24 Va. Admin. Code § 35-60-60

Current through Register Vol. 41, No. 8, December 2, 2024

Section 24VAC35-60-60 - Suspension or revocation of ignition interlock device or service facility certification

A. The commission may indefinitely suspend or revoke certification of an ignition interlock device or ignition interlock service facility, and the Executive Finance Committee, for a period not to exceed 30 days, may suspend or revoke certification of an ignition interlock device or ignition interlock service facility for the following reasons:

1. When there is a voluntary request by a manufacturer to cancel certification of a device;

2. When a device is discontinued by the manufacturer;

3. When the manufacturer's liability insurance is terminated or canceled;

4. When the manufacturer or service provider attempts to conceal its true ownership;

5. When materially false or inaccurate information is provided relating to a device's performance standards;

6. When there are defects in design, materials, or workmanship causing repeated failures of a device;

7. When the manufacturer or service provider knowingly permits nonqualified service technicians to perform work;

8. When a manufacturer or service provider assists users with circumventing or tampering with a device;

9. When a service provider fails to fully correct an identified ignition interlock facility noncompliance issue within the timeframe required by the Code of Virginia, the provisions of this chapter, or a service provider contract;

10. When there is a pattern of identified interlock service facility noncompliance issues;

11. When a service provider impedes, interrupts, disrupts, or negatively impacts an investigation conducted by the commission involving customer service issues, vehicle damage, or other complaint brought forward by a third party; or

12. When there is an identified public safety or client confidentiality issue at an ignition interlock service facility.

B. If a suspension or revocation of an ignition interlock device or service facility certification occurs, the manufacturer or service provider may request, judicial review in accordance with the provisions of the Administrative Process Act (§ 2.2-4000 et seq. of the Code of Virginia). Should a revocation of certification be upheld, the manufacturer or service provider whose device has been revoked (i) shall be responsible for removal of all devices installed and serviced by the service provider that are subject to the revocation, and (ii) will bear the costs associated with the required removal and installation of new approved devices. In addition, the manufacturer or service provider whose device or facility is subject to the revocation shall continue to provide services for these ASAP offenders for a time to be determined by the commission, but no longer than 90 days.

C. When the certification of an ignition interlock device or ignition interlock service facility is suspended or revoked, service providers or manufacturers shall continue to provide services for ASAP offenders; however, no new ignition interlock installations shall be permitted during the period of suspension.

D. If a service provider terminates the contract or goes out of business, the manufacturer or service provider shall be responsible for removal of all devices installed and serviced by the service provider that terminates the contract or goes out of business and shall bear the costs associated with the required removal and installation of new approved devices. In addition, the manufacturer or service provider that terminates the contract or goes out of business shall continue to provide services for these ASAP offenders for 90 days from the date of the service provider's notification to the commission that they will be terminating ignition interlock services in Virginia.

24 Va. Admin. Code § 35-60-60

Derived from Virginia Register Volume 26, Issue 5, eff. January 1, 2010; Amended, Virginia Register Volume 32, Issue 21, eff. 7/18/2016; Amended, Virginia Register Volume 37, Issue 14, eff. 7/1/2021.

Statutory Authority: § 18.2-270.1 and 18.2-270.2 of the Code of Virginia.