Oklahoma Administrative Code
Title 40 - Board of Tests for Alcohol and Drug Influence
Chapter 50 - Ignition Interlock
Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians
Section 40:50-1-2.3 - Revocation or suspension of certification
Universal Citation: OK Admin Code 40:50-1-2.3
Current through Vol. 42, No. 1, September 16, 2024
(a) The Board may revoke or suspend certification of a device for any of the following reasons:
(1) A Defect in the design, materials or
workmanship causing the device to fail to function as intended.
(2) A manufacturer's liability insurance
coverage is terminated, cancelled or expired.
(3) A manufacturer no longer offers the
device for installation.
(4)
Receipt of a letter, on manufacturer letterhead, at the administrative offices
of the Board requesting voluntary surrender of certification by the
manufacturer of a certified device.
(5) Violation by a manufacturer, a
manufacturer representative, vendor, licensed service center or licensed
ignition interlock technician of any requirements in this title.
(6) The manufacturer, manufacturer
representative, vendor, licensed service center or licensed ignition interlock
technician fail to submit any report(s) in accordance with this
title.
(7) False or inaccurate
information provided by the manufacturer, manufacturer representative or
independent laboratory relating to the performance of the device.
(8) Modification of the components or design
of the device or modification of National Highway Traffic Safety Administration
specifications that causes the device to no longer satisfy the current National
Highway Traffic Safety Administration specifications.
(9) The device fails to meet the requirements
for certification or is no longer in compliance with all the requirements in
this title.
(10) Changes in the
ignition interlock device technology are such that continued certification of
the device would, as determined by the Board, not be in the best interest of
the state of Oklahoma.
(b) The Board shall forward the notice and order of revocation or suspension of the certification of a device to the manufacturer representative.
(1) The notice
and order of revocation or suspension shall specify the basis for the
action.
(2) The manufacture shall:
(A) On the effective date of an order of
revocation or suspension, cause the immediate cessation of installations of any
certified or decertified device.
(B) Be responsible for, and shall bear the
cost of:
(i) Removal of the revoked device
and facilitate the simultaneous installation of another certified device of the
participant's choice, regardless of the manufacturer of the device being
substituted or the location of the licensed service center chosen by the
participant.
(ii) Retrieval of the
revoked device if removed by a licensed service center representing a different
manufacturer. Upon removal, the licensed service center removing the revoked
device shall notify the manufacturer representative of the revoked device as to
where the revoked device may be retrieved.
(iii) Reimburse the participant, within 30
days of removal of the revoked device, all monies paid by the participant for
deposits, unrealized lease or advance payments remitted on behalf of the
participant for unrealized services.
(iv) The manufacturer shall make every
reasonable effort to notify all participants effected by the revocation of a
certified device 30 days before the revocation will occur, or as soon as
possible.
(c) The Board will not consider certification of a device from a manufacturer that fails to comply with the provisions stated in this subsection.
Added at 27 Ok Reg 2667, eff 8-26-10
Disclaimer: These regulations may not be the most recent version. Oklahoma may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
