Ga. Comp. R. & Regs. R. 375-3-6-.04 - Provider Center Certification

(1) To be certified by the Department, a provider center must:

(a) Reserved;

(b) Maintain a provider service center which is easily accessible and open during normal business hours;

(c) Lease or purchase any ignition interlock device certified by the Department;

(d) Install when required by the Department or court an ignition interlock device that has been certified by the Department;

(e) Repair or replace at its own expense any device that is found to be malfunctioning; however, any expense incurred by a provider center because of any user mistreatment shall be the responsibility of the user;

(f) Provide to the user proof of installation of the device, utilizing a form prescribed by the Department;

(g) Require proof that the Department or the court has authorized de-installation of the device before removing the device from a vehicle;

(h) Provide to the Department or the sentencing court, upon request, all information or documentation regarding the purchasing, installation, maintenance, suspected or known acts of tampering or circumventing the device, or removal of a required ignition interlock device from a user's vehicle;

(i) Charge reasonable fees for installation, removal and monitoring of the device as follows:

1. Such fees shall not exceed:

(i) $75.00 for each installation, de-installation, or secured deposit of a device, and

(ii) $75.00 for each inspection and recalibration of an installed device every 30 days;

2. At the time of device installation, a provider center may charge an installation fee and may collect a security deposit. No installation or monitoring fee shall be charged to the user prior to providing to the user such service.

(j) Inspect and recalibrate each installed device every thirty (30) days as measured from the installation date to ensure proper operation;

(k) Place a warning label on each device as specified below:

Warning Any user who knowingly or through negligence allows the act of tampering or circumventing the use of this device shall be guilty of a misdemeanor and may be subject to all civil liabilities attached to this act. A misdemeanor is punishable by a fine of not more than one-thousand (1,000) dollars and/or up to twelve (12) months of imprisonment, or both.

(l) Provide the user with oral and written instructions as to the proper use of the device which will include the administrative requirements that must be met by the user to ensure the proper operation of the device;

(m) Report any device that exhibits signs of circumvention or tampering to the court ordering use of the device. This report shall be in writing and directed to the proper authority that required the installation of the device within five (5) days from the date of discovery.

(2) The Department may deny, cancel, suspend or revoke a provider center's certification if the provider center:

(a) Voluntarily requests such action be taken;

(b) Provides false or inaccurate information to the Department or court relating to the installation of a device;

(c) Assists in or provides information that will enable the user to circumvent or tamper with a device;

(d) Violates the provisions contained in the rules and regulations of this Department.

Notes

Ga. Comp. R. & Regs. R. 375-3-6-.04

Authority O.C.G.A. Sec. 42-8-110et seq.

Original Rule entitled "Provider Center Certification" adopted. F. Apr. 18, 2006; eff. May 8, 2006.