Utah Admin. Code R708-48-4 - Requirements for Providers

A provider shall:

(1) be responsible for the oversight of the ignition interlock system activities that are performed at the service center, and each installer employed by the business;

(2) maintain any records including:

(a) client records;

(b) contracts;

(c) personnel files including division issued installer licenses for each installer; and

(d) any documentation concerning an ignition interlock business transaction;

(3) ensure the security of any client records and personal data on any forms, receipts, or contracts;

(4) program the systems to have a service interval of 60 days, unless a shorter interval is ordered as a term of probation by the court;

(5) perform monitoring no later than three business days after the 60 day service interval;

(6) restart the service interval on the date of monitoring if the system malfunctions and requires monitoring before the expiration of the 60 day service interval;

(7) allow the division to conduct scheduled and unscheduled inspections and audits;

(8) grant access to their ignition interlock business databases to the division;

(9) furnish any records of the business to the division upon request;

(10) provide the client with a complete report of any ignition interlock system activity upon request;

(11) provide in-person training on system activities to each installer including annual re-training;

(12) maintain training files for each installer including dates of completion;

(13) finish any training administered or required by the division;

(14) require each installer to finish any training administered or required by the division;

(15) not be convicted of or have been found by the division, or any entity of the state, to have engaged in conduct that constitutes a felony, crime, or act of moral turpitude;

(16) not knowingly employ an installer who has been convicted of, or who has been found by the division to have engaged in, conduct that constitutes a felony, crime, or act of moral turpitude;

(17) post signs to identify the business by the name listed on the provider's license application;

(18) conspicuously display a copy of the provider's license issued by the division, and business license issued by the city or municipality;

(19) ensure the service center does not operate from the same facility or location as another service center;

(20) surrender the provider's license to the division within five days if:

(a) the provider listed on the license is no longer working at the business; or

(b) the provider license is denied, canceled, or revoked;

(21) provide and maintain a $50,000 surety bond that is:

(a) continuous in form and run concurrently with the license period;

(b) protects against liability to third persons; and

(c) requires that the insurer provide notice to the division within five days if the surety bond is canceled;

(22) notify the division in writing:

(a) within five business days of any changes to the residential or mailing address of any installer licensed by the division;

(b) within five business days if any installer licensed by the division is no longer employed by the business;

(c) within 30 days of receiving notice of any license relating to systems that have been denied, canceled, or revoked in another state or jurisdiction;

(d) within five days in the event the provider learns of any litigation in which it is a party defendant; and

(e) within five days after being served a summons, complaint, or other pleadings in a case that involves services provided, and which has been filed in any federal or state court or administrative agency and shall deliver copies of these documents to the division.

Notes

Utah Admin. Code R708-48-4

Adopted by Utah State Bulletin Number 2024-06, effective 3/12/2024