Tenn. Comp. R. & Regs. 1340-03-06-.03 - MANUFACTURER APPLICATION PROCEDURES

(1) Any individual or business shall apply to be an approved and certified manufacturer using forms supplied by the Ignition Interlock Program.

(a) The Manufacturer Application (SF-1573) shall be completed in full and shall include the following:

1. A list of all states for which you are currently an approved BAIID manufacturer.

2. A list of all states where the BAIID manufacturer is currently or has previously been suspended or revoked within the last ten (10) years.

3. A statewide criminal history background check performed through the Tennessee Bureau of Investigation (TBI) or a background check from the state through which the driver license is issued. If the manufacturer is not an individual but a business entity, the background check should be completed on the Manufacturer Representative.

4. Verification that the manufacturer is not an employee of the Department.

5. Verification that the BAIID meets or exceeds the most recent model specifications established by the National Highway Traffic Safety Administration (NHTSA).

6. A Quality Assurance Plan (QAP) that includes the operating instructions for the BAIID and step-by-step instructions of the process for checking the accuracy of the calibration of the BAIID.

7. Verification of current financial responsibility as stated in Rule 1340-03-06-.16.

8. Verification that the manufacturer has the ability to submit automated reports via a web service program into A-List.

9. A copy of the materials used to train the participant on the proper use of the BAIID.

10. The physical addresses of planned installation locations in Tennessee. A certified manufacturer will have ninety (90) days to establish their service center locations within the geographical boundaries of Tennessee or the manufacturer will be removed from the certified manufacturer list and must reapply. At a minimum, each approved manufacturer must open and maintain one (1) service center in each of the eight (8) Tennessee Highway Patrol districts.

11. A two hundred and fifty dollar ($250.00) non-refundable application fee transferred by Automated Clearing House (ACH) to the Ignition Interlock Program.

(b) All applications will be submitted to the Ignition Interlock Program by the Manufacturer Representative.

(2) The applicant will be notified by U.S. mail or electronically of the approval or denial of the application. If the application is approved, the manufacturer will receive a certificate which shall be valid for one (1) year. If the application is denied, the applicant will be informed of the reason for denial.

(3) In order to continue as an approved manufacturer, an application to renew must be submitted to the Ignition Interlock Program annually.

(a) The renewal application consists of all the required information under (1)(a) and must be submitted to the Ignition Interlock Program at least sixty (60) days prior to the expiration of its current certificate.

(b) At the time the application to renew is submitted, a one hundred dollar ($100.00) non-refundable renewal fee shall be transferred by ACH to the Ignition Interlock Program.

(c) If the application to renew, including background checks and proof of financial responsibility, is not submitted at a minimum of sixty (60) days prior to the expiration of the current certificate, the non-refundable renewal fee will increase to two hundred and fifty dollars ($250.00).

(d) If the appropriate renewal fee is not submitted, the application will be considered incomplete and will not be processed for renewal.

(4) The Ignition Interlock Program shall notify the manufacturer of its decision before the expiration date of the current certificate. If approved, the manufacturer shall receive a certificate valid for one (1) year. If the re-certification is denied, the Ignition Interlock Program will inform the manufacturer of the reason for denial. The manufacturer shall have ten (10) days from the date the notification is sent to correct any deficiencies and notify the Ignition Interlock Program in writing of such correction. The manufacturer may also request a hearing pursuant to Rule 1340-03-06-.20.

Notes

Tenn. Comp. R. & Regs. 1340-03-06-.03

Original rule filed December 17, 2012; effective May 31, 2013. Amendments filed February 19, 2020; effective 5/19/2020.

Authority: T.C.A. §§ 4-3-2009, 55-10-412, 55-10-417, and 55-10-425.