Section 1340-03-06-.15 - FEES(1) Whenever a participant ordered to install a BAIID pursuant to T.C.A. § 55-10-409 or § 55-10-417 asserts to the court that the participant is indigent and financially unable to pay for a BAIID, the court shall conduct a full and complete hearing as to the financial ability of the participant to pay for such device and, thereafter, make a finding as to the indigency of such participant. Any participant who has been declared indigent by the court pursuant to T.C.A. § 55-10-419(d), upon providing a copy of the Proof of Indigency Form signed by the judge, shall not be refused service by a manufacturer as long as funds are available in the Electronic Monitoring Indigency Fund (EMIF). The manufacturer shall submit the required documentation to the State Treasury Department to recover the costs associated with the lease, purchase, installation, removal, and maintenance of BAIIDs or with any other cost or fee associated with a BAIID required by this part.(2) The fees for leasing, buying, monitoring, servicing, installing, and removing the BAllD shall be at a reasonable rate set by the manufacturer.(3) The fee for installation of a BAIID shall not exceed an hourly rate of seventy-five dollars ($75.00) per hour with a three (3) hour maximum.(4) Manufacturers shall charge reasonable and customary fees, not to exceed a total of one hundred and twenty-five dollars ($125.00) per month for leasing, monitoring, and maintenance of BAIIDs. If a participant is extended in the program due to non-compliance, the fee for the leasing, monitoring, and maintenance of the BAIID will not exceed five dollars ($5.00) per day or one hundred and twenty-five dollars ($125.00) per month during the extension, whichever is less.(5) Manufacturers shall charge reasonable and customary fees, not to exceed a total of seventy-five dollars ($75.00), for the removal of the BAIID.(6) Manufacturers shall charge reasonable and customary fees, not to exceed a total of fifty dollars ($50.00), for resetting a BAIID that is in permanent lockout mode due to five (5) or more violations.(7) Manufacturers may charge reasonable and customary fees, not to exceed a total of twenty-five dollars ($25.00), for a temporary lockout code.(8) A manufacturer shall charge an annual administrative fee of twelve dollars and fifty cents ($12.50) to each new BAIID user. This fee will be collected from each participant at the time of the installation of the BAIID and again annually for the duration of the required period. By the fifth (5th) day of each month, the manufacturer shall send the Ignition Interlock Program the proceeds from this fee by an ACH transfer and a report of the participants' names, driver license numbers.(9) The fee rates shall be posted in a conspicuous place at the service center's office.(10) All manufacturers will pay a BAIID certification fee of five dollars ($5.00) per BAIID per month by ACH transfer to the Ignition Interlock Program by the tenth (10th) day of each month. The manufacturer will submit a monthly report listing the name, date of birth, and BAIID installation date of all current participants as well as the total BAIID certification fees submitted for the month.Tenn. Comp. R. & Regs. 1340-03-06-.15
Original rule filed December 17, 2012; effective May 31, 2013. Rule was previously numbered 1340-03-06-.13 but was renumbered 1340-03-06-.15 with the introduction of new rules 1340-03-06-.04 and 1340-03-06-.14 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, 55-10-418, 55-10-423, and 55-10-425.