Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 158 - Ignition Interlock Devices › Rule 661-158.4 - Revocation of Approval

Current through Register Vol. 47, No. 3, July 24, 2024
The approval of an IID shall remain valid until either
				voluntarily surrendered by the manufacturer or until the approval of the IID
				has been revoked by the commissioner of public safety for cause. Reasons for
				revocation include but are not limited to the following.
(1) Evidence of repeated IID failures due to
			 defects in design, materials, or workmanship during manufacture, installation,
			 monitoring, or calibration of the IID such that the accuracy of the IID or the
			 reliability of the IID as approved is not being met as determined by the
			 laboratory.
(2) A pattern of
			 evidence that the mandatory operational features of the IID as described in
			 rule
			 661-158.6
			 (321J) are not functioning properly.
(3) A pattern of evidence indicating that the
			 IID may be easily tampered with or bypassed.
(4) Any violation on the part of the
			 manufacturer of the IID of any laws or regulations related to the installation,
			 servicing, monitoring, and calibration of IIDs, or failure of a manufacturer to
			 address repeated violations by an ASP.
(5) Cancellation of the manufacturer's
			 required liability insurance coverage.
(6) Cessation of business operations by the
			 manufacturer.
(7) Failure to notify
			 the laboratory in writing of any material modifications or alterations to the
			 components or the design of the approved IID.
(8) Failure of the manufacturer or an ASP to
			 notify the DOT and the county attorney of the county of residence of the lessee
			 within 30 days of the discovery of evidence of tampering with or attempting to
			 bypass an IID.
(9) Evidence that
			 the manufacturer or ASP(s), or its owners, employees, or agents, has committed
			 any act of theft or fraud, deception or material omission of fact related to
			 the distribution, installation, or operation of any IID subject to this
			 chapter.
(10) Revocation of
			 approval in another state for any of the reasons for revocation listed in
			 subrules 158.4(1) through 158.4(9).
(11) A revocation shall be effective 30 days
			 from the date of the letter sent to the manufacturer via certified mail, return
			 receipt requested, unless otherwise specified by the commissioner. A copy of
			 each notice of revocation shall be provided to the director of the Iowa
			 department of transportation.
(12)
			 Upon voluntary surrender or revocation, all IIDs subject to the surrender or
			 revocation shall be removed and replaced by an approved IID within 60 days of
			 the effective date of such surrender or revocation. The manufacturer or the ASP
			 must notify all affected lessees of the surrender or revocation and the
			 requirement that a new IID must be installed by an existing ASP within the time
			 frame specified in this subrule.
(13) A revocation of a previously approved
			 IID may be appealed to the department of public safety by the filing of an
			 appeal in accordance with the procedures specified in rule
			 661-10.101
			 (17A) within ten days of the issuance of the notice of revocation.