PERMANENT RULES
Effective Date of Rule: January 1, 2011.
Purpose: Updating chapter 204-50 WAC to include but not limited to certification of ignition interlock service centers, ignition interlock technicians, and updating calibration procedures of ignition interlock devices.
Changes will also provide clarifying language and clean up to existing language.
Citation of Existing Rules Affected by this Order: Amending chapter 204-50 WAC.
Statutory Authority for Adoption: RCW 43.43.395, 46.37.005, and 46.04.215.
Adopted under notice filed as WSR 10-20-130 on October 5, 2010.
Changes Other than Editing from Proposed to Adopted Version: 1. Numbers were added to the definitions under WAC 204-50-030 and some clean up/clarification was made to some of the definitions. A definition for initial start failure was also added.
2. The phrase "International Organization of Standardization" was changed to "International Organization for Standardization" in WAC 204-50-040, and some clean-up language was provided.
3. Clean-up language was provided in WAC 204-50-046 which includes but is not limited to:
| • | Changes in WAC 204-50-046 (2)(b)(ii) to provide timeframe for the knowledge and skills examination. |
| • | Changes in WAC 204-50-046 (2)(c)(i) to the alcohol related offenses to limit them to the last three years and two or more within the last five years. |
| • | Changes in WAC 204-50-046 (2)(c)(ii) to the deferred prosecution to pertain to an alcohol related offense within the last three years. |
| • | Changes in WAC 204-50-046 [(2)(c)](iv) to clarify the licensing requirements. |
| • | Changes in WAC 204-50-046 (6)(b) to send notice to the manufacturer and vendor when a technician has been suspended or revoked. |
5. Changes in WAC 204-50-080 to the reference value to make it ten percent.
6. Changed the word "reader" to "logger" in WAC 204-50-080 (3) and (4).
7. Added language in WAC 204-50-080(6) that will eliminate the mail-in calibration and examination program on January 1, 2012.
8. Changes in WAC 204-50-080 (6)(b)(i) to require a vehicle be inspected at a fixed site service center if enrolled in the mail-in program every one hundred thirty days to mirror the requirement of those not in the mail-in program as requested at the hearing.
9. Clean-up language was added to WAC 204-50-090.
10. Updates to WAC 204-50-100 (2)(a) to remove the requirement that the restricted operator be present for installation and replace it with the requirement that they successfully complete training prior to initial use of the device.
11. Changes to WAC 204-50-110 (1)(e) as suggested to require two mouth pieces upon installation to the driver and an additional mount [mouth] piece every sixty to sixty-five days.
12. Updates to WAC 204-50-110 (1)(h) to set a new deadline for implementation of June 10, 2015, to coincide with the implementation of the fuel cell technology and reworded for clarification.
13. Updates to WAC 204-50-110 (3)(d) to include the person who prepared the report as suggested at the hearing.
14. Changes language in WAC 204-50-120 (1)(c) from the lessee/restricted operator to the service technician and provide clarifying language to outline which counties qualify.
15. Changes in WAC 204-50-130(1) removing the language that restricts the removal of the device within the last four months, referencing requirements of RCW 46.20.720. Also provides clean-up language under subsections (2) and (3).
A final cost-benefit analysis is available by contacting Melissa Van Gorkom, P.O. Box 42600, Olympia, WA 98504-2600, phone (360) 596-4017, fax (360) 596-4015, e-mail wsprules@wsp.wa.gov.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 18, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 18, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 18, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: November 29, 2010.
John R. Batiste
Chief
OTS-3642.3
AMENDATORY SECTION(Amending WSR 99-01-156, filed 12/23/98,
effective 1/1/99)
WAC 204-50-010
Authority.
This chapter is promulgated
pursuant to RCW 43.43.395, 46.37.005 and 46.04.215.
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-010, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-010, filed 12/9/87.]
[Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-020, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-020, filed 12/9/87.]
(1) Alcohol - Means the unique chemical compound ethyl alcohol. For the purpose of ignition interlock devices, all devices will be specific for ethyl alcohol.
((Authorized service provider (ASP) - The person or
company meeting all qualifications outlined throughout this
chapter and approved and trained by the manufacturer to
service, install, monitor, calibrate, and provide information
on manufacturer's devices currently certified for use in
Washington state.))
(2) Bogus sample - Any air sample that is altered,
diluted, contaminated, stored, or filtered human breath, or
which is obtained from an air compressor, hot air dryer,
balloon, manual air pump, or other mechanical device, and is
provided by an individual attempting to start or continue to
operate a vehicle equipped with ((a)) an ignition interlock
device.
(3) Breath ((or blood)) alcohol concentration (((BAC)))
BrAC - Is the amount of alcohol in a person's ((blood or))
breath determined by chemical analysis, which shall be
measured by grams of alcohol per((:
(a) 100 milliliters of blood; or
(b))) 210 liters of breath.
(4) Certification - The testing and approval process required by RCW 46.04.215, 43.43.395 and chapter 204-50 WAC.
(5) Chief - The chief of the Washington state patrol or his or her designee.
(6) Circumvention - Means the attempted or successful bypass of the proper functioning of an ignition interlock device including, but not limited to, the operation of a vehicle without a properly functioning ignition interlock device, the push start of a vehicle with the ignition interlock device, disconnection or alteration of the ignition interlock device, the introduction of a bogus sample other than a deep-lung sample from the driver of the vehicle, introduction of an intentionally contaminated or altered breath sample, continued operation of the interlock vehicle after the ignition interlock device detects excess breath alcohol.
(7) Court (or originating court) - The particular Washington state court, if any, that has required the use of an ignition interlock device by a particular individual or has responsibility for the preconviction or postconviction supervision of an individual required to use or using the ignition interlock device.
((Device - An ignition interlock breath alcohol device
(IID).))
(8) DOL - The department of licensing of the state of Washington.
(9) Fail level - The ((BAC)) BrAC of .025 g/210L or a
level set by the originating court, if lower, at which the
ignition interlock device will prevent the operator from
starting the vehicle, and/or once the vehicle is started, the
level at which the operator must record a test below, or must
shut off the vehicle, to avoid registering a violation reset.
(10) Ignition interlock device (((IID))) - An electronic
device that is installed in a vehicle which requires
submitting to a ((BAC)) BrAC test prior to the starting of the
vehicle and at periodic intervals after the engine has been
started. If the ((unit)) ignition interlock device detects a
((BAC)) BrAC test result below the alcohol setpoint, the
((unit)) ignition interlock device will allow the vehicle's
ignition switch to start the engine. If the ((unit)) ignition
interlock device detects a ((BAC)) BrAC test result above the
alcohol setpoint, the vehicle will be prohibited from
starting.
