reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 45 - Records, Reports, and Information › Section 40:45-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter concern records, reports, and other
				information pertaining to tests for alcohol and other intoxicating substances,
				and associated matters, under the provisions of 47 O.S., Sections 751-761 and 3
				O.S., Section 303 and 63 O.S., Section 4210A. They prescribe the style and
				contents and format for reporting and otherwise recording the results of such
				tests and for recording related matters, and provide for the designation of
				approved forms, logs, reports, documents and other records employed in
				connection with matters under the jurisdiction of this Board.
Amended at 14 Ok Reg 1539,
				eff 7-1-97
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 45 - Records, Reports, and Information › Section 40:45-1-2 - Approved records, reports, logs, and other documents

Current through Vol. 41, No. 20, July 1, 2024
Any Record, Report, Log, or other Form or Document specified or
				provided for in any Rule and Regulation adopted and promulgated by this Board,
				or otherwise employed in connection with matters under the jurisdiction of this
				Board, shall be such Record, Report, Log, or other Form or Document as is
				specified and approved for such purposes by the State Director of Tests for
				Alcohol and Drug Influence.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-1 - Explanation of terms and actions [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2657,
				  eff 7-11-041; Added at 22 Ok Reg 221, eff 10-27-04
				  (emergency); Added at 22 Ok Reg 1714, eff 6-25-05; Amended at 24 Ok Reg 287,
				  eff 11-1-06 (emergency)2; Amended at 24 Ok Reg 2683,
				  eff 6-4-07 (emergency)2; Amended at 25 Ok Reg 1527,
				  eff 6-12-08; Revoked at 27 Ok Reg 2667, eff
				  8-26-10
1See Editor's Note 1 at
					 beginning of this Chapter and Editor's Notice at 21 Ok Reg 3123.
2See Editor's Note 2 at
					 beginning of this Chapter for additional information about these two emergency
					 actions.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-1.2 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this chapter relate to the administration and
				  regulation of ignition interlock devices, service centers, and technicians
				  pursuant to the provisions of Title 47 O.S., Sections
				  751-761 and
				  47 O.S.
				  §6-212.5.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-2.1 - Approval and denial

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall
				notify the applicant of certification of a device or of denial to certify the
				device within 10 days of such determination.
(b) The Board may deny certification of a
				device upon finding any of the following:
(1)
				A Defect in the design, materials or workmanship causing the device to fail to
				function as intended.
(2) False or
				inaccurate information provided by the manufacturer, manufacturer
				representative or independent laboratory.
(3) Modification of the components or design
				of the device or modification of National Highway Traffic Safety Administration
				specifications that causes the device to no longer satisfy the current National
				Highway Traffic Safety Administration specifications.
(4) The device fails the compliance testing
				conducted by the Board.
(5) The
				device fails to meet the requirements for certification or is no longer in
				compliance with all the requirements in this title.
(6) Any final action against a device or
				manufacturer by other state administrators or agencies in the United
				States.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-2.2 - Annual recertification

Current through Vol. 41, No. 20, July 1, 2024
(a) All
				certifications expire June 30th of each year unless
				revoked by the Board.
(b) The
				annual recertification of a certified device shall be the same as the device
				certification process stated in this title. The Board shall designate a renewal
				period within which the annual recertification process shall be
				allowed.
(c) Any request(s) to
				renew a device certification may be denied if there is pending action against
				the manufacturer, manufacturer representative or vendor for any violation of
				these rules or outstanding invoices payable to the Board.
Added at 27 Ok Reg 2667,
				  eff 8-26-10
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-2.3 - Revocation or suspension of certification

