Section 1340-03-06-.13 - PROGRAM COMPLIANCE-BASED REMOVAL/NON-COMPLIANCE REPORT(1) Program Compliance Criteria: (a) A participant who is required to install and use a functioning BAIID shall be required to maintain the BAIID in working order for a three hundred and sixty-five (365) consecutive day period or for the entire period of the driver license revocation period, whichever is longer. The BAIID cannot be lawfully removed from the vehicle during the required period, except for necessary maintenance, replacement, or repair as determined by the Ignition Interlock Program. If the participant fails to comply with the requirements of T.C.A. § 55-10-425, the entire required period will restart on the date the BAIID is reinstalled and properly functioning.(b) If a participant fails to appear at the service center when required for the monthly calibration, monitoring, and inspection of the device, the entire required period will restart.(c) During the final one hundred and twenty (120) day period for which the BAIID is required, the participant shall not:1. Attempt to start or operate the vehicle with a BrAC in excess of 0.02% (The participant shall not be in violation if a subsequent retest within ten (10) minutes shows a BrAC of two hundredths of one percent (0.02%) or less and review of the digital images associated with each test confirms that the same participant performed both tests);2. Tamper with or circumvent the BAIID;3. Fail to take or skip a random retest;4. Fail a random retest with a BrAC in excess of 0.02%;5. Remove or cause the BAIID to be removed at any time during the three hundred sixty-five (365) consecutive day period; or6. Fail to appear at the service center when required for a monthly calibration, monitoring, and inspection of the device.(2) Successful Certificate of Compliance: Upon completion of the period for which the participant is required to use a BAIID, the participant shall request that the manufacturer certify that the participant has complied with the conditions for the required period. The manufacturer shall determine whether the participant has complied with the conditions for the required period and either issue a certificate of compliance for the participant or notify the participant of non-compliance and the resulting extension of the BAIID requirement. If the manufacturer determines that the participant has complied with the conditions for the required period it shall upload the certificate of compliance into A-List within three (3) business days from the date of the participant's last calibration appointment.
(3) Program Non-Compliance: (a) If the manufacturer notifies the participant that its records indicate the participant has not complied with the conditions of the BAIID during the required period, the participant may either accept the extension of the BAIID requirement or request that the manufacturer reconsider the finding of non-compliance, based on evidence of compliance provided by the participant. If the manufacturer confirms the finding of non-compliance, the participant may either accept the extension of the BAIID requirement or request an administrative compliance review by the Ignition Interlock Program.(b) A participant may request, in writing, an administrative compliance review by the Ignition Interlock Program, and the participant shall include in the request any evidence of compliance. This request for review must be made within thirty (30) days from the date of notification by the manufacturer of the extension. The Ignition Interlock Program shall review any evidence provided by the participant and the records provided by the manufacturer within thirty (30) days of receiving the request and shall notify the participant and the manufacturer of the Ignition Interlock Program's determination by mail. If the Ignition Interlock Program determines that the participant has complied for the required period, the manufacturer shall issue a certificate of compliance to the participant. If the Ignition Interlock Program determines that the participant has not complied for the required period, the participant may seek judicial review of the Ignition Interlock Program's administrative compliance review determination as provided by T.C.A. § 4-5-322.(4) Compliance-Based Removals: (a) Prior to lawfully removing the BAIID of a compliance-based program participant, the manufacturer must first receive written authorization from the Ignition Interlock Program. Once the manufacturer receives written authorization from the Ignition Interlock Program for removal of the BAIID, the manufacturer must contact their appropriate service center to authorize the removal of the BAIID from the program participant's vehicle. The manufacturer may in good faith rely on a participant's Remove Interlock Restriction Letter issued by the Department.(b) A participant is required to only operate a vehicle that is equipped with a BAIID until they obtain a valid driver license without the ignition interlock restriction (code 16).Tenn. Comp. R. & Regs. 1340-03-06-.13
Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.12 but was renumbered 1340-03-06-.13 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.