(11) Ignition interlock technician - A person employed by the ignition interlock device manufacturer or vendor and certified by the impaired driving section to install, service, calibrate, remove and monitor certified ignition interlock devices in Washington state.
(12) Impaired driving section (((IDS))) - The ((impaired
driving)) section of the Washington state patrol that has been
designated by the chief of the Washington state patrol to
coordinate and regulate ignition interlock devices.
(13) Initial start failure - A breath sample introduced into an ignition interlock device when a restricted operator is attempting to start a vehicle with a BrAC higher than .025 g/210L or the alcohol concentration as prescribed by the originating court.
(14) Lessee - A person who has entered into an agreement
with a manufacturer, vendor, or ((authorized)) service
((provider)) center to lease ((a)) an ignition interlock
device.
(15) Letter of certification - Means a letter issued by the Washington state patrol that authorizes a manufacturer's ignition interlock device to be used as an ignition interlock device under this chapter; or an ignition interlock technician to install, service, calibrate, remove and monitor certified ignition interlock devices in Washington state; or a service center location to service, install, monitor, and calibrate ignition interlock devices currently certified for use in Washington state.
(16) Lockout - A period of time where the ignition interlock device will not allow a breath sample to be delivered or a vehicle's engine to be started.
(17) Manufacturer - The person, company, or corporation
who produces the ignition interlock device, and certifies to
((IDS)) the impaired driving section that a service
((provider)) center, vendor, or ignition interlock technician
is qualified to service, install, monitor, calibrate, remove,
and provide information on the manufacturer's ignition
interlock device((s)).
(18) OAC - Office of the administrator of the court.
(19) Patrol - The Washington state patrol as defined in RCW 43.43.010.
(20) Restricted operator - A person whose driving
privileges are restricted by court order or the department of
licensing to operating only motor vehicles equipped with an
approved, functioning ((IID)) ignition interlock device.
((Simulator - A device which when filled with a certified
simulator solution, maintained at a known temperature,
provides a vapor sample of a known alcohol concentration.))
(21) Service center - A location certified by the impaired
driving section to service, install, monitor, remove and
calibrate certified ignition interlock devices in Washington
state.
(22) Tampering - Any act or attempt to disable or
circumvent the legal operation of an ((IID)) ignition
interlock device.
(23) Vendor - An impaired driving section approved company, business, or distributor who is contracted by a manufacturer to manage service centers and/or technicians.
(24) Violation reset - ((The condition caused by the
failure of the operator of a vehicle to perform a test or
retest as required, or by the operator's inability to achieve
such test or retest results at the lower of the maximum
allowable alcohol concentration as set by the originating
court or .025 BAC, the device and the vehicle in which it is
installed must be returned to the manufacturer or authorized
service provider to be reset)) An unscheduled service of the
ignition interlock device and required download of the
ignition interlock device's data storage system by a service
center because the restricted operator has recorded a fail
level or a restricted operator failed to have the ignition
interlock device serviced within the time period described in
this chapter.
(25) Wet bath simulator - A device which when filled with a certified alcohol and water simulator solution, maintained at a known temperature, provides a vapor sample of a known alcohol concentration.
[Statutory Authority: RCW 46.37.005 and 46.04.215. 09-18-073, § 204-50-030, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). 05-17-065, § 204-50-030, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-030, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-030, filed 12/9/87.]
(a) To be certified, a device must:
(i) Meet all standards set under chapter 204-50 WAC;
(ii) Meet or exceed the minimum test standards in sections one and two of the model specifications for breath alcohol ignition interlock devices (BAIID) as published in the Federal Register, Volume 57, Number 67, Tuesday, April 7, 1992, on pages 11774 - 11787, or as rules are adopted. Only a notarized statement, from a laboratory capable of performing the tests specified, will be accepted as proof of meeting or exceeding the standards. The notarized statement must include the name and signature of the person in charge of the tests under the following sentence:
(iii) Submit two devices to the IDS for testing and
review.
(b) Upon receipt of a statement from a testing laboratory that two samples of a device have successfully passed the test procedures listed in this chapter, and confirmation that all other requirements of this chapter have been met, the chief or designee may issue a letter of certification for the device.
(2) Revocation or surrender of certification.
(a) The letter of certification will be subject to review by the IDS on an annual basis. It will be valid for three years or until voluntarily surrendered by the manufacturer or until revoked by the chief or designee for cause. Reasons for revocation include but are not limited to:
(i) Evidence of repeated device failures due to gross defects in design, materials, and/or workmanship during manufacture, installation, monitoring, or calibration of the device such that the standards for accuracy and reliability of the devices for which the devices were tested are not being met (as determined by IDS);
(ii) Evidence that the features and functionality of a manufacturer's devices are not being programmed properly by ASP(s) or are being circumvented by lessees such that the standards for anticircumvention for which the devices were tested are not being met;
(iii) Any violation on the part of the manufacturer(s) or ASP(s) of any of the laws or regulations related to the installation, servicing, monitoring, and calibration of devices, including, but not limited to, "other provisions" listed in WAC 204-50-120;
(iv) Notice of cancellation of manufacturer's and/or ASP's required liability insurance is received;
(v) Notification that the manufacturer is no longer in business. This notification must be made immediately to the IDS;
(vi) Notification that material modification or alteration in the components and/or the design of the certified device is not provided or the recertification process is not completed as outlined in WAC 204-50-050.
(b) Unless necessary for the immediate good and welfare of the public, revocation will be effective thirty days from the date of the letter sent to the manufacturer via certified mail, return receipt requested. A copy of each notice of revocation will be provided to the director of the DOL and to the OAC for the state of Washington. The manufacturer's device(s) will be removed from the list of certified devices on the WSP web site.
(c) Upon voluntary surrender, or revocation of a letter of certification for a manufacturer's device, all like devices must be removed and replaced by a certified device, within sixty-five days of the effective date of such surrender or revocation. The ASP must notify all affected lessees of decertification and the requirements for a new device to be installed by an existing ASP.
(d) The IDS will maintain a file of all current, revoked, and voluntarily surrendered letters of certification for the period of time as outlined in the WSP records retention schedule.
(3) Review for recertification.
A manufacturer whose letter of certification has been revoked may request a review of revocation by submitting the request in writing to the chief or designee within thirty days from the date on the revocation letter. The request must be made in writing and mailed to WSP Impaired Driving Section, 811 East Roanoke St., Seattle, WA 98102.)) An application must be approved and letter of certification issued by the chief or designee before a manufacturer's ignition interlock device is authorized for installation pursuant to this chapter.
(2) Application for letter of certification for an ignition interlock device.
(a) A manufacturer must submit an application to the impaired driving section for a letter of certification for its ignition interlock device.