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board may revoke or suspend
				certification of a device for any of the following reasons:
(1) A Defect in the design, materials or
				workmanship causing the device to fail to function as intended.
(2) A manufacturer's liability insurance
				coverage is terminated, cancelled or expired.
(3) A manufacturer no longer offers the
				device for installation.
(4)
				Receipt of a letter, on manufacturer letterhead, at the administrative offices
				of the Board requesting voluntary surrender of certification by the
				manufacturer of a certified device.
(5) Violation by a manufacturer, a
				manufacturer representative, vendor, licensed service center or licensed
				ignition interlock technician of any requirements in this title.
(6) The manufacturer, manufacturer
				representative, vendor, licensed service center or licensed ignition interlock
				technician fail to submit any report(s) in accordance with this
				title.
(7) False or inaccurate
				information provided by the manufacturer, manufacturer representative or
				independent laboratory relating to the performance of the device.
(8) Modification of the components or design
				of the device or modification of National Highway Traffic Safety Administration
				specifications that causes the device to no longer satisfy the current National
				Highway Traffic Safety Administration specifications.
(9) The device fails to meet the requirements
				for certification or is no longer in compliance with all the requirements in
				this title.
(10) Changes in the
				ignition interlock device technology are such that continued certification of
				the device would, as determined by the Board, not be in the best interest of
				the state of Oklahoma.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-2.4 - Modification of a certified device

Current through Vol. 41, No. 20, July 1, 2024
(a) A
				manufacturer representative shall notify the Board at least 15 days before
				implementation of any modification, upgrade or alteration to any hardware,
				software or firmware of a device certified for use in this state. Said
				notification shall include:
(1) A description
				and explanation of the modification, upgrade or alteration and satisfactory
				proof that these modifications, upgrades or alterations do not adversely affect
				the ability of the device to satisfy the requirements of this title,
				and
(2) A comprehensive plan of
				action for the phasing out of the use of the current device. This plan of
				action must be approved by the Board prior to the implementation of the plan of
				action.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-3 - Standards and specifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The provisions in this subsection only apply to the use of a device pursuant to
				an Installation Authority.
(b) The
				device shall:
(1) Permit a free restart of
				the motor vehicle within two (2) minutes after the engine has shut off without
				requiring a further breath alcohol test.
(2) Have a data storage system of sufficient
				capacity to facilitate the recording and maintaining of all daily driving
				activities and pictures for the period of time elapsed from one maintenance and
				calibration to the next. All daily driving activity records in this data
				storage system shall be maintained by the manufacturer or the licensed service
				center and shall be available to the Installation Authority, Monitor and/or the
				Board upon request.
(3) Display
				tamper seals and a warning label that states: "Any person attempting to
				physically disable, disconnect or wire around this device or who intentionally
				fails to return the device upon request by the owner may be guilty of a
				misdemeanor under Oklahoma law (47 O.S. §11-902a)." If the device consists
				of separate pieces (e.g. a handset and separate base unit) a separate warning
				label shall be placed on each piece.
(4) Effective November 1, 2022, incorporate a
				camera on all initial new installations that is not located in the handset and
				meets the following requirements:
(A) Each
				camera shall be mounted to the vehicle so that it does not obstruct the
				driver's view and provides a clear unobstructed view of the driver.
(B) Has a sufficiently wide angle that it
				will be possible to determine whether the individual blowing into the device is
				seated in the driver's seat.
(C)
				The technician shall take a reference image of the participant in the driver's
				seat during the installation appointment.
(D) The camera shall operate in all lighting
				conditions and take an image of the driver with sufficient clarity and
				resolution to allow driver identification.
(E) The camera shall capture an image on each
				of the following events:
(i) An attempted or
				successful breath alcohol test.
(ii) Each time the vehicle is started.
(iii) A circumvention.
(iv) A retest violation.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-3 - Standards and specifications

