Brown, J.
. . . Piotrowski filed a Motion to Exclude Any Evidence or Testimony from the State Department of Toxicology (the “Motion to Exclude”) stating that the Indiana University School of Medicine State Department of Toxicology, governed under Title 21 of the Indiana Code (the “Title 21 Department”), was legally terminated by Pub. L. No. 158-2011, effective July 1, 2011, and codified at Ind. Code §§ 10-20-2, that Ind. Code § 10-20-2-7 provided for a transition from the Title 21 Department to the new State Department of Toxicology (the “Title 10 Department”), that the rules promulgated by the Title 21 Department did not apply to the Title 10 Department as of July 1, 2012, when the transition period codified at Ind. Code § 10-20-2-7(d) expired, and that “[i]n the absence of any rule making authority and in the absence of any new rules adopted by the Title 10 Department, no existing regulations or laws relating to procedures for the training of officers, or for certification or adoption of breath test machines are effective under the Title 10 Department.” Appellant’s Appendix at 56. The Motion to Exclude concludes that “[a]s a result, any certificates of training and/or maintenance or calibration or certification of machines dated after July 1, 2012 have been issued without legal authority by the Title 10 Department and should not be considered as evidence in this cause.” Id.
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After reviewing the relevant statutes, we find that the legislature intended Ind. Code § 10-20-2-7 to effectuate a transfer of control of the Department of Toxicology from the Indiana University School of Medicine to the State of Indiana. Although the legislature transferred rulemaking authority to the State, it did not specifically require the State to promulgate a new set of rules regarding breath testing and gave the State discretion to rely upon the rules previously in existence. Accordingly, we conclude that the court did not err when it denied Piotrowski’s Motion to Exclude. Cf. Van Allen, 467 N.E.2d at 1215 (noting that “where the legislative intendment requires that prior legislation remain in force until the administrative body has enacted substitute regulations, a repeal [of the old rules and regulations] takes place only at the time the [new] administrative regulations go into effect”) (quoting 1A C.D. SANDS, SUTHERLAND STATUTORY CONSTRUCTION § 23.10, at 191 (1972)).
ROBB, J., and BARNES, J., concur.