Utah Admin. Code 708-31-9

Current through Bulletin No. 2024-21, November 1, 2024
Section R708-31-9 - Grounds for Refusal to Certify or Revocation of Certification
(1) The division may refuse to certify or may revoke an existing certification for any of the following reasons:
(a) failure to comply with:
(i) Title 53, Chapter 3, Part 10, Ignition Interlock System Program Act;
(ii) Section 41-6a-518;
(iii) Title 13, Commerce and Trade; or
(iv) this rule or any other rule of the Department of Public Safety;
(b) any omission, false statement, or any falsification, with or without intent or knowledge of:
(i) an application; or
(ii) any records or other required information relating to Title 53, Chapter 3, Part 10, Ignition Interlock System Program Act;
(c) interference or failure to permit the division or its representatives to inspect records or any data collected from the camera or system;
(d) a defect in the design, materials, or workmanship causing the system to fail to function as intended;
(e) notification of the denial, cancellation, or revocation of certification from another state;
(f) false, incomplete, or inaccurate information provided by the manufacturer, manufacturer representative, or independent laboratory;
(g) modification of the components or design of the system or modification that causes the system to no longer satisfy the standards in Section R708-31-4;
(h) the system fails the compliance testing conducted by the division;
(i) the system fails to meet the requirements for certification or is no longer in compliance with the requirements in this rule;
(j) a manufacturer's liability insurance coverage is terminated, canceled, or expired;
(k) the manufacturer, manufacturer representative, provider, or installer fails to submit any reports in accordance with any reporting requirement; or
(1) false or inaccurate information provided by the manufacturer, manufacturer representative, or independent laboratory relating to the performance, reliability, function, or capabilities of the system.
(2) The division shall forward the notice and order of revocation of the certification of a system to the manufacturer representative and ensure the notice and order of revocation specifies the basis for the revocation.
(3) A manufacturer of a previously decertified system may apply to have the system certified in accordance with this rule if changes to equipment, procedures, or practice correcting the violation are submitted in writing to the division.
(4) The division will not consider certification of a system from a manufacturer that fails to comply with this subsection.

Utah Admin. Code R708-31-9

Adopted by Utah State Bulletin Number 2024-06, effective 3/12/2024