Current through Vol. 41, No. 20, July 1, 2024
(a)
				The provisions in this subsection only apply to the use of a device pursuant to
				an Installation Authority.
(b) The
				device shall:
(1) Permit a free restart of the
				motor vehicle within two (2) minutes after the engine has shut off without
				requiring a further breath alcohol test.
(2) Have a data storage system of sufficient
				capacity to facilitate the recording and maintaining of all daily driving
				activities and pictures for the period of time elapsed from one maintenance and
				calibration to the next. All daily driving activity records in this data
				storage system shall be maintained by the manufacturer or the licensed service
				center and shall be available to the Installation Authority, Monitor and/or the
				Board upon request.
(3) Display
				tamper seals and a warning label that states: "Any person attempting to
				physically disable, disconnect or wire around this device or who intentionally
				fails to return the device upon request by the owner may be guilty of a
				misdemeanor under Oklahoma law (47 O.S. §11-902a)." If the device consists
				of separate pieces (e.g. a handset and separate base unit) a separate warning
				label shall be placed on each piece.
(4) Effective November 1, 2022, incorporate a
				camera on all initial new installations that is not located in the handset and
				meets the following requirements:
(A) Each
				camera shall be mounted to the vehicle so that it does not obstruct the
				driver's view and provides a clear unobstructed view of the driver.
(B) Has a sufficiently wide angle that it
				will be possible to determine whether the individual blowing into the device is
				seated in the driver's seat.
(C)
				The technician shall take a reference image of the participant in the driver's
				seat during the installation appointment.
(D) The camera shall operate in all lighting
				conditions and take an image of the driver with sufficient clarity and
				resolution to allow driver identification.
(E) The camera shall capture an image on each
				of the following events:
(i) An attempted or
				successful breath alcohol test.
(ii) Each time the vehicle is
				started.
(iii) A
				circumvention.
(iv) A retest
				violation.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-3 - Standards and specifications

Current through Vol. 41, No. 20, July 1, 2024
(a) The provisions
				in this subsection only apply to the use of a device pursuant to an
				Installation Authority.
(b) The
				device shall:
(1) Permit a free restart of
				the motor vehicle within two (2) minutes after the engine has shut off without
				requiring a further breath alcohol test.
(2) Have a data storage system of sufficient
				capacity to facilitate the recording and maintaining of all daily driving
				activities and pictures for the period of time elapsed from one maintenance and
				calibration to the next. All daily driving activity records in this data
				storage system shall be maintained by the manufacturer or the licensed service
				center and shall be available to the Installation Authority, Monitor and/or the
				Board upon request.
(3) Display
				tamper seals and a warning label that states: "Any person attempting to
				physically disable, disconnect or wire around this device or who intentionally
				fails to return the device upon request by the owner may be guilty of a
				misdemeanor under Oklahoma law (47 O.S. §11-902a)." If the device consists
				of separate pieces (e.g. a handset and separate base unit) a separate warning
				label shall be placed on each piece.
(4) Incorporate a camera on all BOT IDAP
				participant installations that is not located in the handset and meets the
				following requirements:
(A) Each camera shall
				be mounted to the vehicle so that it does not obstruct the driver's view and
				provides a clear unobstructed view of the driver.
(B) Has a sufficiently wide angle that it
				will be possible to determine whether the individual blowing into the device is
				seated in the driver's seat.
(C)
				The technician shall take a reference image of the participant in the driver's
				seat during the installation appointment.
(D) The camera shall operate in all lighting
				conditions and take an image of the driver with sufficient clarity and
				resolution to allow driver identification.
(E) The camera shall capture an image on each
				of the following events:
(i) An attempted or
				successful breath alcohol test.
(ii) Each time the vehicle is
				started.
(iii) A
				circumvention.
(iv) A retest
				violation.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-3.1 - Violation reset

Current through Vol. 41, No. 20, July 1, 2024
(a) A violation
				reset shall be activated by any of the following:
(1) Three (3) positive result startup tests
				within a fifteen (15) minute time frame.
(2) A circumvention.
(3) A retest violation.
(4) A power violation, once power is restored
				to the device.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-3.1 - Violation reset