(b) In order to have an ignition interlock device certified, the applicant(s) must:
(i) Complete the application form provided by the impaired driving section.
(ii) Provide written verification that the ignition interlock device complies with all applicable standards set under RCW 43.43.395 and chapter 204-50 WAC, including written documentation from an International Organization for Standardization (ISO) certified testing laboratory that two samples of the manufacturer's ignition interlock device meets or exceeds the minimum test standards in sections one and two of the model specifications for breath alcohol ignition interlock devices (BAIID) as published in the Federal Register, Volume 57, Number 67, Tuesday, April 7, 1992, on pages 11774 - 11787, or as rules are adopted. Only a notarized statement as outlined in RCW 43.43.395 (3)(b)(i), from a laboratory that is certified by the International Organization for Standardization and is capable of performing the tests specified will be accepted as proof of meeting or exceeding the standards.
(iii) Provide two ignition interlock devices for testing and review.
(iv) Attach to the application a declaration on the form provided by the impaired driving section that:
(A) The manufacturer, and its employees will cooperate with the impaired driving section at all times, including its inspection of the manufacturer's installation, service, repair, calibration, use, removal, or performance of ignition interlock device.
(B) The manufacturer agrees to provide all downloaded ignition interlock device data, reports and information related to the ignition interlock device to the impaired driving section in an impaired driving section approved electronic format.
(C) The manufacturer, vendor, and/or ignition interlock technician agrees to provide testimony relating to any aspect of the installation, service, repair, calibration, use, removal or performance of the ignition interlock at no cost on behalf of the state of Washington or any other political subdivision.
(v) Provide the alcohol reference value and type of calibration device used to check the ignition interlock device.
(vi) Provide the Washington state software ignition interlock device configuration profile.
(vii) Provide the impaired driving section, a map of the state of Washington showing the area covered by each certified fixed site and/or mobile service center, areas and the name, address, certification number and telephone number of each service center.
(3) Issuance of a letter of certification for an ignition interlock device or renewal of letter of certification for an ignition interlock device.
(a) The chief or designee will have the authority to issue a letter of certification for a device if all the requirements have been met by the applicant.
(b) Upon receipt of an application for letter of certification, the chief or designee will:
(i) Approve an application under this section if all requirements of this section have been met; or
(ii) Deny the application if all requirements of this chapter have not been met by the applicant. If an applicant is denied, the applicant must wait ninety days before the applicant may resubmit its application for letter of certification for an ignition interlock device.
(c) The chief or designee will notify the applicant in writing if an application for a letter of certification has been denied. The notice of denial will be sent to the applicant via certified mail, return receipt requested.
(d) A letter of certification for an ignition interlock device will be effective the date stated on the letter.
(e) A letter of certification for an ignition interlock device will be valid for three years or until it is surrendered, suspended, or revoked.
(f) A letter of certification for an ignition interlock device will be subject to review by the impaired driving section at its discretion during the course of the certification period.
(4) Renewal of a letter of certification for an ignition interlock device.
(a) A manufacturer must submit an application to the impaired driving section requesting a renewal of a letter of certification for an ignition interlock device. The renewal request may be submitted ninety days prior to the expiration of a letter of certification, but a renewal request must be submitted within thirty days prior to the expiration of a letter of certification.
(b) For a manufacturer to have its letter of certification for an ignition interlock device renewed, it must submit:
(i) A written request for renewal of a letter of certification for an ignition interlock device.
(ii) Written verification that the ignition interlock device complies with all applicable standards set in RCW 43.43.395 and chapter 204-50 WAC, including a current report from an ISO certified testing laboratory that two samples of the manufacturer's ignition interlock device meets or exceeds the minimum test standards in sections one and two of the model specifications for breath alcohol ignition interlock devices (BAIID) as published in the Federal Register, Volume 57, Number 67, Tuesday, April 7, 1992, on pages 11774 - 11787, or as rules are adopted. Only a notarized statement as outlined in RCW 43.43.395 (3)(b)(i), from a laboratory that is certified by the International Organization for Standardization and is capable of performing the tests specified will be accepted as proof of meeting or exceeding the standards.
(c) The chief or designee will notify the manufacturer in writing if renewal of a letter of certification has been denied. The notice of nonrenewal will be sent to the certified holder via certified mail, return receipt requested.
(5) Revocation of a letter of certification for an ignition interlock device.
(a) The chief or designee may revoke a letter of certification for an ignition interlock device for a manufacturer's, vendor's, service center's or ignition interlock technician's violation of any of the laws or regulations related to the installation, servicing, monitoring, removal and calibration of ignition interlock devices, including but not limited to, "additional requirements" listed in WAC 204-50-120.
(b) A copy of a notice of revocation for a certification for an ignition interlock device will be provided to the DOL and to the OAC for the state of Washington.
(c) Upon revocation of a letter of certification for an ignition interlock device, the manufacturer's ignition interlock device(s) will be removed from the list of certified ignition interlock devices on the patrol's web site.
(d) If a manufacturer holding a letter of certification for an ignition interlock device is no longer in business, it shall immediately send written notification to the impaired driving section informing it that the manufacturer is no longer in business, and the impaired driving section will revoke its letter of certification.
(e) If a manufacturer holding a letter of certification wishes to voluntarily relinquish its letter of certification, the manufacturer shall send written notice to the impaired driving section advising it that the manufacturer is relinquishing its letter of certification for an ignition interlock device.
(f) Upon voluntary surrender or revocation of a letter of certification for a manufacturer's ignition interlock device, the impaired driving section shall notify all vendors and/or service centers that all of a manufacturer's uncertified ignition interlock devices must be removed and replaced by a certified ignition interlock device within sixty-five days of the effective date of such surrender or revocation. The service center will notify all affected lessees of the revocation of the manufacturer's certification and requirement that a certified service center install and/or replace the ignition interlock device.
(g) The impaired driving section will maintain a file of all current, revoked, and voluntarily surrendered letters of certification for the time period required by the patrol records retention schedule.
(h) The chief or designee will notify the manufacturer in writing if a letter of certification has been revoked. The notice of revocation will be sent to the certificate holder via certified mail, return receipt requested.
(6) All ignition interlock devices must employ fuel cell technology on or before June 10, 2015. An ignition interlock device that does not employ fuel cell technology after June 10, 2015, will not be an approved device in Washington state and will have its letter of certification denied or revoked.
[Statutory Authority: RCW 46.37.005 and 46.04.215. 09-18-073, § 204-50-040, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). 05-17-065, § 204-50-040, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-040, filed 12/23/98, effective 1/1/99. Statutory Authority: RCW 46.20.730. 88-15-050 (Order 88-04-ESR), § 204-50-040, filed 7/18/88. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-040, filed 12/9/87.]
