Public Safety, Driver License

Rule R708-48

Ignition Interlock System Program

Notice of Proposed Rule

(New Rule)

DAR File No.: 36698
Filed: 08/29/2012 08:31:17 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

This is a new rule that puts the Utah Driver License Division into compliance with Sections 53-3-1004 and 53-3-1007 for the licensing and regulation of the Utah Ignition Interlock System providers.

Summary of the rule or change:

The rule establishes minimum standards for persons to be licensed to install ignition interlock systems into vehicles of restricted drivers as required by Utah law. Installers and providers will be required to have sufficient training and pass a criminal background check to ensure devices are installed correctly by licensed installers who have the knowledge in current industry standards. This rule will assist in limiting potential fraud by outlining what a provider and installer must do when installing or removing an ignition interlock system into vehicles, therefore promoting public safety. System providers and installers will be granted access to a web based application that allows for reporting of installations and removals of an ignition interlock system. This also allows the Utah Driver License Division to send timely notices to drivers that are not compliant and would affect their driving privilege. (DAR NOTE: A corresponding 120-day (emergency) rule is under DAR No. 36419 in the July 15, 2012, issue of the Bulletin and is effective as of 07/01/2012.)

State statutory or constitutional authorization for this rule:

• Section 53-3-1004
• Section 53-3-1007

Anticipated cost or savings to:

the state budget:

The state will see an increase associated with the different requirements. Public Safety will be receiving the current rate of $20 for every back ground check. The Utah Driver License Division will be receiving licensing fees from the providers and installers.

local governments:

Local government should not be affected.

small businesses:

Small business will see an increase in spending due to the various fees associated with the licensing procedures.

persons other than small businesses, businesses, or local governmental entities:

Possible costs could be incurred by the individual if the licensing fees are not covered by the small business entity.

Compliance costs for affected persons:

The compliance costs are currently as follows: criminal background fee - $20, installer's license - $30, providers license - $100, branch inspection fee - $30, annual renewal fee for installers - $20.

Comments by the department head on the fiscal impact the rule may have on businesses:

There will be a fiscal impact on business in order to be compliant with the required back ground check and licensing fees.

Lance Davenport, Commissioner

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Public Safety
Driver License
CALVIN L RAMPTON COMPLEX
4501 S 2700 W 3RD FL
SALT LAKE CITY, UT 84119-5595

Direct questions regarding this rule to:

• Marge Dalton at the above address, by phone at 801-965-4456, by FAX at 801-957-8502, or by Internet E-mail at [email protected]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

10/15/2012

This rule may become effective on:

10/23/2012

Authorized by:

Lance Davenport, Commissioner

R708. Public Safety, Driver License.

R708-48. Ignition Interlock System Program.

R708-48-1. Authority.

This rule is authorized by Sections 53-3-1004 and 53-3-1007.

 

R708-48-2. Purpose.

The purpose of this rule is to set standards governing the administration and enforcement of the Ignition Interlock System Program in accordance with Title 53, Chapter 3, Part 10.

 

R708-48-3. Definitions.

(1) Terms used in this rule are defined in Section 53-3-1002.

(2) In addition:

(a) "act of moral turpitude" means conduct which:

(i) is done knowingly contrary to justice, honesty or good morals;

(ii) has an element of falsification or fraud; or

(iii) contains an element of harm or injury directed to another person or another property;

(b) "business" means an ignition interlock system business established to install, remove and maintain ignition interlock systems as specified in R708-31 Ignition Interlock Systems and includes both the business' primary location and any branch offices;

(c) "department" means the Department of Public Safety created in Section 53-1-103;

(d) "division" means the Driver License Division created in Section 53-3-103;

(e) "install" means any service provided by an ignition interlock installer including the installation or removal of an ignition interlock system and the performance of any type of maintenance or service on an ignition interlock system; and

(f) "felony" means a crime under the laws of this state, any other state, the United States, or any district, possession, or territory of the United States for which the penalty is a term of imprisonment in excess of one year.

 

R708-48-4. Requirements for Licensure of Providers.

