Or. Admin. Code § 257-100-0025

Current through Register Vol. 63, No. 12, December 1, 2024

Section 257-100-0025 - Manufacturer's Representative Certification, Service Center Certification and Inspection Requirements

(1) A manufacturer's representative shall be certified when the manufacturer's representative meets and maintains device requirements as outlined in OAR 257-100-0010, Statewide Service Center Area Requirement in OAR 257-100-0035, performance standards as outlined in OAR 257-100-0050, and the device is added to the list of qualified devices.

(2) A manufacturer's representative must submit an application, and associated materials as set out in (a) to (d) below, to OSP for each fixed site service center the manufacturer's representative seeks to have certified. Incomplete applications will not be accepted. The manufacturer's representative must submit the following for service center certification or recertification:

(a) A completed Ignition Interlock Device Service Center Certification Application;

(b) A written statement from a manufacturer's representative, written on the manufacturer's representative letterhead, addressed to OSP, that authorizes a service center to service the qualified device;

(c) A written statement explaining how the manufacturer representative and service center will comply with recordkeeping requirements described in OAR Chapter 257, Division 100;

(d) An itemized list of all fees and rates that may be charged to an individual by both the service center and manufacturer's representative; and

(e) Written proof of a valid Ignition Interlock Device Program Surety Bond in the amount of $100,000. The bond must be maintained throughout the certification period. The bond must inure to the benefit of the State of Oregon and shall be used to reimburse expenses related to the device services incurred by any individual who is required to equip a motor vehicle with a device by the State of Oregon or any political subdivision thereof and who documents a loss because of the device being removed from the list of qualified ignition interlock devices and the manufacturer's representative is insolvent or the manufacturer or manufacturer's representative's business is discontinued, and the manufacturer or manufacturer's representative refuses to reimburse such expenses upon notification by OSP.

(f) A manufacturer' representative must complete the Ignition Interlock Device Program Surety Bond Form. A valid Ignition Interlock Device Program Surety Bond must comply with all the following:

(A) The bond must be issued by a surety company licensed to do business within the State of Oregon;

(B) The surety company issuing the bond must agree to notify OSP if the bond is canceled for any reason and must agree to continue bond coverage until OSP receives actual notice of cancellation;

(C) The bond must be executed to the State of Oregon; and

(D) A copy of the bond must be filed and held in the office of OSP.

(3) The manufacturer or manufacturer's representative shall maintain toll-free 24-hour telephone assistance pursuant to ORS 813.660. The toll-free number must be provided to all customers.

(a) The toll free 24-hour telephone number must provide customers with the option to speak directly to a customer service representative who is qualified by the manufacturer, or manufacturer's representative to answer questions and to troubleshoot any mechanical problems relating to the ignition interlock device in the vehicle.

(b) All reasonable efforts to repair or replacement of the ignition interlock device due to the malfunction or inoperability of the ignition interlock device through no fault of the offender must be made available within two business days of initial contact.

(c) Inquiries described in section (3)(b) are considered emergency services and may be performed anywhere throughout the State of Oregon by one or more of the following - a manufacturer, a manufacturer's representative, a service center, or a technician. A manufacturer, manufacturer's representative, or service center are not required to be certified as a mobile service center, as outlined in 257-100-0030, to provide these emergency services.

(4) A manufacturer or manufacturer's representative certified in Oregon to provide services to individuals required to have an ignition interlock device installed pursuant to ORS 813.602, may continue to operate in Oregon if the manufacturer or manufacturer's representative is purchased by another manufacturer or manufacturer's representative.

(a) The manufacturer or manufacturer's representative purchasing an existing certified manufacturer or manufacturer's representative, must provide OSP written notice upon completion of the acquisition. The notice must be signed by a representative from both manufacturers or manufacturer's representatives.

(b) A new Application for Device Qualification and associated materials outlined in Section (2)(a) to (2)(d) will be required to be submitted to OSP for certification.

(c) A manufacturer or manufacturer's representative purchasing an existing certified manufacturer or manufacturer's representative must ensure the surety bond outlined in Section (2)(e) above, continues during and after the acquisition process.

(d) Upon completion of the acquisition, OSP shall conduct an ODC test of the device to ensure proper compliance with current ORS and OAR.

