Section 1340-03-06-.11 - MONITORING REQUIREMENTS(1) At the time of servicing or calibration of the BAIID, the technician is required to conduct an inspection to determine if there is evidence of tampering or circumventing the device. The technician should also confirm that the tamper proof seals are intact. A technician shall not conduct a calibration or service any BAIID unless the vehicle is present at the approved facility and is in mechanically operable condition. Participants shall not be allowed to remove or install any component of the BAIID during the time of servicing or calibration.(2) Within two (2) working days of performing any removal of a device, whether the removal was authorized or unauthorized, the manufacturer shall report the removal in A-List and if applicable also to Probation.(3) Servicing, inspecting, and monitoring of each BAllD and all of its components shall occur thirty (30) days after the initial installation and at least every thirty (30) days thereafter. The thirty (30) day BAIID calibration schedule is calculated to begin with the date of the previous calibration service. The technician shall only service, calibrate, or remove the BAIID at a service center location within the geographical boundaries of Tennessee or at a location that has been approved by the Ignition Interlock Program.(4) The manufacturer shall maintain records on every program participant, including the results of every monitoring check. Violations or evidence of non-compliance, and the reasons for such, will be submitted to A-List within forty-eight (48) hours of detection.(5) Within two (2) working days of performing a monitoring check, the manufacturer shall send the following information by electronic transmission to A-List and, if applicable, to Probation: (b) Evidence of tampering or circumventing the device;(c) Failing to take or skipping a random retest if the driver is in the vehicle;(d) Failing a random retest;(e) Removing or causing the removal of the BAIID at any time during the three hundred sixty-five (365) day consecutive day period;(f) Failing to appear at the BAIID service center when required for calibration, monitoring, or inspection of the device;(g) Name and driver license number of the participant; (h) Date of next scheduled monitoring check; and(i) Odometer reading at the end of each monitoring period.(6) If the use of a BAIID is a bond condition or a requirement of supervised probation, under no circumstance shall a BAIID be removed without authorization from the court or Probation. This only applies to participants not required to have a BAIID under T.C.A. § 55-10-425 or by the Department.Tenn. Comp. R. & Regs. 1340-03-06-.11
Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.10 but was renumbered 1340-03-06-.11 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.