Current through Vol. 42, No. 1, September 16, 2024
(a)
Inactivation. Inactivation
refers to the voluntary or temporary discontinuance of a license.
(1) A service center license may be
inactivated by the Board:
(A) Upon request
from the vendor or service center manager, or
(B) If the service center no longer employs
at least one (1) licensed ignition interlock technician.
(2) A licensed service center whose license
has expired or no longer meets all the requirements for licensure shall be
inactivated.
(3) Upon inactivation,
the Board shall forward the notice and order of inactivation of the service
center license to the vendor and service center manager specifying the basis
for the inactivation.
(4)
Inactivation shall be used for administrative program control to safeguard the
scientific integrity of the device program.
(b)
Suspension. Suspension
refers to the immediate curtailment of a license.
(1) Suspension of a service center license
may be initiated by a designated representative of the Board when, because of
unreliability, incompetence, or violation of these rules, the service center is
not in compliance with the provisions stated in these rules or when, in the
opinion of the designated representative of the Board, the continuance of such
licensure would not uphold the scientific integrity of the device program and
enforcing these rules.
(2) Upon
suspension the designated representative of the Board shall provide the vendor
and service center manager with a notice and order of suspension of the service
center license specifying the basis for the suspension.
(3) The Board, in its sole discretion, shall
determine the period of suspension.
(4) A suspension curtails any license issued
to the service center for the period of suspension until reinstatement of the
license.
(5) Suspension issued by
the Board may prohibit the issuance of official installation verification
forms, or the provision of calibration and maintenance services, or
both.
(6) Suspension shall be for
the purpose of maintaining the scientific integrity of the device program and
enforcing these rules.
(7)
Licensure of a service center whose license has been suspended will require a
written request from the applicant to the Board and successful completion of
the original requirements for licensure outlined in this subsection.
(c)
Revocation.
Revocation refers to the immediate cancellation of a license.
(1) A service center license may be revoked
by the Board when, in the opinion of the Board, the service center no longer
meets the requirements of these rules because of unreliability, incompetence,
or violation of these rules, or in any case where, in the opinion of the Board,
continuance of licensure would not uphold the scientific integrity of the
ignition interlock program.
(2) A
revocation cancels any license issued to the service center for the period of
revocation.
(3) The Board, in its
sole discretion, shall determine the period of revocation.
(4) Upon revocation, the Board shall forward
the notice and order of revocation of the service center license to the vendor
and service center manager specifying the basis for the revocation.
(5) During the period of revocation, the
revoked service center shall cease any and all activities related to the
installation, maintenance and calibration, removal and any other services
related to any device in the state of Oklahoma.
(6) Licensure of a service center whose
license has been revoked will require a written request from the applicant to
the Board and successful completion of the original requirements for licensure
outlined in this subsection.
(7)
Revocation shall be for the purpose of maintaining the scientific integrity of
the device program and enforcing these rules.
(d) A manufacturer shall be responsible for
providing continuing service by a licensed service center during the
installation period, without interruption, should a service center's license be
inactivated or revoked. The vendor, on or before the effective date of an order
for inactivation or revocation shall cause the immediate cessation of
installation, maintenance and calibration, removal and any other services
related to any device at the inactivated or revoked service center. Any
inactivated or revoked service center shall not be able to generate official
installation verification forms.
(e) If the inactivated or revoked service
center is being replaced by the manufacturer, the new licensed service center
must be located within 40 driven miles, as determined by the Board, of the
service center that was inactivated or revoked. Failure of the manufacturer to
license a new service center in accordance with this paragraph within 30 days
of the in-activation or revocation will subject the manufacturer to the
provisions of paragraph (f) of this rule. All reasonable efforts shall be made
by the manufacturer representative to obtain participant records and data from
the service center being replaced and provide them to the new licensed service
center. The new licensed service center shall credit each participant all
monies paid to the inactivated or revoked service center by the participant for
deposits, unrealized lease or services.
(f) If the new licensed service center is not
located within 40 driven miles, as determined by the Board, of the inactivated
or revoked service center or the inactivated or revoked service center is not
being replaced within the timeframe established by paragraph (e) of this rule,
the manufacturer shall:
(1) Make all
reasonable efforts to obtain participant records and data from the service
center being inactivated or revoked.
(2) Be responsible for, and shall bear the
cost of:
(A) Removal of the installed 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.
(B) Retrieval of the
device removed by a licensed service center representing a different
manufacturer. Upon removal, the licensed service center removing the original
device shall notify the vendor, as soon as possible, of the original device as
to where the original device may be retrieved.
(3) Reimburse the participant, within 30 days
of removal of the original device, all monies paid to the inactivated or
revoked service center by the participant for deposits, unrealized lease or
advance payments remitted on behalf of the participant for unrealized
services.
(4) The manufacturer
shall make every reasonable effort to notify all participants effected by the
inactivation or revocation of a service center's license 30 days before the
inactivation or revocation will occur, or as soon as is possible.
Added at 27 Ok Reg 2667,
eff 8-26-10
