340-259-0065 Certification as a Clean Diesel Service Provider (1) The Department may certify a person as a Clean Diesel Service Provider. (2) A Clean Diesel Service Provider must: (a) Provide applicants with information about Department tax credit, grant, and loan regulations applicable to the repower or retrofit, and may assist applicants with the tax credit, grant, and loan application forms; (b) Install repowers and retrofits according to tax credit, grant, and loan regulations; (c) Provide applicants with warranty information, estimated annual maintenance costs, an anticipated maintenance schedule, and any other information needed to maintain performance of the repower or retrofit; and (d) Verify the quality and performance of an installation. (3) The Department may certify a person as a Clean Diesel Service Provider on one or more technologies. (4) To obtain certification as a Clean Diesel Service Provider, the person must demonstrate: (a) One or more employees have technical expertise with repower and retrofit technology; (b) Possession of equipment required to analyze a diesel engine to determine appropriate retrofit or repower technology; (c) One or more employees are trained in technology selection, installation, and support of exhaust emission devices or repowering engines; (d) Professionalism while interacting with the Department and applicants; (e) Evidence that the person has been authorized to do warranty work or install devices or engines to maintain warranty; and (f) Other qualifications required by the Department. (5) The Department may revoke the certification of a Clean Diesel Service Provider if the Department finds that the person or one or more of its employees: (a) Obtained certification by fraud or misrepresentation; (b) Performed an installation that does not meet industry standards. The Department may find that the Clean Diesel Service Provider’s performance does not meet industry standards if the person or one of its employees: (A) Does not carry the required level of insurance, licensure or bonding set by the Department; (B) Fails to install the repower or retrofit in compliance with standards adopted under OAR 340-016-0210 through 340-016-0260 and 340-259-0010 through 340-259-0065; (C) Fails to install the repower or retrofit system in a professional manner as determined by the Department; (D) Fails to install the repower or retrofit system to comply with manufacturers’ published specifications; (E) Fails to honor contract provisions; (F) Fails to honor a warranty that they are contractually obligated to perform; (G) Fails to make corrections to remedy failure to comply with paragraphs (A) through (G) of this subsection requested by the Department within 30 days of written notification identifying the problem from the Department, unless a time extension is granted by the Department; or (H) Does not meet eligibility requirements in subsection (4). (c) Misrepresented to the applicant either the tax credit, grant, or loan program or the nature or quality of the repower or retrofit by: (A) Providing false or misleading information to the applicant regarding the availability, amount or nature of the tax credit, grant, or loan; (B) Providing false or misleading information to the applicant regarding the tax credit, grant, or loan application; (C) Providing false or misleading information to the applicant regarding eligibility standards for the tax credit, grant or loan; (D) Misrepresenting the nature of the performance of the repower or retrofit or claimed excess emission reductions to the applicant and to the Department; (E) Misrepresenting the cost of a repower or retrofit; (F) Misrepresenting a competitor’s product or service; or (G) Failing to make corrections requested in writing by the Department to remedy violations of (A) through (F) of this subsection within 30 days, unless more time is allowed by the Department. (6) Certification is not a guarantee or warranty of any kind that the Clean Diesel Service Provider will properly install any individual repower or retrofit or perform any other work as certified. As a condition of certification, the Department may require the person to defend, indemnify and hold the Department harmless from any claims related to work performed by the person related to its certification. Statutory/Other Authority: OL 2007, Ch. 855 (HB 2172 (2007)), OL 2007 & Ch. 843 (HB 3201 (2007)) Statutes/Other Implemented: OL 2007, Ch. 855 (HB 2172 (2007)), OL 2007 & Ch. 843 (HB 3201 (2007)) History: DEQ 9-2008, f. & cert. ef. 7-11-08