Alaska Administrative Code › Title 18 - Environmental Conservation › Chapter 52 - Emissions Inspection and Maintenance Requirements for Motor Vehicles › Article 1 - Emissions Inspection and Maintenance Requirements › 18 AAC 52.105 - Enforcement procedures for violations by certified mechanics or stations

Current through May 31, 2024
(a) If
				the department or an implementing agency finds, or has cause to believe, that
				an act or omission of a certified mechanic or an owner, operator, employee,
				partner, officer, or member of a certified station violates this chapter, the
				department will, in its discretion, or the implementing agency may investigate
				the alleged violation and take appropriate compliance action, civil or
				criminal, against the certified mechanic or certified station based on the
				nature and severity of the violation and the party's history of noncompliance.
				The department will, in its discretion, or the implementing agency may use an
				overt or covert performance review to investigate a certified mechanic or
				station. The department will, in its discretion, initiate the compliance
				action, including an overt or covert performance review, or participate in a
				compliance action taken by an implementing agency.
(b) Violations for which the department or an
				implementing agency might take action under (a) of this section include the
				following:
(1) an act or omission by a
				certified mechanic or an owner, operator, employee, partner, officer, or member
				of a certified station that causes the mechanic or station to be in violation
				of any applicable requirement of this chapter or the program manual;
(2) negligently providing incorrect or
				misleading information to the public regarding the requirements of this chapter
				or the program manual;
(3) causing
				or allowing a motorist to sign a work order that does not
(A) include the motorist's name and
				address;
(B) identify the vehicle
				by make, model, and model year;
(C)
				list all I/M-related work authorized by the motorist; or
(D) include the vehicle's odometer reading at
				the time of repair;
(4)
				failing or refusing to give a motorist a signed copy of any document requiring
				the motorist's signature;
(5)
				engaging in conduct that constitutes fraud, deceit, or gross
				negligence;
(6) failing to follow
				the inspection and repair procedures specified by the vehicle manufacturer or
				required by this chapter or the program manual;
(7) departing from or disregarding accepted
				trade standards for good and workmanlike repair in a manner that is prejudicial
				to another without the motorist's consent or the consent of the motorist's
				authorized representative;
(8)
				making false promises likely to influence, persuade, or induce a motorist to
				authorize the repair, service, or maintenance of a motor vehicle;
(9) entering false data into a EIS;
(10) performing or allowing a repair that is
				represented to the motorist as being required to remedy the cause of an
				inspection failure or obtain a certificate of inspection when it is not
				required;
(11) adjusting or
				modifying a vehicle subject to this chapter in a manner that would cause the
				vehicle to fail an I/M test; this conduct is prohibited regardless of when the
				vehicle is scheduled for an I/M test;
(12) charging for performing an I/M test that
				is represented to the motorist as being required when it is not
				required;
(13) failing to maintain
				the confidentiality of a mechanic's access code for the EIS;
(14) allowing I/M-related repair work to be
				done by someone other than a certified mechanic without the motorist's
				consent;
(15) performing I/M
				repairs, or performing an after-repair test on a vehicle described in 18 AAC 52.530(b) on which the certified station has not first performed an initial I/M
				test;
(16) testing a vehicle that
				is exempt from the requirements of this chapter under 18 AAC 52.005(f) or that
				is listed in 18 AAC 52.530(c);
(17)
				performing part of the emissions repairs required when there is an availability
				of replacement parts or an inability to correct certain emissions defects
				because of the limitations of a particular station; the only exceptions to this
				paragraph are
(A) if the referee facility has
				confirmed an availability of parts problem, or
(B) if the referee facility has confirmed
				that the vehicle has been repaired to the applicable repair cost
				minimum;
(18) failing to
				advise the implementing agency of any change in information provided in the
				mechanic's or station's application for certification or for renewal of
				certification;
(19) charging for
				the repair of defects covered by a warranty without the motorist's written
				consent;
(20) replacing a modified
				carburetor with an aftermarket or rebuilt carburetor, unless the replacement is
				certified by the manufacturer, the BAR, the CARB, or the EPA to meet the same
				specifications as the original equipment carburetor;
(21) using excessive time to inspect a
				vehicle during a performance review by the implementing agency; inspection time
				in excess of 60 minutes is considered excessive for the purposes of this
				paragraph unless due to circumstances beyond the control of the mechanic or
				station;
(22) failing to report to
				the implementing agency any illegal certification or other violation of this
				chapter;
(23) performing any type
				of prescreening; and
(24)
				performing an excessive amount of off-line tests; for purposes of this
				paragraph, "excessive" means that the number of off-line tests, excluding
				off-line tests that are a result of problems with either communication lines or
				the VID, is greater than 10 percent of the total number of on-line tests for
				any given period.