Nebraska Administrative Code › Topic - MOTOR VEHICLES, DEPARTMENT OF › Title 250 - NEBRASKA ADMINISTRATIVE CODE › Chapter 1 - RULES AND REGULATIONS OF THE DEPARTMENT OF MOTOR VEHICLES REGARDING THE APPROVAL AND INSTALLATION OF IGNITION INTERLOCK DEVICES AND ADMINISTRATION OF THE IGNITION INTERLOCK PERMIT PROGRAM › Section 250-1-005 - PROVIDERS QUALIFICATIONS AND YEARLY RECERTIFICATION

Current through June 17, 2024
005.01
Installers are
  Agents.
The provider may designate representatives to install ignition
	 interlock devices. The installers are direct agents of the provider, and the
	 provider is responsible for the actions of the installers. The installers must
	 adhere to these rules and regulations in the same manner as the provider, and
	 the provider is responsible for training and instructing the installers in the
	 requirements of these rules and regulations. A provider may be removed from the
	 list of approved ignition interlock devices for the action or inaction of the
	 provider's installer.
005.02
Required Locations
  of Ignition Interlock Device Installation Facilities.
The provider must have at least one designated representative installer
	 physical location in each of the 12 probation districts in Nebraska. Each
	 physical location must be a full service facility that can install, calibrate,
	 service and remove ignition interlock devices. Although mobile service may be
	 offered in Nebraska, it shall not be a substitute for the 12 physical
	 locations.
005.03
Addresses and Contact Information for Installation
  Facilities.
The provider shall provide a list of addresses and contact information
	 of the provider's installers to the Department and to the Nebraska Supreme
	 Court Office of Probation Administration, P.O. Box 98910, Lincoln, NE 68509 by
	 January 15 of each year. The addresses and/or contact information may be
	 changed as necessary but notice of any change or changes shall be sent to the
	 Department and Office of Probation Administration prior to the effective date
	 of the change or changes.
005.04
Fee
  Schedule.
The provider shall provide a schedule of fees for services to the
	 Department. Such fee information shall be sent to the Department by January 15
	 of each year or upon any changes. This schedule will be used to calculate
	 reimbursements from the indigent fund.
005.05
Insurance.
The provider shall have and maintain general business insurance and
	 product liability insurance for the ignition interlock device for which
	 approval is sought. The provider shall require each of its installers to have
	 and maintain general liability insurance, and may require other
	 insurance.
005.06
Indemnification.
The provider shall agree to indemnify the State of Nebraska, its
	 employees, agents, assignees, and legal representative with respect to any
	 liabilities, demands, claims, suits, losses, damages, causes of action, fines
	 or judgments and expenses related thereto which may in any manner accrue or be
	 asserted against the State, the Department, its employees, agents, assignees
	 and legal representatives that arise in connection with installation and/or use
	 of an ignition interlock device and shall hold the State harmless.
005.07
Inspection.
Representatives of the Department shall have the right to inspect the
	 premises of any location within the State of Nebraska where the provider
	 installs ignition interlock devices, to test devices, and to audit drivers'
	 records.
005.08
Cooperation with State and Subdivisions of
  Government.
Every provider shall cooperate with and report to the Department, the
	 courts, district probation offices, and the Board in this state in the manner
	 as may be required by such agencies. Whenever it comes to the attention of the
	 Director that a provider has failed to cooperate with authorities or to comply
	 with any rule or requirement of the Department, the courts, district probation
	 offices, or Board, such failure will be grounds for removing the provider from
	 the list of approved ignition interlock devices. Receipt of timely information
	 by the Department that the issue has been resolved may avoid removal of the
	 provider from the approved list.
005.09
Electronic
  Report.
The provider shall electronically report to the Department hourly. The
	 Department's electronic database of these reports will be accessible to the
	 court, district probation office, and the Board. The following occurrences
	 shall be reported:
005.09A
Lockouts.
A lockout as provided in 008.01
  above; except, for a circumvention attempt or tampering attempt the report is
  unnecessary if the driver provides receipts from a licensed automotive
  facility, including the date, which indicates that mechanical service was
  performed on the motor vehicle.
005.09B
Installation.
Installation of an ignition
  interlock device, including the specific vehicle and driver.
005.09C
Removal.
Removal of the ignition
  interlock device.