Agencies | Governor
Virginia Regulatory Town Hall
Department of Forensic Science
Forensic Science Board
Regulations for Breath Alcohol Testing [6 VAC 40 ‑ 20]
This action is part of the regulatory reform initiative.
Amendment to Change Certain Mail Delivery Methods and Forms
General Information
Action Summary The proposed amendments to 6 VAC 40-20 make two minor changes to the existing regulations. First, the amendments add the term “or equivalent delivery method” to 6 VAC 40-20-140. This amendment allows the Department of Forensic Science (DFS or the Department) to deliver notice of the revocation of breath instrument instructor or operator licenses or certificates via certified U.S. mail as well as other equivalent delivery methods, such as signature required Federal Express or UPS delivery. The use of private carriers for mail delivery is, at times, more cost effective than U.S. mail. This change will allow DFS to utilize the least expensive mail delivery option. Second, the proposed amendments to 6 VAC 40-20-160 strike language about the preventive maintenance checklist, which was applicable to a breath instrument which is no longer used in the Commonwealth. The amendments add language regarding the availability of breath test worksheets relevant to the instruments currently in use.
Chapters Affected Only affects this chapter.
Exempt from APA No, this action is not exempt from Article II of the APA and executive branch review.
RIS Project Yes  [003740]
New Periodic Review This action will not be used to conduct a new periodic review.
Stages associated with this regulatory action.
Stage ID Stage Type Status
6588 Fast-Track Stage complete. This regulation became effective on 01/17/2014.
Contact Information
Name / Title: Amy Jenkins  / Department Counsel
Address: 700 North 5th Street
Richmond, VA 23219
Email Address:
Phone: (804)786-6848    FAX: (804)786-6857    TDD: ()-

This person is the primary contact for this agency.