Ariz. Admin. Code § 17-5-606

Current through Register Vol. 30, No. 45, November 8, 2024

Section R17-5-606 - Application Completeness; Denial of Ignition Interlock Device Certification; Hearing

A. An application for certification of an ignition interlock device model is complete when the Department receives:

1. From the manufacturer, a properly prepared application form;

2. From the manufacturer, all additional items required under R17-5-604(C);

3. From the Department of Public Safety, under A.R.S. § 28-1462, written confirmation or disapproval of the independent laboratory's report that the ignition interlock device meets or exceeds the NHTSA specifications in R17-5-604(C); and

4. From the manufacturer, a letter or notification that the device meets the following standards:

a. The anticircumvention features in R17-5-603(E),

b. The data storage capacity requirement in R17-5-603(I)(2), and

c. The constant communication requirement in R17-5-610(O).

B. The Director shall deny an application for certification of an ignition interlock device model if all requirements of subsection (A) are not met, or on finding any of the following:

1. The design, material, or workmanship is defective, causing the ignition interlock device model to fail to function as intended;

2. The manufacturer's product liability insurance coverage is terminated or canceled;

3. The manufacturer no longer offers the ignition interlock device model for installation under Arizona law;

4. The manufacturer or the independent laboratory provided false or inaccurate information to the Department relating to the performance of the ignition interlock device model;

5. The components, design, or installation and operating instructions have undergone a modification that causes the ignition interlock device model to be out of compliance with the NHTSA specifications in R17-5-604(C), the requirements in this Article; or

6. The Department receives a report of device disapproval from an independent laboratory or other external reviewer.

C. The Department shall mail to the manufacturer, written notification of the certification or denial of certification of an ignition interlock device model. A notice denying certification of an ignition interlock device model shall specify the basis for the denial and indicate that the applicant may, within 15 days of the date on the notice, request a hearing on the Director's decision to deny certification by filing a written request with the Department's Executive Hearing Office as prescribed under 17 A.A.C. 1, Article 5.

D. If a manufacturer timely requests a hearing on the Director's decision to deny certification of an ignition interlock device model, the Department's Executive Hearing Office shall conduct the hearing as provided under A.R.S. Title 41, Chapter 6, Article 6, and 17 A.A.C. 1, Article 5.

Ariz. Admin. Code § R17-5-606

New Section recodified from R17-4-709.05 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-606 renumbered to R17-5-609; new R17-5-606 renumbered from R17-5-603 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018. Amended by final rulemaking at 26 A.A.R. 1047, effective 7/5/2020.