(2) Application for certification for a fixed site service center.
(a) A manufacturer or vendor must submit an application to the impaired driving section for a letter of certification for a fixed service center.
(b) In order to have a fixed service center certified, the applicant(s) must:
(i) Complete the application form provided by the impaired driving section. In the application form the applicant shall disclose:
(A) The physical address of the service center;
(B) The days and hours of operation for the service center;
(C) The type of the certified ignition interlock device it will service;
(D) The type of calibration device it will use for the ignition interlock device(s) it will service.
(ii) Submit a copy of the ignition interlock device data reader download procedures.
(iii) Submit a written statement from a manufacturer that authorizes the service center to install the manufacturer's certified ignition interlock device.
(iv) Submit a list of all fees that may be charged to the lessee to install the manufacturer's certified ignition interlock device.
(3) Application for certification for a mobile site service center.
(a) A manufacturer or vendor must submit an application to the impaired driving section for a letter of certification for a mobile service center.
(b) In order to have a mobile service center certified, the applicant(s) must:
(i) Submit the information required in subsection (1)(b)(i) through (iii) of this section.
(ii) Submit a copy of liability insurance for the vehicle to be used as the mobile service center.
(iii) Submit certification number(s) of the fixed site service center(s) overseeing the mobile service center and the technician(s) that will work from the mobile service center(s).
(iv) Submit a list of all fees or rates that may be charged to a lessee to install, remove, repair, or service an ignition interlock device by a mobile service center.
(4) Inspection of fixed and/or mobile service center. A vendor or manufacturer must agree to allow access for a representative from the impaired driving section to conduct an inspection at any time during scheduled business hours to ensure compliance as required in chapter 204-50 WAC.
(5) Service center requirements. To receive and maintain a letter of certification, a fixed site service center must:
(a) Be located in a facility which properly accommodates installing, inspecting, downloading, calibrating, repairing, monitoring, maintaining, servicing, and/or removing of ignition interlock devices.
(b) Have posted a current copy of all fees and rates a lessee may be charged to install, remove, repair or service an ignition interlock device by a fixed or mobile service center. The fees and rates must be plainly visible and capable of being read at all times by the public.
(c) Provide lessees a statement of charges clearly specifying warranty details, monthly lease amount, any additional charges anticipated for routine calibration and service checks and what items, if any, are provided without charge.
(d) Provide the lessee written notice of any changes in the statement of charges regardless of what person or agency requested the change, prior to the implementation of such changes.
(e) Comply with all municipal and/or county zoning regulations for commercial businesses.
(f) Have and maintain a designated waiting area that is separate from the installation area for the lessee. The designated waiting area must be shielded from the installation area so a lessee or any other unauthorized person cannot witness the installation or service of the ignition interlock device.
(6) Issuance of letter of certification for a fixed and/or mobile service center.
(a) The chief or designee will have the authority to issue a letter of certification to a fixed and/or mobile service center if all qualifications outlined in this chapter have been met by the applicant.
(b) A letter of certification or a service center must be posted and visible to the public.
(c) The chief or designee will notify an applicant in writing if a letter of certification has been denied. The notice of denial will be sent to the applicant via certified mail, return receipt requested.
[]
(2) Application for letter of certification for an ignition interlock technician.
(a) A manufacturer, vendor, or service center must submit an application to the impaired driving section for a letter of certification for each ignition interlock technician employed at a fixed or mobile service center.
(b) In order to receive a letter of certification for an ignition interlock technician, the applicant(s) shall:
(i) Complete the application form provided by the impaired driving section.
(ii) Beginning January 1, 2012, or prior to the next renewal, have its employee complete the knowledge and skills examination administered by the impaired driving section. An applicant's employee must score eighty percent or higher on the knowledge and skills examination to be eligible for a letter of certification.
(iii) Submit, at the expense of the manufacturer, service center, vendor or applicant, a criminal history report conducted within the preceding thirty days of the date on the application. The criminal history report shall be attained from either the patrol's identification and criminal history section if the employee has lived in Washington for five years immediately preceding the date of the application or, a criminal background check from the agency responsible for keeping criminal history in the state or states of the previous residence of an employee who has not lived in Washington for the five years immediately preceding the date of application.
(c) The chief or designee will refuse to issue or may revoke a letter of certification for the ignition interlock technician if the ignition interlock technician:
(i) Has been convicted of:
(A) Any alcohol related traffic offense within the last three years;
(B) A DUI, as defined in chapter 46.61 RCW, two or more times within the last five years;
(C) Any offense classified as a felony within the five years prior to the date of the applicant filing an application for certification as an ignition interlock technician.
(ii) Has been granted a deferred prosecution under chapter 10.05 RCW for an alcohol related traffic offense within the last three years.
(iii) Is not at least eighteen years of age.
(iv) Does not possess a valid Washington driver's license if:
(A) The ignition interlock technician is employed by a service center that provides a mobile service center; or
(B) The ignition interlock technician must operate a lessee's vehicle to provide services in accordance with this chapter.
(d) The term "conviction" as used in this section will have the same meaning as used in chapter 9.94A RCW.
(3) Issuance of letter of certification for an ignition interlock technician.
(a) The chief or designee will have the authority to issue a letter of certification for an ignition interlock technician if an application has been approved and all qualifications set out in this chapter have been met by the applicant.
(b) A letter of certification for an ignition interlock technician will be effective the date stated in the letter and contain a certification number specific to the ignition interlock technician.
(c) A letter of certification for an ignition interlock technician will be valid for one year or until suspended, superseded, or revoked by the impaired driving section.
(d) A letter of certification for an ignition interlock technician will be subject to review by the impaired driving section at its discretion during the course of the certification period.
(e) The chief or designee will deny an application for a letter of certification for an ignition interlock technician if all qualifications are not met by the applicant, and it will notify the applicant and service provider or vendor or both within ten days of such determination.
(f) The chief or designee will notify the applicant in writing if an application for letter of certification has been denied. The notice of denial will be sent to the applicant via certified mail, return receipt requested.
(4) Renewal of a letter of certification for an ignition interlock technician.
(a) A letter of certification for an ignition interlock technician certification must be renewed on an annual basis.
(b) An application to renew a letter of certification for an ignition interlock technician must be submitted to the impaired driving section at least thirty days prior to the expiration of the certification.
(c) An incomplete or untimely application may result in the expiration of a letter of certification for an ignition interlock technician. If a letter of certification for an ignition interlock technician expires, the ignition interlock technician identified in the expired letter of certification shall immediately stop working as an ignition interlock technician until a new letter of certification is issued by the chief or designee.
