Ala. Admin. Code r. 760-X-4-.01 - Inspection And Enforcement

(1) Pursuant to Code of Ala. 1975, Section 32-5A-191.4, all Department of Forensic Sciences (DFS) approved ignition interlock device providers and any associate service locations within the State of Alabama shall:

(a) notify the Alabama Law Enforcement Agency (ALEA), in writing, within 30 days of DFS approval as an ignition interlock device service center and request an ALEA inspection of its facilities, staff, and records for compliance with Alabama Administrative Code Chapter 370-3-1 (DFS Ignition Interlock Rules), as may be amended; and

(b) pass an annual ALEA inspection of its facilities, staff, and records.

(2) In the event ALEA identifies any violation of Alabama law, rules, or regulations governing ignition interlock devices, ALEA will issue a written "notice of violation" to the ignition interlock device service center, the ignition interlock device provider, and the Manufacturer Representative listing each violation. ALEA will also provide a copy of the notice of violation to DFS.

(3) An ignition interlock device service center and/or an ignition interlock device provider will have thirty (30) calendar days from the issuance date of the notice of violation to correct all violations and communicate, in writing, to ALEA and DFS all corrective actions taken.

(4) If an ignition interlock device service center fails to correct or remedy any violation within thirty (30) calendar days of the issuance date of the notice of violation, ALEA shall notify, in writing, the ignition interlock device service center, the ignition interlock device provider, the Manufacturer Representative, and DFS.

(5) Pursuant to Code of Ala. 1975, Section 32-5A-191.4(i)(5), ignition interlock device service centers shall submit to random audits performed by ALEA. For purposes of inspection or audit, an ignition interlock device service center shall provide ALEA accurate monthly and yearly data regarding the total number of ignition interlock devices sold, leased, installed, serviced, repaired, calibrated, monitored, or removed, and any other data ALEA requests as needed to conduct an inspection or audit. The monthly and yearly data provided must also indicate the total number and types of service provided to indigent defendants.

Notes

Ala. Admin. Code r. 760-X-4-.01

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 05, February 28, 2020, eff. 4/13/2020.

Authors: Meridith H. Barnes, Michael W. Robinson, Samantha Naramore, Erin Dunagan

Statutory Authority: Code of Ala. 1975, §§ 32-5A-191, 32-5A-191.4.