250 Neb. Admin. Code, ch. 1, § 005
The provider may designate representatives to install ignition interlock devices. The installers are direct agents of the provider, and the provider is responsible for the actions of the installers. The installers must adhere to these rules and regulations in the same manner as the provider, and the provider is responsible for training and instructing the installers in the requirements of these rules and regulations. A provider may be removed from the list of approved ignition interlock devices for the action or inaction of the provider's installer.
The provider must have at least one designated representative installer physical location in each of the 12 probation districts in Nebraska. Each physical location must be a full service facility that can install, calibrate, service and remove ignition interlock devices. Although mobile service may be offered in Nebraska, it shall not be a substitute for the 12 physical locations.
The provider shall provide a list of addresses and contact information of the provider's installers to the Department and to the Nebraska Supreme Court Office of Probation Administration, P.O. Box 98910, Lincoln, NE 68509 by January 15 of each year. The addresses and/or contact information may be changed as necessary but notice of any change or changes shall be sent to the Department and Office of Probation Administration prior to the effective date of the change or changes.
The provider shall provide a schedule of fees for services to the Department. Such fee information shall be sent to the Department by January 15 of each year or upon any changes. This schedule will be used to calculate reimbursements from the indigent fund.
The provider shall have and maintain general business insurance and product liability insurance for the ignition interlock device for which approval is sought. The provider shall require each of its installers to have and maintain general liability insurance, and may require other insurance.
The provider shall agree to indemnify the State of Nebraska, its employees, agents, assignees, and legal representative with respect to any liabilities, demands, claims, suits, losses, damages, causes of action, fines or judgments and expenses related thereto which may in any manner accrue or be asserted against the State, the Department, its employees, agents, assignees and legal representatives that arise in connection with installation and/or use of an ignition interlock device and shall hold the State harmless.
Representatives of the Department shall have the right to inspect the premises of any location within the State of Nebraska where the provider installs ignition interlock devices, to test devices, and to audit drivers' records.
Every provider shall cooperate with and report to the Department, the courts, district probation offices, and the Board in this state in the manner as may be required by such agencies. Whenever it comes to the attention of the Director that a provider has failed to cooperate with authorities or to comply with any rule or requirement of the Department, the courts, district probation offices, or Board, such failure will be grounds for removing the provider from the list of approved ignition interlock devices. Receipt of timely information by the Department that the issue has been resolved may avoid removal of the provider from the approved list.
The provider shall electronically report to the Department hourly. The Department's electronic database of these reports will be accessible to the court, district probation office, and the Board. The following occurrences shall be reported:
Prior to installation of an interlock device, the provider shall verify that the motorist is eligible for an IIP by using the Department's internet site Click DMV, Driver License Services, Check Ignition Interlock Eligibility. If the motorist is ineligible, no interlock device will be installed.
The provider shall provide copies of all records for any driver/client to law enforcement officers or representatives of the Department, a court, district probation office, or the Board, upon request. This shall include, but is not limited to, records of installation, calibration, maintenance checks, usage records, disclaimer forms, images, and incident reports of any driver or drivers or any or all of their ignition interlock devices placed in service in Nebraska. A provider shall retain all of a driver's ignition interlock records for at least one year after the ignition interlock device has been removed from the driver's motor vehicle or motor vehicles.
The provider shall provide continuing access to its own database of Nebraska drivers to law enforcement, the Department, a court, district probation office, or the Board, upon request by the Department.
The Department shall give written notice to the provider if the Department identifies any action or inaction that violates 005.01, 005.02, or 005.08, supra. The provider shall have 30 days from the mailing of the notice to comply or cure the defect. The provider will provide written notification to the Department specifying the course of corrective action.
250 Neb. Admin. Code, ch. 1, § 005