Current through Vol. 41, No. 20, July 1, 2024
(a) A violation
				reset shall be activated by any of the following:
(1) Three (3) penalty fails, at startup,
				within a fifteen (15) minute time frame.
(2) A circumvention.
(3) A retest violation.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-3.2 - Reporting requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Reportable
				violations are as follows:
(1) Three (3)
				positive result startup tests within a fifteen (15) minute time frame.
(2) A circumvention.
(3) A retest violation.
(4) Tampering.
(5) Permanent lockout.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-3.2 - Reporting requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
				Reportable violations are as follows:
(1)
				Three (3) penalty fails, at startup, within a fifteen (15) minute time
				frame.
(2) A
				circumvention.
(3) Three (3) retest
				violations constitute a reportable violation. Each retest violation thereafter
				constitutes a reportable violation.
(4) Removal of the device.
(5) Tampering.
(6) Permanent lockout.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-3.2 - Reporting requirements

Current through Vol. 41, No. 20, July 1, 2024
(a) Reportable
				violations are as follows:
(1) Three (3)
				positive result startup tests within a fifteen (15) minute time
				frame.
(2) A
				circumvention.
(3) A retest
				violation.
(4) Tampering.
(5) Permanent lockout.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-3.3 - Lockout override

Current through Vol. 41, No. 20, July 1, 2024
The Director is authorized to approve standards and
				  procedures for a lockout override. For the purposes of this chapter, lockout
				  override means a method of overriding a lockout condition by providing a breath
				  sample indicating a negative result.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-4 - Miscellaneous requirements [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2657,
				  eff 7-11-041; Added at 22 Ok Reg 221, eff 10-27-04
				  (emergency); Added at 22 Ok Reg 1714, eff 6-25-05; Amended at 24 Ok Reg 287,
				  eff 11-1-06 (emergency)2; Amended at 24 Ok Reg 2683,
				  eff 6-4-07 (emergency)2; Amended at 25 Ok Reg 1527,
				  eff 6-12-08; Revoked at 27 Ok Reg 2667, eff
				  8-26-10
1See Editor's Note 1 at
					 beginning of this Chapter and Editor's Notice at 21 Ok Reg 3123.
2See Editor's Note 2 at
					 beginning of this Chapter for additional information about these two emergency
					 actions.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-4.1 - Installation requirements

Current through Vol. 41, No. 20, July 1, 2024
The device shall be installed according to the following
				  guidelines:
(1) Initial device
				installations shall only be performed in a service center duly licensed by the
				Board.
(2) The only person(s)
				allowed to install or observe the installation of the device are ignition
				interlock technicians duly licensed by the Board or manufacturer training
				representatives conducting installation trainings who are conditionally
				authorized by the Board.
(3) A
				designated waiting area that is separate from the installation area is to be
				provided for the participant.
(4)
				Adequate security measures shall be taken to ensure that unauthorized personnel
				cannot gain access to proprietary materials or files of other
				participants.
(5) Installations
				shall be completed on operable vehicles, as defined in this title.
(6) The ignition interlock technician shall
				perform maintenance and calibration on the device in accordance with this
				title.
(7) Upon completion of an
				installation of a device and all the components required for the device to
				function as required by these rules, the licensed ignition interlock technician
				shall provide the participant with installation verification in the form and/or
				format designated by the Board.
(8)
				Upon completion of the installation of a device required for compliance with an
				Installation Authority(s), the licensed ignition interlock technician shall:
(A) Provide the participant with installation
				verification in the form and/or format designated by the Board, and
(B) Remit the appropriate fee.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-6 - Approval, denial, and withdrawal of approval [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2657,
				  eff 7-11-041; Added at 22 Ok Reg 221, eff 10-27-04
				  (emergency); Added at 22 Ok Reg 1714, eff 6-25-05; Revoked at 27 Ok Reg 2667,
				  eff 8-26-10
1See Editor's
				  Note1 at beginning of this Chapter and Editor's
				  Notice at 21 Ok Reg 3123.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-6.1 - Removal requirements

