Ariz. Admin. Code § R17-5-607 - Cancellation of Device Certification; Hearing

A. The Director shall cancel an ignition interlock device model certification and remove the device from its list of CIID's on finding any of the following:

1. The design, material, or workmanship contains a defect that causes the ignition interlock device model to fail to function as intended;

2. The manufacturer's product liability insurance coverage is terminated or canceled;

3. The manufacturer no longer offers the ignition interlock device model for installation under Arizona law;

4. The manufacturer or independent laboratory provided false or inaccurate information to the Department relating to the performance of the ignition interlock device model;

5. The components, design, or installation and operating instructions have undergone a modification that causes the ignition interlock device model to be out of compliance with the NHTSA specifications in R17-5-604(C) ;

6. The manufacturer instructs the Department to cancel its certification of the ignition interlock device model;

7. The manufacturer, the IISP, or the device does not comply with this Article or any other applicable rule or statute; or

8. If the manufacturer has not contracted with an IISP authorized by the Department within one year after the device model certification.

B. The Department, on finding any of the conditions described under subsection (A), or on finding that the manufacturer failed to timely remedy the issues identified in the notice provided under R17-5-602(H), shall mail to the manufacturer a notice and order of cancellation of certification for the specific ignition interlock device model. The notice and order of cancellation shall:

1. Specify the basis for the action;

2. Specify the date when the one-year decertification begins and ends; and

3. State that the manufacturer may, within 15 days after receipt of a notice and order of manufacturer device model cancellation, file a written request for a hearing with the Department's Executive Hearing Office as prescribed under 17 A.A.C. 1, Article 5, to show cause as to why the ignition interlock device certification should not be cancelled.

C. If a hearing to show cause is timely requested, the Department's Executive Hearing Office shall conduct the hearing as prescribed under A.R.S. Title 41, Chapter 6, Article 6, and 17 A.A.C. 1, Article 5. The request for a hearing stays the summary cancellation of manufacturer device model certification.

D. Within 10 days after a hearing, the hearing officer shall issue to the manufacturer a written decision, which shall:

1. Provide findings of fact and conclusions of law; and

2. Grant or cancel the certification.

E. If the hearing officer affirms the manufacturer device model cancellation, the manufacturer may seek judicial review under A.R.S. Title 12, Chapter 7, Article 6, within 35 days of the date when a copy of the decision sought to be reviewed is served upon the party affected unless the court grants a stay while the appeal is pending.

F. Within 60 days after the effective date of an order of cancellation, the manufacturer shall, at the manufacturer's own expense, ensure the removal of all ignition interlock devices that are not certified and facilitate the replacement of each device with a CIID.

G. The manufacturer of a previously decertified ignition interlock device model may reapply to the Department for certification of another ignition interlock device model under R17-5-604 after the one-year device decertification period ends.

H. After cancellation, the Department shall notify the IISP and the IISP-certified technicians that each of them is prohibited from installing the ignition interlock device for which the device certification was cancelled.

I. Cancellation of a manufacturer's device model certification prohibits the manufacturer from performing its duties with respect to the device model that has been cancelled and making the device model available for installation in the state for a period of one year from the latest of the following dates when:

1. The Department cancels a manufacturer's device model certification, or

2. The Department's Executive Hearing Office cancels the manufacturer's device model certification.

Notes

Ariz. Admin. Code § R17-5-607

New Section recodified from R17-4-709.06 at 7 A.A.R. 3483, effective July 20, 2001 (Supp. 01-3). Former R17-5-607 renumbered to R17-5-610 ; new R17-5-607 renumbered from R17-5-604 and amended by final rulemaking at 13 A.A.R. 3499, effective December 1, 2007 (Supp. 07-4). Amended by final rulemaking at 20 A.A.R. 3132, effective 1/4/2015. Amended by Exempt rulemaking at 24 A.A.R. 1725, effective 7/1/2018.