(1) A provider shall:

(a) be responsible for the oversight of all installers employed by the business;

(b) maintaining all records of the business, including client records and personnel files for all installers employed by the business;

(c) insure the security of all client records and personal data on any forms, receipts or contracts used by the business;

(d) allow the division to conduct inspections and audits of the business and its records;

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

(f) train any installers who will be working at the business on how to properly install an ignition interlock system and provide the installers with a certificate of completion;

(g) complete and require all installers who will be working at the business to complete any training administered by the division;

(h) not be convicted of or have been found by the division to have engaged in conduct which constitutes a felony or crime of moral turpitude;

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

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

(k) conspicuously display at the business a copy of the provider's license and business license;

(l) not be employed by more than one business at a time;

(m) insure that the business does not operate from the same facility or location as another business;

(n) notify the division when the provider is no longer working at a business:

(o) surrender the provider's license to the division within five days if the provider is no longer working at the business or the provider's license is denied, cancelled or revoked;

(p) obtain and maintain a $50,000 surety bond for the business that shall:

(i) protect against liability to third persons;

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

(iii) provide for notice to the division in the event of cancellation of the surety bond.

(q) ensure that a business, located in a municipality having a population of 50,000 or more, is not located within 1500 feet of a facility in which vehicle registrations or driver licenses are issued to the public, unless the business was established in that location prior to the establishment of the facility in which vehicle registrations or driver licenses are issued to the public;

(r) not solicit business directly or indirectly or display or distribute any advertising material within 1500 feet of a building in which vehicle registrations or driver licenses are issued to the public;

(s) seek approval from the division before moving the business;

(t) insure that the business' facilities and buildings comply with federal, state, and local building, fire, safety and health codes;

(u) not use any logos, letterhead, documents, driver license or vehicle plate license recreations of the department, the division or the Utah State Tax Commission, Division of Motor Vehicles, in their advertising, however a business may display on its premises a sign reading, "This Ignition Interlock System Provider is licensed by the State of Utah."

(v) notify the division in writing of any changes to residential or mailing address of anyone who works at the business; and

(w) notify the division in writing if any employee is no longer employed by the business.

 

R708-48-5. Procedure to Obtain and Renew a Provider License.

(1) To apply for or renew a provider license, an applicant shall submit a completed provider application packet to the division at 4501 South 2700 West, Salt Lake City, Utah.

(2) The packet shall include:

(a) a completed provider application form provided by the division, which has been signed and notarized by the applicant and all other required parties;

(b) an application or renewal fee, along with any branch office fees, which shall be made payable to the department;

(c) one completed FBI applicant fingerprint card (Form FD-258) with the applicant's legible fingerprints and a check or money order made payable to the Utah Bureau of Criminal Identification to cover the fee associated with a criminal history background check;

(d) samples of all forms, receipts, and contracts used in the course of operation of the business;

(e) a schedule of fees to be charged by the business for each service performed by the business;

(f) a description of how the business shall be operated, which shall include:

(i) a description of how the provider will meet the requirements of Title 53, Chapter 3, Part 10 and R708-48;

(ii) a detailed installer training plan; and

(iii) copies of all training materials that will be used;

(g) evidence of a $50,000 surety bond for the business that shall:

(i) protect against liability to third persons;

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

(iii) provide for notice to the division in the event of cancellation of the surety bond.

(h) a copy of the business license for the business as required by the municipality or county in which the business is located; and

(i) evidence of two years prior experience in operating a business.

(3) When seeking to renew a provider license, the provider shall:

(a) submit all of the items listed in R708-48-5(2)(a) through (c);

(b) submit an updated copy of the items listed in R708-48-5(2)(d) through (f) if the business has made any changes to these items since the provider applied for or renewed the provider license; and

(c) not be required to submit the items listed in R708-48-5(2)(g) through (i).

(4) Upon receipt of a completed provider application packet, the division shall review all of the materials submitted by the applicant to determine if the applicant meets the requirements in Title 53, Chapter 3, Part 10 and R708-48.

(5) If the division determines that the application packet contains all of the necessary information, the division shall conduct a site inspection of the business before a license may be granted.