(d) Renewal of a letter of certification for an ignition interlock technician will be the same as the process outlined in this section, except the submission of a criminal history report may be submitted by the ignition interlock technician.
(e) If there is pending action against an ignition interlock technician for any violation of the rules outlined in this chapter, an application for the renewal of a letter of certification will not be processed until the pending action has reached a final resolution.
(f) The chief or designee will notify the service center in writing if renewal of a letter of certification has been denied. The notice of nonrenewal will be sent to the certificate holder via certified mail, return receipt requested.
(5) Surrender of a letter of certification for an ignition interlock technician.
(a) An ignition interlock technician letter of certification may be surrendered upon written request from the vendor, service center, or an ignition interlock technician or if the impaired driving section receives written notification that the ignition interlock technician is no longer employed by a certified service center representing the same manufacturer under which the current ignition interlock technician certification was issued.
(b) The original letter of certification must be returned to the impaired driving section. If the original certification is not provided with the written notification the impaired driving section will instruct an inspector to obtain the original certification.
(6) Suspension or revocation of a letter of certification for an ignition interlock technician.
(a) The chief or designee may suspend or revoke certification of an ignition interlock technician who no longer meets all of the requirements outlined under the Revised Code of Washington or this chapter.
(b) The chief or designee will notify the ignition interlock technician, manufacturer and vendor in writing if a letter of certification has been suspended or revoked. The notice of suspension or revocation will be sent to the certificate holder via certified mail, return receipt requested.
(c) During a period of suspension of a letter of certification for an ignition interlock technician, the suspended ignition interlock technician shall cease any and all activities related to the repair, installation, removal, or service of a certified ignition interlock device in the state of Washington.
(d) If a letter of certification for an ignition interlock technician is suspended or revoked the ignition interlock technician shall, on demand, surrender the certification and return it to the impaired driving section.
[]
(2) A manufacturer must resubmit evidence of compliance
as required in WAC 204-50-040 to the impaired driving section
within thirty days of notifying the ((IDS)) impaired driving
section of ((the)) a material modification ((or alteration to
a certified device, the manufacturer must resubmit to IDS the
evidence of compliance as required in WAC 204-50-040)).
[Statutory Authority: RCW 46.37.005 and 46.04.215. 09-18-073, § 204-50-050, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). 05-17-065, § 204-50-050, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-050, filed 12/23/98, effective 1/1/99. Statutory Authority: RCW 46.20.730. 88-15-050 (Order 88-04-ESR), § 204-50-050, filed 7/18/88. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-050, filed 12/9/87.]
[Statutory Authority: RCW 46.37.005 and 46.04.215. 09-18-073, § 204-50-070, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). 05-17-065, § 204-50-070, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-070, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-070, filed 12/9/87.]
(2) ((The)) An ignition interlock device must be
calibrated for accuracy ((according to the manufacturer's and
the IDS's procedures,)) by using a wet bath simulator or dry
gas alcohol standard with an alcohol reference value between
.030 and .050 g/210L. The result must be within plus or minus
ten percent of the reference value introduced into the
ignition interlock device.
(a) Wet bath simulators must:
(i) Use a mercury in glass or digital thermometer ((with
a scale graduated in tenths of a degree measuring a range
between 33.5 and 34.5 degrees centigrade)). These
thermometers must read 34 plus or minus .2 degrees Centigrade
during analysis and be certified annually using a National
Institute of Standards and Technology (NIST) ((certified))
traceable digital reference thermometer.
(ii) Be found on the current National Highway Traffic Safety Administration confirming products list of calibrating units for breath alcohol testers.
(iii) Use alcohol reference solutions prepared and tested in a laboratory such that their reference value is shown to be traceable to the National Institute of Standards and Technology. The 500 ml bottles containing simulator solution must be tamper proof and labeled with the following: Lot or batch number, value of the reference sample in g/210L, and date of preparation and/or the expiration which must not be longer than one year from the date of preparation.
(b) Dry gas alcohol standards must be certified to a
known reference value and traceable to National Institute of
Standards and Technology - NIST Traceable Reference Material
(NIST-NTRM) ethanol standards. ((This known)) The reference
value will ((also)) be adjusted for pressure changes due to
elevation to which the dry gas is being used.
(((3) All data)) (i) Dry gas alcohol standard tanks must:
(A) Be stored in an environment where the temperature range remains between 50-104 degrees Fahrenheit.
(B) Have a label which will contain the following: Components and concentration of the reference value of the gas, expiration date which must not be longer than three years from the date of preparation, and the lot or batch number.
(ii) Each service center using a dry gas alcohol standard will have:
(A) An elevation chart which will be used to determine the proper reference value for the elevation for which the gas standard is being used.
(B) The certificate of analysis from the dry gas standard manufacturer.
(3) The results of each calibration including the reference value, calibration check, and any adjustments made for elevation pressure must be recorded on the ignition interlock device data logger and/or data base.
(4) Data contained in ((the)) an ignition interlock
device's memory or data logger must be downloaded and the
manufacturer, vendor and/or ((the ASP)) service center must
make ((a hard copy or)) an electronic ((equivalent)) copy of
the client data and the results of each examination.
(5) Data downloaded by a manufacturer, vendor and/or service center from an ignition interlock device must be:
(a) Reviewed by the manufacturer, vendor, ignition
interlock technician, and/or service center. Any evidence of
noncompliance, violations, or signs of tampering and/or
circumvention must be reported as requested by, and in a
format acceptable to the originating court, ((IDS)) impaired
driving section and/or DOL.
(b) All information obtained as a result of each
calibration or inspection must be retained by the
manufacturer, vendor or ((approved)) service ((provider))
center for ((two)) three years from the date the ignition
interlock device is removed from the vehicle.
(((4))) (6) The mail-in calibration and examination
program will cease on January 1, 2012. Any ((ASP)) service
center proposing to offer a mail-in calibration and
examination program to their lessees must obtain written
approval from ((IDS)) the impaired driving section prior to
implementing the mail-in program.
(a) To obtain approval ((the ASP)) for a mail-in
calibration and examination program, a service center must
submit a copy of written procedures outlining how the mail-in
program will ((work)) comply with the requirements of this
chapter.
(b) Written procedures for a mail-in calibration and examination program must include:
(i) A requirement that all restricted operators enrolled in the mail-in program have the ignition interlock device calibrated, downloaded, the ignition interlock device's wiring harness physically inspected in the vehicle in which it was installed at a fixed site or mobile service center of the manufacturer every one hundred thirty days for the period of installation.
(ii) A restriction prohibiting restricted operators from using the program during the last four months of a restricted operator's DOL or court mandated ignition interlock device period.
