Current through Register Vol. 63, No. 3, March 1, 2024
(1) The Department may certify a person as a
Clean Diesel Service Provider.
(2)
A Clean Diesel Service Provider must:
(a)
Provide applicants with information about Department tax credit, grant, and
loan regulations applicable to the repower or retrofit, and may assist
applicants with the tax credit, grant, and loan application forms;
(b) Install repowers and retrofits according
to tax credit, grant, and loan regulations;
(c) Provide applicants with warranty
information, estimated annual maintenance costs, an anticipated maintenance
schedule, and any other information needed to maintain performance of the
repower or retrofit; and
(d) Verify
the quality and performance of an installation.
(3) The Department may certify a person as a
Clean Diesel Service Provider on one or more technologies.
(4) To obtain certification as a Clean Diesel
Service Provider, the person must demonstrate:
(a) One or more employees have technical
expertise with repower and retrofit technology;
(b) Possession of equipment required to
analyze a diesel engine to determine appropriate retrofit or repower
technology;
(c) One or more
employees are trained in technology selection, installation, and support of
exhaust emission devices or repowering engines;
(d) Professionalism while interacting with
the Department and applicants;
(e)
Evidence that the person has been authorized to do warranty work or install
devices or engines to maintain warranty; and
(f) Other qualifications required by the
Department.
(5) The
Department may revoke the certification of a Clean Diesel Service Provider if
the Department finds that the person or one or more of its employees:
(a) Obtained certification by fraud or
misrepresentation;
(b) Performed an
installation that does not meet industry standards. The Department may find
that the Clean Diesel Service Provider's performance does not meet industry
standards if the person or one of its employees:
(A) Does not carry the required level of
insurance, licensure or bonding set by the Department;
(B) Fails to install the repower or retrofit
in compliance with standards adopted under OAR
340-016-0210 through
340-016-0260
and
340-259-0010
through
340-259-0065;
(C) Fails to install the repower or retrofit
system in a professional manner as determined by the Department;
(D) Fails to install the repower or retrofit
system to comply with manufacturers' published specifications;
(E) Fails to honor contract
provisions;
(F) Fails to honor a
warranty that they are contractually obligated to perform;
(G) Fails to make corrections to remedy
failure to comply with paragraphs (A) through (G) of this subsection requested
by the Department within 30 days of written notification identifying the
problem from the Department, unless a time extension is granted by the
Department; or
(H) Does not meet
eligibility requirements in subsection (4).
(c) Misrepresented to the applicant either
the tax credit, grant, or loan program or the nature or quality of the repower
or retrofit by:
(A) Providing false or
misleading information to the applicant regarding the availability, amount or
nature of the tax credit, grant, or loan;
(B) Providing false or misleading information
to the applicant regarding the tax credit, grant, or loan
application;
(C) Providing false or
misleading information to the applicant regarding eligibility standards for the
tax credit, grant or loan;
(D)
Misrepresenting the nature of the performance of the repower or retrofit or
claimed excess emission reductions to the applicant and to the
Department;
(E) Misrepresenting the
cost of a repower or retrofit;
(F)
Misrepresenting a competitor's product or service; or
(G) Failing to make corrections requested in
writing by the Department to remedy violations of (A) through (F) of this
subsection within 30 days, unless more time is allowed by the
Department.
(6) Certification is not a guarantee or
warranty of any kind that the Clean Diesel Service Provider will properly
install any individual repower or retrofit or perform any other work as
certified. As a condition of certification, the Department may require the
person to defend, indemnify and hold the Department harmless from any claims
related to work performed by the person related to its certification.
Stat. Auth.: OL 2007, Ch. 855 (HB 2172 (2007)), OL 2007, Ch.
843 (HB 3201 (2007)).
Stats. Implemented: OL 2007, Ch. 855 (HB 2172 (2007)), OL
2007, Ch. 843 (HB 3201 (2007)).