(6)(a) If the business passes the division's inspection and meets all of the requirements for licensure found in Title 53, Chapter 3, Part 10 and R708-48, the applicant shall be granted a provider license.

(b) A provider license is not transferable.

(c) If a provider license is lost or destroyed, the provider may obtain a duplicate of the license by submitting the following to the division:

(i) a notarized affidavit which describes the date the license was lost or destroyed and the surrounding circumstances; and

(ii) a duplicate license fee.

(7) If the applicant does not meet the requirements for licensure found in Title 53, Chapter 3, Part 10 and R708-48, the application shall be denied and the applicant shall be issued a notice of denial with information regarding the reason for denial and process by which the applicant may appeal the division's decision.

 

R708-48-6. Requirements for an Installer.

(1) A licensed installer shall:

(a) possess a valid installer license when working as an installer;

(b) only be allowed to work under the supervision of the specific provider listed on the installer's license application;

(c) complete training for ignition interlock systems offered by the provider of the business for which they will be employed;

(d) complete any training administered by the division; and

(e) not be convicted of or have been found by the division to have engaged in conduct which constitutes a felony or a crime of moral turpitude;

 

R708-48-7. Procedure to Obtain and Renew an Installer License.

(1) To apply for or renew an installer license, an applicant shall submit a completed installer application packet to the division at 4501 South 2700 West, Salt Lake City, Utah.

(2) The packet shall include:

(a) a completed installer application form provided by the division, which has been signed and notarized by the applicant and all other required parties;

(b) an application or renewal fee, which shall be made payable to the department;

(c) one completed FBI applicant fingerprint card (Form FD-258) with the applicant's legible fingerprints and a check or money order made payable to the Utah Bureau of Criminal Identification to cover the fee associated with a criminal history background check; and

(d) a signed agreement verifying that the applicant has read and understands all of the laws and rules that are applicable to the ignition interlock system program.

(3) Upon receipt of a completed installer application packet, the division shall review all of the materials submitted by the applicant to determine if the applicant meets the requirements in Title 53, Chapter 3, Part 10 and R708-48.

(4)(a) If the applicant meets all of the requirements for licensure found in Title 53, Chapter 3, Part 10 and R708-48, the applicant shall be granted an installer license.

(b) Installer licenses are not transferable.

(c) If an installer license is lost or destroyed, the provider may obtain a duplicate of the license by submitting the following to the division:

(i) a notarized affidavit which describes the date the license was lost or destroyed and the surrounding circumstances; and

(ii) the duplicate license fee.

(5) If the applicant does not meet the requirements for licensure found in Title 53, Chapter 3, Part 10 and R708-48, the application shall be denied and the applicant shall be issued a notice of denial with information regarding the reason for denial and process by which the applicant may appeal the division's decision.

 

R708-48-8. Business Inspection and Audit Procedures.

(1) The division shall conduct inspections and audits of a business and its records to verify compliance with Title 53, Chapter 3, Part 10 and R708-48.

(2)(a) The premises and records of the business shall be available to the division immediately upon request for the purpose of an inspection or audit.

(b) If it becomes necessary to remove records from the business for audit purposes, the division shall provide a receipt to the business which will include:

(i) the name and location of the provider;

(ii) the location of the business;

(iii) the date that records are removed;

(iv) a description of what records are removed;

(v) the signature of an authorized representative of the business; and

(vi) the signature of a division representative.

(c) Upon return of the records, the receipt shall be updated with:

(i) the date the records were returned;

(ii) the signature of an authorized representative of the business who is receiving the records; and

(iii) the signature of the division representative returning the records.

(d) The division shall hold the records for the minimum amount of time necessary so an audit may occur without creating an unnecessary hardship or inconvenience to the business.

(3)(a) A division representative shall prepare a written report of all inspections and audits.

(b) A copy of these reports shall be maintained by the division for ten years.

(c) Following a business inspection or audit, the division shall notify the business of the division's findings by sending a:

(i) letter to the business indicating any problems, concerns or violations found during the inspection or audit along with an action plan detailing expectations regarding correction of the items identified; or

(ii) notice of agency action.

