7 Del. Admin. Code § 1131-8.0
Current through Register Vol. 28, No. 1, July 1, 2024
Section 1131-8.0 - Certified emission repair technicians8.1 Emission repair technician certification. 8.1.1 An emission repair technician may be certified as trained to do emission repairs on all makes of vehicles or vehicles of a specific manufacturer. Auto repair technicians seeking to become certified under 7 DE Admin. Code 1131 shall meet one of the following requirements: 8.1.1.1 Applicants currently certified by the Department as of 06/12/2012 shall have up to 06/12/2017 to become ASE-L1 certified or present certification from an equivalent program which is approved by the Department.8.1.1.2 Applicants that are currently ASE-L1 certified as of 06/12/2012 shall be certified by the Department for the period the ASE-L1 certification is current.8.1.1.3 New applicants that have not been previously certified by the Department as of 06/12/2012 shall be ASE-L1 certified or present certification from an equivalent program which is approved by the Department and the Division.8.1.2 A certified emission repair technician certification or any renewal thereof shall be valid for a period not to exceed five years from the date of issuance, unless sooner revoked by order of the Department, and may be renewed upon application to and approval by the Department.8.1.3 At the time of application to receive certification, a certified emission repair technician shall also make application in accordance with subsection 8.3 to receive a permit to conduct on-board diagnostics testing of vehicles that are not in compliance with 21 Del.C. § 2115.8.2 Vehicle on-board diagnostics testing permit.8.2.1 Applicability. Vehicle on-board diagnostics testing permits shall be issued to all certified emission repair technicians to conduct on-board diagnostics testing of vehicles that are not in compliance with 21 Del.C. § 2115.8.2.2 General provisions. 8.2.2.1 This regulation establishes the procedures that satisfy the requirement of 7 Del.C. Ch. 67 to provide a permit to certified emission repair technicians to conduct on-board diagnostics testing of vehicles that are not in compliance with 21 Del.C. § 2115.8.2.2.2 Any approval granted by the Department pursuant to this regulation shall not relieve certified emission repair technician of the responsibility of complying with applicable local, State, and Federal laws and regulations.8.2.3 Cancellation of permits. 8.2.3.1 The Department may cancel the vehicle on-board diagnostics testing permit if the certified emission repair technician fails to maintain their certification as required by subsection 8.1.8.2.4 Action on applications. 8.2.4.1 If an application is disapproved, the Department shall set forth its objections in the notice of disapproval.8.2.4.2 Upon granting written approval for vehicle on-board diagnostics testing, the Department shall give notice of such approval to any person who has submitted a written request for such notice.8.2.5 Transfer of permit prohibited. No person shall transfer a vehicle on-board diagnostics testing permit to another person.
8.2.6 Availability of permit. Any permit issued by the Department pursuant to Section 8.0 shall be in the possession of the certified emission repair technician when operating vehicles that are not in compliance with 21 Del.C. § 2115 in order to conduct on-board diagnostics testing.
8.2.7 Permit expiration. A vehicle on-board diagnostics testing permit or any renewal thereof shall be valid for a period not to exceed five years from the date of issuance, unless sooner revoked by order of the Department, and may be renewed upon application to and approval by the Department.
8.3 Permit and certified emission repair technician application.8.3.1 Any person identified in subsections 8.1 and 8.2.2 shall submit to the Department complete applications for a vehicle on-board diagnostics testing permit and certified emission repair technician certification on forms furnished by the Department. Permit and certification application forms are available from the Department upon request.8.3.2 The application shall include the following: 8.3.2.1 Applicant's contact information.8.3.2.2 Name and location of auto repair facility where applicant is employed.8.3.2.3 Applicant's emission repair certification information.8.3.2.4 Name of certifying organization.8.3.2.6 Date certification expires.8.3.2.7 Insurance Information (e.g. Shopkeeper's or Garage Keeper's Policy) including policy number, policy expiration date and name of issuing agent.8.3.2.8 The application shall contain the following language from the applicant: "I certify, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete."8.3.3 The applicant shall submit any additional information requested by the Department deemed necessary to process the application.8.4 Permit and certified emission repair technician certification fees. 8.4.1 Pursuant to with 7 Del.C. § 6706, the Department may establish permit fees to recover costs reasonably related to the issuance of such permits.8.4.2 The permit fee shall be $125 for the five year period covering the permit and certification of the certified emission repair technician.8.4.3 Permits issued for any period less than five years shall be pro-rated the permit fee $25 per year for each year of the permit.7 Del. Admin. Code § 1131-8.0
26 DE Reg. 602 (1/1/2023) (Final)