(iii) A disqualification for a restricted operator from the mail-in program if their data reader or data base shows a breath alcohol sample equal to or greater than .040 g/210L, or if a restricted operator and/or lessee has a violation reset condition.
((ASP)) (c) The manufacturer, vendor, ignition interlock
technician or service center must ((also)) provide ((the
customer)) a restricted operator with written instructions on
how to utilize the mail-in program.
(d) A mail-in program does not eliminate or take the place of any requirements outlined in WAC 204-50-120.
(((5))) (7) The manufacturer, vendor and/or ((ASP))
service center must provide, upon request, additional reports
in a format acceptable to and at no cost to DOL, ((IDS))
impaired driving section and/or the originating court.
(((6) The ASP)) (8) A service center must maintain
records documenting all calibrations, downloads and any other
services performed on an ignition interlock device, ((to
include)) including service of a violation reset ((service)). Charges for installations, calibrations, downloads and service
must be made using a numbered billing invoice. The billing
invoice must contain the date of service and all fees for
service must be itemized.
(((7))) (9) Retention of the record of installation,
calibrations, downloads, service and associated invoices must
be maintained on site for a minimum of ((two)) three years.
[Statutory Authority: RCW 46.37.005 and 46.04.215. 09-18-073, § 204-50-080, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). 05-17-065, § 204-50-080, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-080, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-080, filed 12/9/87.]
(((1))) (a) Special locks, seals, and installation
procedures that prevent or record evidence of tampering and/or
circumvention attempts;
(b) Installation and/or use of all anticircumvention features required under this chapter;
(c) Changes in software and ignition interlock device configuration, including anticircumvention features and the Washington state configuration profile will only be administered by the manufacturer, and/or vendor.
(2) In addition, ((the approved)) a service ((provider))
center or ignition interlock technician will affix to the
ignition interlock device a label containing the following
notation: "Warning - This ignition interlock device has been
installed under the laws of the state of Washington. Attempts
to disconnect, tamper with, or circumvent this ignition
interlock device may subject you to criminal prosecution. For
more information, call (insert ((manufacturer's))
manufacturer, vendor or ((approved)) service ((provider's))
center's toll free number)."
(3) No owner or employee of a manufacturer ((of ASP)),
vendor or service center may authorize or assist with the
disconnection of ((a)) an ignition interlock device, or enable
the use of any "emergency bypass" mechanism or any other
"bypass" procedure that allows a person restricted to use the
vehicle equipped with a functioning ignition interlock device,
to start or operate a vehicle without providing all required
breath samples. Doing so may subject the person to criminal
prosecution under RCW 46.20.750 and may cause the revocation
of a manufacturer's, vendor's, service center, and/or ignition
interlock technician's certification under ((WAC 204-50-040))
chapter 204-50 WAC.
(4) All known ignition interlock device circumventions or
tampering must be reported to the ((IDS upon request))
impaired driving section in an impaired driving section
approved electronic format within seven days of determining
that an ignition interlock device was circumvented or tampered
with.
[Statutory Authority: RCW 46.37.005 and 46.04.215. 09-18-073, § 204-50-090, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). 05-17-065, § 204-50-090, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-090, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-090, filed 12/9/87.]
(2) An ignition interlock technician shall not install an ignition interlock device on a vehicle unless the restricted operator is:
(a) Successful in completing all training prior to initially using the ignition interlock device;
(b) The registered owner of the vehicle or has a signed letter of authorization from the registered owner approving the ignition interlock device installation; and
(c) Provided ignition interlock device training by the manufacturer, vendor, service center, and/or certified technician. If the impaired driving section and/or DOL provides educational materials to the manufacturer, vendor, service center and/or technician, those training materials will be provided to the restricted operator and/or lessee in addition to the training required under this section.
(3) An ignition interlock technician shall:
(a) Record the following information before installing an ignition interlock device:
(i) The full name, current address, phone number, driver's license number of the lessee and/or restricted operator.
(ii) The vehicle license registration number for the vehicle in which the ignition interlock device is to be installed.
(iii) The unique serial number of the ignition interlock device installed and corresponding vehicle license registration number of the single vehicle in which it was installed.
(b) Ensure that no restricted operator, lessee or other unauthorized person witnesses the installation, service or removal of an ignition interlock device.
(c) Inspect all vehicles prior to installation of an ignition interlock device to determine if parts of a vehicle affected by an ignition interlock device are in acceptable condition and an ignition interlock device shall not be installed until the vehicle is in acceptable condition.
(d) Follow the manufacturer's instructions and regulations outlined in this chapter for the installation, servicing and removal of ignition interlock devices.
(e) Install the following physical anti-tampering measures:
(i) Place all connections and associated wiring between an ignition interlock device and a vehicle in an area of the vehicle not immediately accessible or visible to the lessee or restricted operator.
(ii) Cover with a unique and easily identifiable seal, epoxy, resin, shrink wrap, sheathing, or tamper proof tape:
(A) Any portion of an ignition interlock device that can be disconnected;
(B) Any wires used to install the ignition interlock device that are not inside a secured enclosure; and
(C) Mark points likely to be accessed when attempting to tamper with the ignition interlock device with other material unless the ignition interlock device is capable of recording such attempts to tamper with it.
(4) A service center or ignition interlock technician will:
(a) Thoroughly train a restricted operator on the proper use and functionality of an ignition interlock device; and
(b) Provide a user reference, operation, and problem-solving guide in English or Spanish to the restricted operator when an ignition interlock device is installed.
(5) A service center or ignition interlock technician will be available during all posted hours of operation to answer all questions and handle any problems related to a restricted operator's ignition interlock device, including repair or replacement of an inoperable or malfunctioning ignition interlock device.
[]
(((1))) (a) Be designed to permit a "restart" within two
minutes of a stall or when the ignition has been turned off,
except a "restart" will not be permitted during a violation
reset condition.
(((2))) (b) Automatically and completely purge residual
alcohol before allowing subsequent tests.
(c) Allow a minimum of 1500 ml or 1.5 L of breath for an acceptable breath sample.
(((3))) (d) Be installed in such a manner that it will
not interfere with the normal operation of the vehicle after
it has been started.
(((4) Be provided with an ample)) (e) Include a supply of
two disposable mouth pieces upon installation, designed to
minimize the introduction of saliva into ((the)) an ignition
interlock device, and an additional mouth piece with every
sixty to sixty-five day calibration period.
(((5))) (f) Be uniquely serial numbered. ((Along with
any other information required by DOL or by an originating
court, all reports to DOL or to an originating court
concerning a particular device must include the name, address,
and driver's license number of the lessee, and the unique
number of the device. The name, address, telephone number
(toll free), and contact person of the manufacturer or
approved service provider furnishing such report must also be
included as part of the report.