Current through Vol. 41, No. 20, July 1, 2024
The device shall be removed according to the following
				  guidelines:
(1) The only person(s)
				allowed to remove or observe the removal of the device are ignition interlock
				technicians licensed by the Board.
(2) A designated waiting area that is
				separate from the removal area is to be provided for the participant.
(3) Adequate security measures shall be taken
				to ensure that unauthorized personnel cannot gain access to proprietary
				materials or files of other participants.
(4) All data contained in the data storage
				system shall be retrieved in conjunction with removal of the device. Records
				may be maintained electronically.
(5) Upon completion of the removal of the
				device, harness, relay and all third party materials used to initially install
				the device, the licensed ignition interlock technician shall:
(A) Provide the participant a report showing
				the removal of the device, and
(B)
				Notify the Board in the form and/or format designated by the Board.
(C) Notify the installation and monitoring
				authority in the form and format designated by the Board.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-7 - Service center licensing process

Current through Vol. 41, No. 20, July 1, 2024
(a) All service
				centers located in the state of Oklahoma must be licensed by the Board in
				accordance with the requirements stated herein.
(b) A service center shall be located in a
				fixed facility which:
(1) Is staffed at all
				times with at least one (1) ignition interlock technician duly licensed by the
				Board or prominently displays the days and times at which the ignition
				interlock technician is on duty at the location and ignition interlock services
				are available, and
(2) Properly and
				successfully accommodates installation, maintenance and calibration, removal
				and any other necessary services related to a specific
				device.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-7.1 - Approval and denial

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall
				notify the vendor and applicant of licensure of a service center or of denial
				to license a service center within 10 days of such determination. The Board may
				deny licensure of a service center upon finding of any of the following:
(1) Any false or inaccurate information
				provided on the service center application.
(2) Failure to meet all criteria stated in
				this title.
(3) Violation or
				noncompliance of any rules stated in this title.
(4) Violation of any law of this state that
				applies to the service center.
(5)
				Previous action against the service center such that, in the opinion of the
				Board, licensure would not uphold the scientific integrity of the device
				program.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-7.2 - Annual renewal

Current through Vol. 41, No. 20, July 1, 2024
(a) All service
				center licenses expire June 30th of each year unless
				inactivated, suspended or revoked by the Board.
(b) The process of license renewal of a
				service center shall be the same as the service center licensure process stated
				in this title. The Board shall designate a renewal period within which the
				license renewal process shall be allowed.
(c) No license shall be renewed if there is
				pending action against the service center manager or service center for any
				violation of these rules or outstanding invoices payable to the
				Board.
Added at 27 Ok Reg 2667,
				  eff 8-26-10
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-7.3 - Inactivation, suspension, and revocation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Inactivation.
Inactivation
				refers to the voluntary or temporary discontinuance of a license.
(1) A service center license may be
				inactivated by the Board:
(A) Upon request
				from the vendor or service center manager, or
(B) If the service center no longer employs
				at least one (1) licensed ignition interlock technician.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-8 - Ignition interlock technician

Current through Vol. 41, No. 20, July 1, 2024
(a) No
				person may perform any service(s) related to any device in this state without
				being duly licensed by the Board.
(b) An applicant who has been convicted of,
				or plead guilty or
nolo contendere
, to an alcohol related
				traffic offense or any offense classified as a felony, within five (5) years
				prior to the date of filing of the applicant's application for licensure as an
				ignition interlock technician may not be eligible for licensure. For purposes
				of this section, a conviction means the applicant was adjudicated guilty by a
				court of competent jurisdiction.
(c) An applicant must be at least eighteen
				(18) years of age.
(d) An applicant
				must possess a valid driver licensewithout any requirements for ignition
				interlock.
(e) A vendor seeking
				licensure for an ignition interlock technician shall initiate an ignition
				interlock technician license application and remit the appropriate fee by
				accessing the Board website at www.ok.gov/bot.
(f) The applicant shall:
(1) Complete the ignition interlock
				technician license application.
(2)
				Complete and score an 80% or higher on a knowledge and skills examination
				administered by the Board.
(3)
				Submit a criminal history report certified within the immediately preceding
				thirty (30) days from either the Oklahoma State Bureau of Investigation or, if
				the applicant has not lived in Oklahoma for the immediately preceding five (5)
				years, a criminal background check from the agency responsible for keeping
				criminal history in the state or states of previous residence.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-8.1 - Approval and denial

