Iowa Code r. 661-158.4 - Revocation of approval
The approval of an IID shall remain valid until either voluntarily surrendered by the manufacturer or until the approval of the IID has been revoked by the commissioner of public safety for cause. Reasons for revocation include but are not limited to the following.
(1) Evidence of repeated IID failures due to
defects in design, materials, or workmanship during manufacture, installation,
monitoring, or calibration of the IID such that the accuracy of the IID or the
reliability of the IID as approved is not being met as determined by the
laboratory.
(2) A pattern of
evidence that the mandatory operational features of the IID as described in
rule 661-158.6 (321J) are not
functioning properly.
(3) A pattern
of evidence indicating that the IID may be easily tampered with or
bypassed.
(4) Any violation on the
part of the manufacturer of the IID of any laws or regulations related to the
installation, servicing, monitoring, and calibration of IIDs, or failure of a
manufacturer to address repeated violations by an ASP.
(5) Cancellation of the manufacturer's
required liability insurance coverage.
(6) Cessation of business operations by the
manufacturer.
(7) Failure to notify
the laboratory in writing of any material modifications or alterations to the
components or the design of the approved IID.
(8) Failure of the manufacturer or an ASP to
notify the DOT and the county attorney of the county of residence of the lessee
within 30 days of the discovery of evidence of tampering with or attempting to
bypass an IID.
(9) Evidence that
the manufacturer or ASP(s), or its owners, employees, or agents, has committed
any act of theft or fraud, deception or material omission of fact related to
the distribution, installation, or operation of any IID subject to this
chapter.
(10) Revocation of
approval in another state for any of the reasons for revocation listed in
subrules 158.4(1) through 158.4(9).
(11) A revocation shall be effective 30 days
from the date of the letter sent to the manufacturer via certified mail, return
receipt requested, unless otherwise specified by the commissioner. A copy of
each notice of revocation shall be provided to the director of the Iowa
department of transportation.
(12)
Upon voluntary surrender or revocation, all IIDs subject to the surrender or
revocation shall be removed and replaced by an approved IID within 60 days of
the effective date of such surrender or revocation. The manufacturer or the ASP
must notify all affected lessees of the surrender or revocation and the
requirement that a new IID must be installed by an existing ASP within the time
frame specified in this subrule.
(13) A revocation of a previously approved
IID may be appealed to the department of public safety by the filing of an
appeal in accordance with the procedures specified in rule
661-10.101 (17A) within ten days
of the issuance of the notice of revocation.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.