 

R708-48-9. Contracts.

(1)(a) A written contract approved by the division shall be executed by both the client and an authorized representative of the business before the business may render any services to a client.

(b) If a client is under 18 years of age, the contract shall also be signed by a parent or legal guardian prior to any service.

(c) A copy of the contract shall be given to the client and the original retained by the business.

(d) The contract shall contain:

(i) the client's:

(A) full legal name;

(B) date of birth;

(C) driver license number;

(D) license plate number;

(E) full residential address; and

(F) full mailing address;

(ii) a description of the services to be provided by the business;

(iii) a break-down of the costs associated with all services provided; and

(iv) any requests made by the client.

(2) The client shall be given a receipt upon payment of any fees.

 

R708-48-10. Records.

(1) All of the business' records shall be kept accurately and completely.

(2) The business shall maintain the following client records for a period of four years after the contractual obligation with the client has concluded:

(a) documentation of any service provided to a client which include:

(i) the client's:

(A) name;

(B) date of birth;

(C) driver license number;

(ii) license plate number;

(iii) type of service provided;

(iv) exact date the service was performed;

(v) name of the installer and installer ID number; and

(vi) ignition interlock device serial number and name of manufacturer;

(b) original copies of client contracts;

(c) original copies of receipts, and

(3) The business' administrative records shall be maintained for the life of the business, including:

(a) business plans;

(b) licenses;

(c) training records;

(d) personnel records; and

(e) surety bond information.

(4) Records of the business shall be updated within 24 hours of service.

(5) All ignition interlock system installations and removals must be reported electronically to the division in a manner specified by the division within 24 hours, and shall include the following:

(a) the client's:

(i) name;

(ii) date of birth

(iii) driver license number;

(b) license plate number;

(c) ignition interlock device serial number and name of manufacturer; and

(d) date of installation or removal.

(6) Each provider shall review the records of the business at least annually for completeness and accuracy.

(7) If any records that the business is required to maintain are lost or destroyed, the provider shall be immediately file an affidavit with the division which states:

(a) the date the record was lost or destroyed; and

(b) the circumstances surrounding the loss or destruction.

 

R708-48-11. Grounds for the Denial, Cancellation or Revocation of a Provider or Installer License.

(1) A provider or installer may be denied, cancelled or revoked for any of the following:

(a) failure to comply with any of the provisions of Title 53, Chapter 3, Part 10, 41-6a-518, or R708-48; or

(b) falsification of any records or other required information relating to the Ignition Interlock System program.

(2)(a) In determining whether denial, cancellation or revocation is appropriate, the division shall consider the provider's or installer's involvement and the severity of the violation.

(b) In lieu of cancelling or revoking a license, the division may elect to place the provider or installer on probation if warranted by the nature of the violation.

 

R708-48-12. Adjudicative Proceedings.

(1) All adjudicative proceedings set forth in this section shall be conducted informally as provided in Section 63G-4-202.

(2) The division shall initiate agency action against an provider or installer with a notice of agency action in accordance with Section 63G-4-201.

(3)(a) An ignition interlock system provider or ignition interlock system installer who receives a notice of agency action indicating that the division intends to deny, cancel or revoke a license may request a hearing by filing a written request for hearing with the division within 10 calendar days from the date the notice of agency action is issued.

(b) If a timely request for hearing is filed, the agency action shall be stayed until the division's hearing officer issues a written decision.

(c) A hearing shall be held before the division's hearing officer within 30 calendar days from the day that the division receives the written request for hearing, unless agreed to by the parties.

(d) At the hearing, the provider or installer shall have an opportunity to demonstrate why the division should not take agency action.

(e) The hearing officer shall issue a written decision within 10 business days after the hearing in accordance with Section 63G-4-203.

(f) The written decision of the hearing officer shall constitute final agency action and is subject to judicial review in accordance with Section 63G-4-402.

 

KEY: Ignition Interlock System Program

Date of Enactment or Last Substantive Amendment: 2012

Authorizing, Implemented, or Interpreted Law: Title 53, Chapter 3, Part 10