(5) A service center is eligible for certification or recertification when OSP receives the following:

(a) The service center provides written documentation indicating:

(A) Registration with the Oregon Secretary of State;

(B) The service center is part of a manufacturer's representative network;

(C) The service center only services devices qualified by OSP;

(D) The service center is located in a fixed site facility that can provide all device services;

(E) The service center has posted, in plainly visible location, a current copy of the maximum fees and rates an individual may be charged for all device services including, but not limited to the monthly lease amounts, any shipping fees, any additional charges anticipated for routine calibration, and service checks;

(F) The service center is compliant with all municipal and county regulations for commercial businesses;

(G) The service center has and will maintain a designated waiting area, which is separated or partitioned from the service area so an individual may not view the installation or removal of the device;

(H) The service center has a viewing area with appropriate equipment available for customers to view training videos and other material provided by the manufacturer, manufacturer's representative, or OSP;

(I) The service center has a demonstration device available at each service center location for individual customers to use prior to installation. The device must power on, accept an acceptable breath sample, and be programed with anti-circumvention features. The service center must have available an ignition interlock technician capable of operating the demonstration device;

(J) The service center posts the OSP service center complaint information form where it is visible to the public;

(K) The service center's certification is posted in a place visible to the public;

(L) The service center and manufacturer's representative only charges for device services as defined in OAR 257-100-0025(2)(d);

(M) The service center is marked with the business name and easily identifiable as the business listed on the service center application.

(N) The service center has standard operating hours that are posted and viewable from the exterior of the building. The standard operating hours must include specific hours of operation that allow individuals and OSP to access the service center.

(b) The service center provides to OSP proof of valid commercial liability insurance coverage adequate to cover costs associated with any damage to an automobile during ignition interlock device services.

(c) The manufacturer's representative or service center affirms in writing to OSP that it provides each individual customer with a statement of charges for all services, whether paid to the manufacturer representative or service center, including: clear and specific warranty details; contractual agreements; monthly lease amounts; shipping fees; additional charges anticipated for routine calibration and service checks; and which services, if any, are provided without charge prior to device installation;

(d) The manufacturer's representative or service center affirms in writing that it shall provide OSP with written notice of any changes to the maximum fees and rates an individual customer may be charged for the device and device services 30 calendar days prior increasing the fees or rates;

(e) Notwithstanding requirements outlined in section (3)(b), the service center affirms in writing to OSP that it shall provide device installation and removal services within five calendar days from a customer's request and all other services within three calendar days; banking holidays excepted.

(f) The manufacturer's representative or service center maintains a minimum of one qualified ignition interlock device technician, as outlined in OAR 257-100-0045, capable of performing all service as described in OAR 257-100-0005.

(6) OSP shall conduct a service center inspection using the Ignition Interlock Device Service Center Inspection Report Form 257-0005 before a service center may be initially certified, and annually thereafter for the service center to maintain its certification. OSP may perform unscheduled inspections. An OSP inspection of a service center shall determine if the service center meets all service center requirements listed within the applicable statutes and OAR Chapter 257, Division 100. During an inspection, OSP may: test ignition interlock device technician knowledge; inspect records; and evaluate The installation for proper device functionality.

(a) If a service center fails to meet requirements outlined in section (5)(a) through (5)(f) upon an inspection conducted by OSP, the service center shall have 14 calendar days to correct all noted disqualifying factors.

(b) Following a failed service center inspection, a subsequent service center inspection shall be conducted by OSP under the following conditions:

(A) The manufacturer's representative or service center has notified OSP in writing that the disqualifying factors have been corrected; or,

(B) 14 calendar days have passed.

(c) If a service center fails to meet the requirements outlined in section (5)(a) through (5)(f) three consecutive inspections, the service center certification regarding the specific manufacturer's representative network, shall be revoked for a period of 180 calendar days.

(7) Service center certifications are valid for one year. OSP shall notify a manufacturer's representative in writing if OSP has approved or denied an application for certification or recertification.

(8) An application and payment for renewal of a service center certification must be submitted to OSP by a certified manufacturer's representative no later than 90 calendar days prior to the expiration date of the current certification. A manufacturer's representative must use the Ignition Interlock Device Service Center Certification Application for renewal. Following receipt of the renewal application, OSP shall conduct an inspection of the service center and any mobile service vehicles as described in section (6). OSP shall renew certification of a service center upon receipt of a completed application and all documents required by (5)(a) through (5)(f), successful completion of the inspection, and payment of all applicable fees for one year from the date of the last certification.

(9) If OSP denies, refuses to renew, suspends, or revokes a service center certification, the manufacturer's representative or the service center may request a hearing as provided in OAR 257-100-0080.

Or. Admin. Code § 257-100-0025

TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019; TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019; TSD 3-2019, renumbered from 737-005-0130, filed 05/30/2019, effective 07/01/2019; OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019; OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019; OSP 1-2020, temporary amend filed 04/03/2020, effective 04/03/2020 through 09/29/2020; OSP 3-2022, amend filed 05/20/2022, effective 5/20/2022

Statutory/Other Authority: ORS 183.430(2), ORS 813.600 & ORS 813.660

Statutes/Other Implemented: ORS 813.599 - 813.680