Or. Admin. Code § 257-100-0020 - Suspension or Removal from List of Qualified Ignition Interlock Devices

(1) OSP may temporarily prohibit the manufacturer or manufacturer's representative from performing new device installations, or suspend or revoke the qualification of a manufacturer or manufacturer's representative or remove a device model from the list of qualified devices, upon making any of the following determinations, subject to the process outlined in 257-100-0080:

(a) The device is found to no longer meet NHSTA specifications by an International Organization for Standardization (ISO) 17025 certified testing laboratory;

(b) The device is found to no longer meet the minimum performance standards established by OSP as outlined in OAR 257-100-0050;

(c) The manufacturer or manufacturer's representative is found to be repeatedly noncompliant with their Quality Assurance Plan (QAP);

(d) The device manufacturer fails to maintain their ISO 9001 certification for aspects related to construction, production and repair of a device;

(e) The manufacturer's representative fails to maintain valid registry with the Oregon Secretary of State's Office as outlined in OAR 257-100-0010;

(f) The device fails to pass annual testing conducted by OSP as outlined in OSP Form 257-0037;

(g) The manufacturer or manufacturer's representative liability insurance has been terminated, canceled, or expired;

(h) The manufacturer or manufacturer's representative is no longer operating in the state;

(i) The manufacturer or the manufacturer's representative is repeatedly non-compliant with the requirements of OAR Chapter 257, Division 100;

(j) The manufacturer or the manufacturer's representative inaccurately represents that the device meets the performance standards described in OAR Chapter 257, Division 100;

(k) The manufacturer or manufacturer's representative repeatedly fails to report data as required in OAR 257-100-0060;

(l) The manufacturer's representatives suspend, revoke, or otherwise deny accessibility for OSP to review and download reports of any individual and device;

(m) The manufacturer's representative fails to have or maintain certified service centers to provide device services, pursuant to OAR 257-100-0035;

(n) The manufacturer fails to notify OSP within 30 calendar days of a final action to suspend, revoke, deny approval of or disqualify a device model from the list of qualified devices by any other state.

(o) The manufacturer or manufacturer's representative fails to correct all critical disqualifying factors, as determined by OSP, within 14 calendar days from being notified by OSP.

(p) The manufacturer or manufacturer's representative fails to correct all disqualifying factors pursuant to ORS 813.599, OAR 257-100-0010 and 257-100-0050, within 60 calendar days from being notified by OSP; or

(q) The manufacturer's representative repeatedly fails to provide payment to OSP as required in OAR 257-100-0070.

(2) If a manufacturer or manufacturer's representative's certification is denied, suspended, or revoked, and the matter is not resolved according to the provisions of OAR 257-100-0080, all service centers within the manufacturer's representative's network may also become suspended or revoked. All devices associated with the manufacturer or manufacturer's representative may be removed from the list of qualified devices for use in Oregon.

(3) A manufacturer or manufacturer's representative may voluntarily request OSP to remove their device from the qualified list for which the manufacturer has previously received approval. Within 60 calendar days after the receipt of the request, OSP shall remove the device from the qualified list.

(4) When OSP removes a device from the list of qualified devices, that device is no longer qualified for new installations and must be removed from existing vehicles. OSP shall post on its website when a device is removed from the list of qualified devices. The manufacturer's representative must provide OSP with a list of all current individuals, including their contact information.

(a) An individual whose installed device is removed from the list of qualified devices must have the delisted device removed by a qualified ignition interlock device technician; and

(b) A qualified device of the individual's choice must be installed by an ignition interlock device technician within 60 calendar days of the delisted device being removed from the qualified device list.

(c) If an individual fails to remove and replace the device as required in this section, the individual will be considered to have no device installed.

(d) The manufacturer's representative whose device was removed from the list of qualified devices must pay for the removal and installation of a new qualified device of the individual customer's choice.

Notes

Or. Admin. Code § 257-100-0020

TSD 3-2018, temporary adopt filed 09/24/2018, effective 09/24/2018 through 03/22/2019; TSD 2-2019, adopt filed 01/17/2019, effective 01/17/2019; TSD 3-2019, renumbered from 737-005-0125, filed 05/30/2019, effective 07/01/2019; OSP 24-2019, temporary amend filed 07/03/2019, effective 07/03/2019 through 12/29/2019; OSP 25-2019, amend filed 12/27/2019, effective 12/31/2019; OSP 3-2022, amend filed 05/20/2022, effective 5/20/2022

Statutory/Other Authority: ORS 813.660, ORS 813.602 & ORS 813.600

Statutes/Other Implemented: ORS 813.599 - 813.680