Okla. Admin. Code § 40:50-1-2.3

Current through Vol. 42, No. 4, November 1, 2024

Section 40:50-1-2.3 - Revocation or suspension of certification

(a) The Board may revoke or suspend certification of a device for any of the following reasons:

(1) A Defect in the design, materials or workmanship causing the device to fail to function as intended.

(2) A manufacturer's liability insurance coverage is terminated, cancelled or expired.

(3) A manufacturer no longer offers the device for installation.

(4) Receipt of a letter, on manufacturer letterhead, at the administrative offices of the Board requesting voluntary surrender of certification by the manufacturer of a certified device.

(5) Violation by a manufacturer, a manufacturer representative, vendor, licensed service center or licensed ignition interlock technician of any requirements in this title.

(6) The manufacturer, manufacturer representative, vendor, licensed service center or licensed ignition interlock technician fail to submit any report(s) in accordance with this title.

(7) False or inaccurate information provided by the manufacturer, manufacturer representative or independent laboratory relating to the performance of the device.

(8) Modification of the components or design of the device or modification of National Highway Traffic Safety Administration specifications that causes the device to no longer satisfy the current National Highway Traffic Safety Administration specifications.

(9) The device fails to meet the requirements for certification or is no longer in compliance with all the requirements in this title.

(10) Changes in the ignition interlock device technology are such that continued certification of the device would, as determined by the Board, not be in the best interest of the state of Oklahoma.

(b) The Board shall forward the notice and order of revocation or suspension of the certification of a device to the manufacturer representative.

(1) The notice and order of revocation or suspension shall specify the basis for the action.

(2) The manufacture shall:

(A) On the effective date of an order of revocation or suspension, cause the immediate cessation of installations of any certified or decertified device.

(B) Be responsible for, and shall bear the cost of:

(i) Removal of the revoked device and facilitate the simultaneous installation of another certified device of the participant's choice, regardless of the manufacturer of the device being substituted or the location of the licensed service center chosen by the participant.

(ii) Retrieval of the revoked device if removed by a licensed service center representing a different manufacturer. Upon removal, the licensed service center removing the revoked device shall notify the manufacturer representative of the revoked device as to where the revoked device may be retrieved.

(iii) Reimburse the participant, within 30 days of removal of the revoked device, all monies paid by the participant for deposits, unrealized lease or advance payments remitted on behalf of the participant for unrealized services.

(iv) The manufacturer shall make every reasonable effort to notify all participants effected by the revocation of a certified device 30 days before the revocation will occur, or as soon as possible.

(c) The Board will not consider certification of a device from a manufacturer that fails to comply with the provisions stated in this subsection.

Okla. Admin. Code § 40:50-1-2.3

Added at 27 Ok Reg 2667, eff 8-26-10

Amended by Oklahoma Register, Volume 32, Issue 24, September 1, 2015, eff. 9/11/2015

Amended by Oklahoma Register, Volume 38, Issue 24, September 1, 2021, eff. 9/11/2021