Okla. Admin. Code § 40:50-3-4
Current through Vol. 42, No. 8, January 2, 2025
Section 40:50-3-4 - [Effective 9/14/2025] Medical exemptions - employer exceptions - affordability accommodations(a)Medical exemptions.(1) only persons qualifying pursuant to 47 O.S. § 6-205 may seek exemption and does not grant the individual driving privileges. Such individuals seeking medical exemption shall: (A) submit a pulmonologist's certification indicating the person has a documented medical condition preventing the person from providing a breath sample of at least one and two-tenths (1.2) liters; and(B) enroll in BOT IDAP with the exception of an Installation Verification Form; and(C) not operate, drive, or be in actual physical control of a motor vehicle; and(D) complete the required program length.(2) Participants denied medical exemption may appeal the denial in accordance with 40:50-3-6.(b)Employer vehicle exceptions.(1) only persons subject to a first license revocation pursuant to 47 O.S. § 6-205 are eligible for employer exceptions. (A) BOT IDAP participants must have a device installed upon any vehicle they may operate that is owned or leased, as reflected on the vehicle registration, by an employer of the person for use by the person, except when the employer requests the ignition interlock device not be installed. Rental vehicles do not qualify for employer exception.(B) Such request shall be in writing and notarized on the official letterhead of the employer with a copy of the vehicle registration and submitted by the employer to the Board; provided, a request shall not be accepted by the Board under the following circumstances: (i) When the person is self-employed or owns part or all of the company or corporation, or exercises control over some part of the business which owns or leases the vehicle; or(ii) When the person is employed by a relative who is within the first degree of consanguinity or who resides in the same household.(2) Participants granted an employer exception are not relieved of the requirement to install an ignition interlock device on a vehicle as reflected on an Installation Verification Form. Such authorization for exception shall only apply to BOT IDAP participants operating employer vehicles under the course and scope of employment. IDAP participants shall keep the approved exception on his or her person while operating the employer vehicle. It is the Participant's responsibility to obtain an additional restriction from the state driver licensing authority.(3) Participants denied an employer exception may appeal the denial in accordance with 40:50-3-6.(c)Affordability accommodations.(1) Participants applying for affordability status for the purpose of the ignition interlock program shall be deemed to qualify for such status by showing valid proof that the person applying for accommodations is actively receiving benefits from one of the following state or federal public assistance programs listed below: (A) Temporary Assistance for Needy Families (TANF)(B) Supplemental Nutritional Assistance Program (SNAP)(2) Participants meeting affordability requirements shall receive the following credit that shall be distributed into the participants account by the manufacturer not to exceed a frequency of $25.00 per thirty (30) days.(A) $150.00 maximum credit for a first license revocation pursuant to 47 O.S. § 6-205.1(A)(1); or(B) $300.00 maximum credit for a second license revocation pursuant to 47 O.S. § 6-205.1(A)(2); or(C) $450.00 maximum credit for a third or subsequent license revocation pursuant to 47 O.S. § 6-205.1(A)(3).(3) A participant that does not remain compliant with respect to the BOT IDAP program or device lease fees forgoes his/her affordability eligibility. The manufacturer may inquire with the Board whether the person still meets the affordability accommodations and qualifies for the credit.(4) The participant shall provide the required documentation to the Board. Upon approval, the Board shall notify the manufacturer by providing notice to the designated manufacturer representative. No manufacturer is required to provide affordability accommodations to more than 10% of its active participants in the State of Oklahoma.(5) The Board shall provide information on the agency website informing interlock customers about the affordability program and how a participant can qualify.(6) Manufacturers shall not count coupons, rebates, refunds, discounts, or other financial inducements otherwise available to any customer as the credit required by these rules.(7) Participants denied affordability accommodations may appeal the denial in accordance with 40:50-3-6.Okla. Admin. Code § 40:50-3-4
Added at 40 Ok Reg 235, eff 11/1/2022 (emergency); Added at 40 Ok Reg 841, eff 8/11/2023; Amended at 42 Ok Reg, Number 4, effective 10/7/2024 (emergency)Amended by Oklahoma Register, Volume 42, Issue 4, November 1, 2024, eff. 11/1/2024, exp. 9/14/2025 (Emergency)