N.M. Admin. Code § 18.20.11.24

Current through Register Vol. 36, No. 1, January 14, 2025

Section 18.20.11.24 - SUSPENSION OR REVOCATION OF APPROVAL OF AN IGNITION INTERLOCK DEVICE

A. The Bureau may suspend or revoke its approval of an ignition interlock device if:

(1) the Bureau has evidence of repeated device failure due to gross defects in design, materials, or manufacture.

(2) the manufacturer's product liability insurance or surety bond has been cancelled or terminated.

(3) the manufacturer has failed to abide by its plan to provide service within forty-eight (48) hours at a service center located within one hundred (100) miles or two (2) hours, whichever is less, of a driver's residence or place of business.

(4) the manufacturer requests the Bureau to remove a device from the list of approved devices.

(5) the Bureau finds that the device does not meet the requirements of this rule.

(6) the Bureau has reasonable cause to believe the device was inaccurately represented to meet the requirements of this rule.

(7) the manufacturer has failed to reimburse the Bureau for costs incurred in providing testimony requested by the manufacturer in a civil or criminal proceeding involving the approval or use of an ignition interlock device.

(8) the Bureau determines that changes in ignition interlock device technology are such that continued approval of the device would not be in the best interests of New Mexico.

(9) the manufacturer fails to pay all required fees for the interlock device ("indigency") fund to the New Mexico Department of Finance and Administration.

B. The suspension or revocation shall be effective thirty (30) days after notice is sent to the manufacturer via certified mail, return receipt requested, except in cases where the Bureau determines immediate suspension or revocation is necessary for the safety and welfare of the citizens of New Mexico.

C. A manufacturer may request a review of a suspension or revocation. This request shall be submitted to the Bureau in writing within thirty (30) days of the suspension or revocation. The Bureau shall conduct such review in accordance with the procedures prescribed in the Uniform Licensing Act, NMSA 1978 Sections 61-1-1 et seq.

D. Upon suspension, revocation, or voluntary surrender of an approval, a manufacturer shall notify each of its service center operators in New Mexico that the service center operator shall:

(1) not install that model or class of device in any driver's vehicle after the effective date of the suspension, revocation, or voluntary surrender; and

(2) shall remove all such devices from drivers' vehicles. A manufacturer shall be responsible for all costs connected with removing such devices and installing new devices from the Bureau's list of approved devices.

N.M. Admin. Code § 18.20.11.24

18.20.11.24 NMAC - N, 1-1-03