forth in these regulations.
   4. (4) A technical supervisor whose certification has been suspended or revoked may appeal such action in writing to the director, Texas Department of Public Safety, who will decide whether the action of the scientific director will be affirmed or set aside. The director may reinstate certification of the technical supervisor making such appeal under such conditions deemed necessary and notify the scientific director in writing.
3. (c) Certificate. The issuance of a certificate to the technical supervisor shall be evidence that the technical supervisor has met the requirements for certification.

Source Note:The provisions of this §19.5 adopted to be effective January 1, 1976; amended to be effective April 4, 1984, 9 TexReg 1701; amended to be effective September 8, 1986, 11 TexReg 3800; amended to be effective November 30, 1990, 15 TexReg 6602; amended to be effective August 4, 1998, 23 TexReg 7842.