N.Y. Comp. Codes R. & Regs. tit. 9 § 358.6

Current through Register Vol. 46, No. 25, June 18, 2024

Section 358.6 - Cancellation, suspension, and revocation of qualified manufacturers, installation/service providers, and certified ignition interlock devices

(a) Any of the following reasons may result in revocation of a certified ignition interlock device or suspension or removal of a qualified manufacturer or installation/service provider:

(1) when there is a voluntary request by a manufacturer to cancel certification of a device;

(2) when notified by the Department of Health that a device no longer meets their regulatory standards;

(3) when a device is discontinued by the manufacturer;

(4) when the manufacturer's liability insurance is terminated or cancelled;

(5) when the manufacturer or installation/service provider conceals or attempts to conceal its true ownership;

(6) when materially false or inaccurate information is provided relating to a device's performance standards;

(7) when there are defects in design, materials, or workmanship causing repeated failures of a device;

(8) when the manufacturer or installation/service provider knowingly permits nonqualified service technicians to perform work;

(9) when a manufacturer or installation/service provider assists users with circumventing or tampering with a device;

(10) when service or the submission of required reports is not provided in a timely manner as required by this Part;

(11) when the manufacturer or installation/service provider refuses to provide an ignition interlock device free of charge to an operator who has received a judicial waiver;

(12) when there is a pattern of substandard customer service;

(13) when a manufacturer or installation/service provider interferes with or obstructs a review or investigation by the division or any designee;

(14) when there are any other violations of the provisions contained in this Part, including division and Department of Health regulations, or any ignition interlock contractual agreement;

(15) upon verbal and/or written notification or communication of disapproval, suspension in whole or in part, revocation, or cancellation of a manufacturer's device, services, and/or operations by another state or jurisdiction;

(16) when a manufacturer or installation/service provider provides gratuities or any other personal incentives to a State or local official or any monitor for purposes of soliciting business; and

(17) when a manufacturer or installation/service provider conducts business in New York State outside of the designated region or regions of operation approved by the division.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 358.6

Amended New York State Register October 18, 2017/Volume XXXIX, Issue 42, eff. 11/15/2017