N.M. Admin. Code § 18.20.11.13

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

Section 18.20.11.13 - LICENSING OF SERVICE CENTERS

A. License required. No person may operate a service center without first having obtained a license from the Bureau in accordance with the requirements of this rule.

B. Application required. A person wishing to obtain a license to operate a service center must file an application with the Bureau. A person may obtain an application by contacting the Bureau or accessing the Bureau's website at http://www.nmshtd.state.nm.us. The application shall include:

(1) the applicant's name, address, telephone number, fax number and e-mail address.

(2) the name, address, and telephone of three (3) character and employment references who are not family members.

(3) a copy of the applicant's limited history driving record from the Motor Vehicle Division, Driver Services Bureau dated no earlier than sixty (60) days before the date the application is filed with the Bureau.

(4) a state police background check on the applicant dated no earlier than sixty (60) days before the date the application is filed with the Bureau, or verification that the applicant submitted a request for a state police background check to the Department of Public Safety at least sixty (60) days before the date the application is filed with the Bureau.

(5) the applicant's resume or curriculum vitae.

(6) a copy of the standard agreement between the service center and sentenced drivers regarding the device. The agreement may require the sentenced driver to notify the service center operator if:

(a) the vehicle in which the device is installed is sold, stolen, repossessed, damaged beyond repair, permanently moved out of the service center operator's territory, or impounded and not to be returned; or

(b) the sentenced driver becomes disabled or dies.

(7) a copy of the agreement between the manufacturer and the service center.

(8) a fee schedule setting forth the cost a sentenced driver will pay for:

(a) installation of the device;

(b) monthly leasing of the device;

(c) a thirty (30) or sixty (60) day scheduled service visit;

(d) a violation service visit; and

(e) removal of the device.

C. Completeness. When the Bureau receives an application for a service center license, the Bureau shall check the application for completeness.

(1) If the application is incomplete, the Bureau shall contact the applicant for additional information.

(2) If the application is complete, the Bureau shall review the application.

D. Standards for issuance of service center license. In reviewing applications for service center licenses, the Bureau shall consider whether:

(1) the information provided by the applicant is accurate and valid;

(2) the character and employment references provided by the applicant report favorably on the applicant's character or employment experience;

(3) the applicant is at least eighteen (18) years of age;

(4) the applicant has not been sanctioned in any jurisdiction for circumventing or tampering with an ignition interlock device.

E. Issuance of license. If the Bureau determines that the applicant meets the standards in subsection D of this section, the Bureau will notify the applicant in writing that the Bureau has approved the application. The Bureau shall issue a license if, within thirty (30) days of approval, the applicant submits to the Bureau:

(1) the physical location of and type (fixed site or mobile unit) of service center the applicant will operate;

(2) the name of the manufacturer and the model or class of ignition interlock device to be installed;

(3) the name and address of the manufacturer, and the type (dry gas or wet bath) of reference sample to be used to calibrate the device.

(4) proof of garagemen's public liability insurance from an insurance company licensed to do business in New Mexico covering injury, death or property damage resulting from the installation, servicing, or removal of ignition interlock devices in an aggregate amount of not less than one million dollars ($1,000,000). The proof of insurance shall include a statement from the insurance company that it will notify the Bureau thirty (30) days before canceling the insurance.

(5) a signed statement that the applicant shall indemnify and hold harmless the state of New Mexico, the Bureau and its officers, employees and agents from all claims, demands and actions resulting from damage, death, or injury to persons or property which may arise, directly or indirectly, out of any act or omission by the service center operator or installer relating to the installation, servicing, or removal of an ignition interlock device.

(6) a signed statement that the applicant shall comply with all requirements of this rule.

F. Denial of license. If the Bureau determines that the applicant does not meet the standards in subsection D of this section, the Bureau shall issue a letter stating the reasons for denial of the license. A person may reapply for a license at any time.

G. Term. A service center license shall be valid until:

(1) the service center ceases operations;

(2) the manufacturer terminates its agreement with the service center;

(3) the Bureau suspends or revokes the license for cause as provided in this rule; or

(4) the Bureau requires license renewal for any reason.

H. Restriction on sale of license. A service center license may not be sold or transferred.

N.M. Admin. Code § 18.20.11.13

18.20.11.13 NMAC - Rp, 18 NMAC 20.11.10, 1-1-03