N.M. Admin. Code § 18.20.11.24 - SUSPENSION OR REVOCATION OF APPROVAL OF AN IGNITION INTERLOCK DEVICE
A. The Bureau may
suspend or revoke its approval of an ignition interlock device if:
(1) the Bureau has evidence of repeated
device failure due to gross defects in design, materials, or
manufacture.
(2) the manufacturer's
product liability insurance or surety bond has been cancelled or
terminated.
(3) the manufacturer
has failed to abide by its plan to provide service within forty-eight (48)
hours at a service center located within one hundred (100) miles or two (2)
hours, whichever is less, of a driver's residence or place of
business.
(4) the manufacturer
requests the Bureau to remove a device from the list of approved
devices.
(5) the Bureau finds that
the device does not meet the requirements of this rule.
(6) the Bureau has reasonable cause to
believe the device was inaccurately represented to meet the requirements of
this rule.
(7) the manufacturer has
failed to reimburse the Bureau for costs incurred in providing testimony
requested by the manufacturer in a civil or criminal proceeding involving the
approval or use of an ignition interlock device.
(8) the Bureau determines that changes in
ignition interlock device technology are such that continued approval of the
device would not be in the best interests of New Mexico.
(9) the manufacturer fails to pay all
required fees for the interlock device ("indigency") fund to the New Mexico
Department of Finance and Administration.
B. The suspension or revocation shall be
effective thirty (30) days after notice is sent to the manufacturer via
certified mail, return receipt requested, except in cases where the Bureau
determines immediate suspension or revocation is necessary for the safety and
welfare of the citizens of New Mexico.
C. A manufacturer may request a review of a
suspension or revocation. This request shall be submitted to the Bureau in
writing within thirty (30) days of the suspension or revocation. The Bureau
shall conduct such review in accordance with the procedures prescribed in the
Uniform Licensing Act, NMSA 1978 Sections
61-1-1 et seq.
D. Upon suspension, revocation, or voluntary
surrender of an approval, a manufacturer shall notify each of its service
center operators in New Mexico that the service center operator shall:
(1) not install that model or class of device
in any driver's vehicle after the effective date of the suspension, revocation,
or voluntary surrender; and
(2)
shall remove all such devices from drivers' vehicles. A manufacturer shall be
responsible for all costs connected with removing such devices and installing
new devices from the Bureau's list of approved devices.
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