(6))) (g) Uniquely identify and record each time the
vehicle is attempted to be started and/or started, the results
of ((the test)) all tests, retests or failures as being a
malfunction of the device or from the operator not meeting the
requirements, how long the vehicle was operated, and any
indication of bypassing or tampering with the ignition
interlock device, or tests.
(((7))) (h) On or before June 10, 2015, require a
restricted operator to wait five minutes before attempting to
start the vehicle a second or third time and thirty minutes
prior to the fourth or subsequent attempts to initially start
the vehicle when the initial start failure occurs.
(i) Require the operator of the vehicle to submit to a
retest within ten minutes of starting the vehicle. ((Retesting)) A rolling retest must continue at randomly
variable intervals ((not to exceed sixty minutes after the
first retest)) ranging from ten to forty-five minutes after
the previous retest for the duration of the travel. ((The
device must:
(a))) (j) Be equipped with a method of immediately
notifying ((peace)) law enforcement officers if ((the required
retest(s) above is not performed,)) a violation reset occurs
from a rolling retest or ((if)) the result of the retest
exceeds the lower of ((.025 BAC)) .025 g/210L BrAC or the
alcohol concentration as prescribed by the originating court. ((Examples of acceptable)) Acceptable forms of notification
are repeated honking of the vehicle's horn, repeated flashing
of the vehicle's headlamps, or the ((wailing)) use of ((a
small siren)) an audible signaling device. Such notification
may be disabled only by switching the engine off, or by the
achievement of a retest at a level the lower of ((.025 BAC))
.025 g/210L BrAC or the maximum allowable alcohol
concentration as set by the originating court.
(((b) Automatically enter a violation reset condition. A
device which enters a violation reset condition and the
vehicle in which it is installed, must be returned to the
manufacturer or ASP to be serviced)) (k) Enter into a lockout
if a violation reset occurs unless the vehicle is serviced at
a mobile or fixed site service center by a certified
technician where it will be calibrated, downloaded and the
wiring harness physically inspected within five days ((or the
device must render the vehicle inoperable)) of when the
violation reset occurred.
(2) The manufacturer, vendor, ignition interlock
technician or ((approved)) service ((provider must)) center
shall notify the originating court (if any) of such violation
reset conditions within five days of servicing the ignition
interlock device in a format acceptable to the originating
court ((within five days of servicing the device)). The
manufacturer, vendor or ((ASP)) service center must provide
notification to DOL and ((IDS)) impaired driving section in
((a format)) an acceptable electronic format should DOL or
((IDS)) impaired driving section promulgate rules requiring
such notification of a violation reset condition.
(3) In addition to any other information required by DOL, the impaired driving section, or by an originating court, all reports to DOL, the impaired driving section or to an originating court concerning a particular ignition interlock device must include:
(a) The full name, address, and driver's license number of the restricted operator, lessee, and registered owner;
(b) The vehicle license registration number of the single vehicle in which the ignition interlock device was installed;
(c) The unique serial number of the ignition interlock device; and
(d) The toll free telephone number, and certification number of the installing service center and ignition interlock technician who installed and prepared the report for the ignition interlock device.
[Statutory Authority: RCW 46.37.005 and 46.04.215. 09-18-073, § 204-50-110, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). 05-17-065, § 204-50-110, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-110, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-110, filed 12/9/87.]
(((1))) (a) Guarantee repair or replacement of a
defective ignition interlock device within the state of
Washington within a maximum of forty-eight hours of receipt of
a complaint or known failure of an ignition interlock device.
(((2))) (b) Demonstrate to the satisfaction of ((IDS))
impaired driving section, a service delivery plan under which
any restricted operator may obtain installation and routine
service of that manufacturer's ignition interlock device
within a seventy-five mile radius of his or her place of
residence.
(((3) Provide IDS, a map of the state of Washington
showing the area covered by each approved service provider,
and the name, address, and telephone number of each approved
service provider.
(a))) (c) Receive written approval from impaired driving section and require mobile service ignition interlock technicians to sign an agreement to abide by all aspects of WAC 204-50-080 before mobile service centers may work outside of the umbrella of their overseeing fixed site service center(s) to provide service in rural counties of the state. Qualifying rural counties under the Washington state department of health guidelines include: Jefferson, Pacific, Wahkiakum, Klickitat, San Juan, Columbia, Garfield, Adams, Lincoln, Pend Oreille, Stevens, Ferry, and Okanogan counties.
(d) Provide written notification of any changes to ((its
authorized)) a manufacturer's service ((provider)) center
network to the impaired driving section within ((ten)) seven
days of such change.
(((b) Any additions to the approved service provider
network, provide evidence to IDS that any added ASPs have the
insurance coverage as required by subsection (7) of this
section.
(4))) (e) Maintain a twenty-four hour, three hundred
sixty-five days a year toll-free telephone number for lessees
and/or restricted operators to call if they have problems with
the ignition interlock device they have leased from the
manufacturer, vendor or ((approved)) service ((provider))
center. Calls must either be answered by ((a)) an ignition
interlock technician qualified to service the manufacturer's
ignition interlock devices, or the call must be returned by a
qualified technician within thirty minutes of the original
call.
(((5) Provide the lessee a statement of charges clearly
specifying warranty details, monthly lease amount, any
additional charges anticipated for routine calibration and
service checks and what items, if any, are provided without
charge. To ensure equal accessibility of the benefits of this
technology to all citizens of the state of Washington, such
pricing must be uniform statewide.
(6) Provide the lessee written notice of any changes in the statement of charges regardless of what person or agency requested the change, prior to the implementation of such changes.
(7))) (2) The manufacturer shall provide to ((IDS)) the
impaired driving section proof on or before the expiration
date listed on the current valid insurance on file with the
impaired driving section that the manufacturer has products
liability insurance coverage with minimum liability limits of
one million dollars per occurrence, and three million dollar
aggregate. Liability covered must include, but not limited
to: Defects in product design, materials, and workmanship
during manufacture, calibration, installation, removal, and
all completed operations. Such insurance must be provided by
a company authorized to offer such coverage in the state, and
such company must include the state of Washington as an
additional insured, and must agree to notify ((IDS)) the
impaired driving section not less than thirty days before the
expiration or termination of such coverage. Insurance
coverage required in this subsection must be in addition to,
and not considered a replacement for coverage required in
subsection (((8))) (3) of this section.
(((8))) (3) A vendor or service center shall provide
((IDS)) the impaired driving section proof on or before the
expiration date listed on the current valid insurance on file
with the impaired driving section that each and every ((ASP))
service center has:
(a) Garage keepers liability insurance coverage with
minimum liability limits of fifty thousand dollars. Liability
covered must include, but not be limited to, damage to
lessee's vehicle and personal property while in the care
and/or custody of the ((ASP)) service center. ((Further must
provide IDS proof that each and every ASP has completed))
(b) Operations insurance coverage with minimum liability limits of one million dollars per occurrence, and two million dollars aggregate. Liability covered must include, but not be limited to, defects in materials and workmanship during installation, removal, service, calibration, and monitoring.
