Section 39.03.49.500 - PRIMARY RESPONSIBILITIES OF AGENCIES/OFFICES MONITORING THIS RULEListed below are some of the primary responsibilities of the indicated offices/agencies, as outlined in this rule.
01.Testing Lab. a. Test devices for minimum standards.b. Submit notarized statement and copy of the Certification Test Report to manufacturer.c. Keep log of test results.02.Manufacturer or Manufacturer's Representative.a. Submit device to lab for testing.b. Install, maintain and remove device as required by court.c. Set interlock level as established by Idaho Code.d. Submit quarterly (or more frequent) maintenance reports to originating court or its designee.e. Upon request, submit quarterly reports to the Department summarizing periodic device examinations and all complaints received.f. Provide court, diversion program administrator or its designee, or lessee and Department with statement of charges and/or any additional fees.g. Provide lessee with service and repair information.h. Provide the Department with proof of insurance annually.i. Report any attempt to disconnect any device to originating court, diversion program administrator or its designee.j. Advise court, diversion program administrator or its designee before removing any device unless authorized or in need of immediate repair.03.Idaho Transportation Department.a. Maintain a list of known calibration/service locations in the state.b. Issue Letter of Certification for each device model to manufacturer.c. When necessary, revoke Letter of Certification.d. Maintain file of all letters.e. Maintain file of statement of charges (by device model).f. Maintain proof of insurance.04.Court.a. The judge or prosecuting attorney as the diversion program administrator or their designee will order device installation, maintenance and removal.b. The trial court administrator, diversion program administrator or their designee of the originating court will receive maintenance reports on each device installed pursuant to court order.c. The trial court administrator, diversion program administrator or their designee of the originating court will receive an itemized statement of charges.d. The trial court administrator, diversion program administrator or their designee of the originating court will receive manufacturer's reports of attempts to disconnect any device.e. The trial court administrator or diversion program administrator or their designee will receive reports and a declaration from the lessee's ignition interlock vendor, on a form provided or approved by the diversion program administrator or their designee, certifying that none of the following incidents occurred while the system was installed in the lessee's vehicle(s):i. Attempt to start vehicle with a BAC of zero point zero four (0.04) or more;ii. Failure of the lessee to take any random test; oriii. Failure of the lessee to pass any random retest with a BAC of zero point zero two five (0.025) or lower.iv. Failure of the lessee to appear when required at vendor's place of business for maintenance, repair, calibration, monitoring, inspection or replacement of the system.05.Lessee. a. Have device installed and maintained as ordered by court.b. Receive itemized statement of charges and remit fees as scheduled.c. Receive and comply with guidelines regarding repairing and maintaining the vehicle in good working order.Idaho Admin. Code r. 39.03.49.500