Is the Division of Forensic Sciences Required to Seek Approval of Testing Methods Through the Administrative Procedure Act ?
In State v. Richardson, 186 Ga. App. 888, 889 (368 S.E.2d 825) (1988), the Court addressed the contention that the 20-minute rule was one of the breath-testing methods approved by the Division of Forensic Sciences (DFS) and that failure to comply with the rule required exclusion of the test results.
The Court rejected the contention on the basis that approval of testing methods must be sought through the Administrative Procedure Act (APA), and there was no evidence the DFS had ever sought approval of such a 20-minute rule through the APA. Id. at 889;
Stinson v. State, 203 Ga. App. 225, 226 (416 S.E.2d 765) (1992);
Rindone v. State, 210 Ga. App. 639, 641 (437 S.E.2d 338) (1993).
Subsequent to these decisions, the legislature enacted O.C.G.A. 35-3-155, which provides that the DFS need not seek approval of testing methods through the APA. Price v. State, 269 Ga. 222, 225 (498 S.E.2d 262) (1998).