((All such)) (c) Insurance ((must be)) provided by a
company authorized to offer such coverage in the state, and
such company must include the state of Washington as an
additional insured, and must agree to notify ((IDS)) the
impaired driving section not less than thirty days before
expiration or termination of such coverage.
(d) Insurance coverage required in this subsection must
be in addition to and not considered a replacement for other
coverage required in ((subsection (6) of)) this section.
(((9))) (4) A vendor or service center shall notify the
DOL in an acceptable format and if so requested by the
originating court, notify the originating court, if any, of
the removal of ((a)) an ignition interlock device under any
circumstances other than:
(a) Immediate ignition interlock device repair needs.
(b) Removal of the ignition interlock device in order to
switch it to a replacement vehicle to be operated by the
restricted operator. Report of such a vehicle switch
including the license of the vehicle must be transmitted to
the DOL, and the originating court within two business days of
such a switch, if so requested by the originating court at the
time of initial installation of the ignition interlock device.
Report of such a vehicle switch must be transmitted to the
DOL within two business days of such a switch, if so requested
by the DOL. NOTE: Whenever ((a)) an ignition interlock device
is removed for repair, and cannot be immediately reinstalled,
a substitute ignition interlock device must be utilized. Under no circumstances will a manufacturer ((or ASP)), service
center or ignition interlock technician knowingly permit a
restricted operator to drive a vehicle not equipped with a
functioning ignition interlock device.
[Statutory Authority: RCW 46.37.005 and 46.04.215. 09-18-073, § 204-50-120, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). 05-17-065, § 204-50-120, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-120, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-120, filed 12/9/87.]
(2) The manufacturer or its service center must return the vehicle in normal operating condition after it removes an ignition interlock device.
(3) An ignition interlock technician or service center can only remove an ignition interlock device for which they have been certified to service, unless an ignition interlock technician or service center has received approval from the impaired driving section allowing it to remove an ignition interlock device that it has not been certified to service.
(4) A manufacturer or its service center shall provide any final report requested by the originating court, impaired driving section and/or requested by DOL to the requestor once the ignition interlock device has been removed from a restricted operator's vehicle(s).
[Statutory Authority: RCW 46.37.005 and 46.04.215. 09-18-073, § 204-50-130, filed 8/31/09, effective 10/1/09. Statutory Authority: RCW 46.61.688(2). 05-17-065, § 204-50-130, filed 8/11/05, effective 9/11/05. Statutory Authority: RCW 46.04.215 and 46.37.005. 99-01-156, § 204-50-130, filed 12/23/98, effective 1/1/99. Statutory Authority: 1987 c 247. 88-01-020 (Order 87-05-ESR), § 204-50-130, filed 12/9/87.]
(a) The chief or designee will give the applicant or certificate holder notice of the action and an opportunity to be heard as prescribed in chapter 34.05 RCW, prior to denial, suspension, or revocation of the letter of certification, except as provided in subsection (2) of this section.
(b) Upon receiving notice of the action, the applicant, or certificate holder may request an administrative hearing to contest the decision. A request for an administrative hearing must:
(i) Be made in writing and mailed to the Washington State Patrol Impaired Driving Section, 811 East Roanoke St., Seattle, WA 98102; and
(ii) Be received by the patrol's impaired driving section within twenty business days after the date of the notice of action.
(2) The chief or designee may, without prior notification, suspend a letter of certification for a device, service center, or ignition interlock technician if the chief or designee finds that there is danger to the public health, safety, or welfare that requires immediate action. For every summary suspension of a letter of certification, an order signed by the chief or designee must be entered in accordance with the provisions of RCW 34.05.479.
(3) Failure to request a hearing or failure to appear at a hearing, a prehearing conference, or any other stage of an adjudicative proceeding may constitute default and result in the entry of a final order under RCW 34.05.440.
(4) Administrative proceedings consistent with chapter 34.05 RCW for revocation or other action will be promptly instituted and determined. The chief or designee must give notice as practicable to the letter of certification holder.
(5) Unless the chief or designee finds the immediate revocation is necessary or unless the certificate holder timely requests a hearing as provided under this section, a decision to revoke or suspend will be effective thirty days from the date of the notice of action decision unless the chief or designee finds that immediate revocations is necessary.
[]
(2) A presiding officer will conduct a hearing and any prehearing conference(s).
(3) The burden of proof in any hearing will be on the applicant seeking the letter of certification, or on the person or agency seeking the suspension or revocation of a letter of certification or other action by the chief or designee.
(4) Oral proceedings must be recorded by the method chosen by the chief or designee and such recording will become part of the hearing record.
(5) The following process applies to administrative hearings under this chapter:
(a) The patrol will notify the assistant attorney general of the petitioner's request for an administrative hearing.
(b) The assistant attorney general will draft an administrative complaint and send it to the petitioner and to the office of administrative hearings.
(c) The office of administrative hearings will schedule a hearing date, and will notify the petitioner, assistant attorney general, and patrol in writing of the hearing date, time, and location.
(d) The hearing will be conducted by an administrative law judge assigned by the office of administrative hearings.
(e) At the hearing, the assistant attorney general will present witnesses and other evidence on behalf of the patrol.
(f) At the hearing, the petitioner may be represented by an attorney or may choose to represent himself or herself. The petitioner or his/her attorney will be allowed to present witnesses and other evidence.
(g) Nothing in this section will prevent the parties from resolving the administrative matter by settlement agreement prior to conclusion of the administrative hearing.
(6) Initial and final order. At the conclusion of the hearing, the administrative law judge will prepare an initial order and send it to the petitioner and the assistant attorney general.
(a) Either the petitioner or the assistant attorney general, or both, may file a petition for review of the initial order with the patrol within twenty days of the date of service of the initial order. A petition for review must:
(i) Specify the portions of the initial order to which exception is taken;
(ii) Refer to the evidence of record which is relied upon to support the petition; and
(iii) Be filed with the patrol within twenty days of the date of service of the initial order.
(b) A party on whom a petition for review has been served may, within ten days of the date of service, file a reply to the petition. Copies of the reply must be mailed to all other parties or their representatives at the time the reply is filed.
(c) The administrative record, the initial order, and any exceptions filed by the parties will be submitted to the chief or his/her designee for review. Following this review, the chief or his/her designee will enter a final order that is appealable under the provisions of chapter 34.05 RCW.
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