Section 1340-03-06-.05 - GENERAL REQUIREMENTS(1) The rules, regulations, and requirements established herein are minimums and may be exceeded by the service center or manufacturer. The Ignition Interlock Program reserves the right to implement new procedures and requirements not found in these rules on an interim basis until these rules are amended in order to comply with the requirements of any new legislation passed by the Tennessee General Assembly. Certified manufacturers and service centers will be notified of the new procedures or requirements in writing prior to the enactment of said procedure or requirement. Service centers and manufacturers may not waive any requirement of these rules or pass any requirement imposed on the service center or manufacturers to a program participant through contract or other means.(2) The service center and manufacturer shall comply with all applicable state laws, administrative rules, and regulations.(3) The manufacturer shall have the ability to accurately submit automated reports via a web service program into A-List. Upon request of the Ignition Interlock Program, incomplete or missing reports must be resubmitted into A-List within forty-eight business (48) hours.(4) A service center shall provide and maintain their business within the geographical boundaries of Tennessee. The location will be easily accessible and open during normal business hours. The service center's hours of operation and the manufacturer's twenty-four (24) hour emergency phone number shall be posted in a conspicuous place at the service center's office where it is clearly visible to the program participants. If at any time the service center changes hours of service, the Ignition Interlock Program shall be immediately notified.(5) Approved manufacturers must open and maintain service centers at a distance no greater than one hundred (100) miles from each other. If an existing service center closes, the manufacturer shall have thirty (30) days to submit an application for a replacement service center within that immediate geographic area.(6) A service center shall comply with all minimum requirements for installation and any other Tennessee state and federal laws applicable to BAIIDs and manufacturers.(7) All BAIIDs that are required by Tennessee courts or the Department shall have all calibrations, data downloads, and servicing completed at a certified service center's fixed facility within Tennessee unless otherwise authorized by the Ignition Interlock Program.(8) All BAIIDs that are required by Tennessee courts or the Department shall only be installed and removed at a certified service center's fixed facility within Tennessee unless otherwise authorized by the Ignition Interlock Program.(9) A manufacturer may request approval to recover a BAIID after ninety (90) consecutive delinquent days. The manufacturer may only remove the delinquent BAIID at an off-site location upon approval by the Ignition Interlock Program. The manufacturer and service center will hold the Department and the State of Tennessee harmless from any liability resulting from the recovery of a BAIID pursuant to this subsection. The option to recover a BAIID for delinquency must have been included in the contract signed by the program participant in order to be approved by the Ignition Interlock Program.Tenn. Comp. R. & Regs. 1340-03-06-.05
Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.04 but was renumbered 1340-03-06-.05 with the introduction of a new rule 1340-03-06-.04 filed February 19, 2020; effective May 19, 2020. Amendments filed February 19, 2020; effective 5/19/2020.Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.