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board shall
				notify the vendor and applicant of licensure of an ignition interlock
				technician or of denial to license an ignition interlock technician within 10
				days of such determination.
(b) The
				Board may deny licensure of an ignition interlock technician upon finding of
				any of the following:
(1) Failure to complete
				and score an 80% or higher on the examination covering the regulatory aspects
				of the Oklahoma device program.
(2)
				Any false or inaccurate information provided on the ignition interlock
				technician application.
(3) Failure
				to meet all criteria stated in this title.
(4) Violation or noncompliance of any rules
				stated in this title.
(5) Previous
				or current action against the ignition interlock technician such that, in the
				opinion of the Board, licensure would not uphold the scientific integrity of
				the device program.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-8.2 - Annual renewal

Current through Vol. 41, No. 20, July 1, 2024
(a) All ignition
				interlock technician licenses expire June 30th of
				each year unless inactivated, suspended or revoked by the Board.
(b) The process of license renewal of an
				ignition interlock technician shall be the same as the ignition interlock
				technician licensure process stated in this title except submission of a
				criminal history report shall be by affidavit of the applicant. The Board shall
				designate a renewal period within which the license renewal process shall be
				allowed.
(c) No license shall be
				renewed if there is pending action against the ignition interlock technician
				for any violation of these rules or outstanding invoices payable to the
				Board.
Added at 27 Ok Reg 2667,
				  eff 8-26-10
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-8.3 - Inactivation, suspension, and revocation

Current through Vol. 41, No. 20, July 1, 2024
(a)
Inactivation.
Inactivation
				refers to the voluntary or temporary discontinuance of a license.
(1) Inactivation of an ignition interlock
				technician license may be initiated by the Board:
(A) Upon request from the vendor, service
				center manager or ignition interlock technician.
(B) If the ignition interlock technician is
				no longer employed by a licensed service center representing the same
				manufacturer under which the current ignition Interlock technician license was
				issued.
(C) If an ignition
				interlock technician's license has expired or,
(D) The ignition interlock technician no
				longer meets all the licensing requirements.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-9 - Ignition interlock inspector [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 21 Ok Reg 2657,
				  eff 7-11-041; Added at 22 Ok Reg 221, eff 10-27-04
				  (emergency); Added at 22 Ok Reg 1714, eff 6-25-05; Amended at 24 Ok Reg 287,
				  eff 11-1-06 (emergency)2; Amended at 24 Ok Reg 2683,
				  eff 6-4-07 (emergency)2; Amended at 25 Ok Reg 1527,
				  eff 6-12-08; Revoked at 27 Ok Reg 2667, eff
				  8-26-10
1See Editor's Note 1 at
					 beginning of this Chapter and Editor's Notice at 21 Ok Reg 3123.
2See Editor's Note 2 at
					 beginning of this Chapter for additional information about these two emergency
					 actions.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-10 - Appeal process

Current through Vol. 41, No. 20, July 1, 2024
An appeal of any action issued under the requirements in this
				  title may be made in the following manner:
(1)
The Director.
(A) A request for appeal must be received at
				the administrative offices of the Board within 30 days of the date of
				action.
(B) Upon proper submission,
				the Director shall issue an administrative order sustaining or overruling the
				action within 30 days.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-11 - Approved ignition interlock devices [REVOKED]

Current through Vol. 41, No. 20, July 1, 2024
Added at 22 Ok Reg 221,
				  eff 10-27-04 (emergency); Added at 22 Ok Reg 1714, eff 6-25-05; Amended at 24
				  Ok Reg 287, eff 11-1-06 (emergency)1; Amended at 24
				  Ok Reg 2683, eff 6-4-07 (emergency)1; Amended at 25
				  Ok Reg 1527, eff 6-12-08; Revoked at 27 Ok Reg 2667, eff
				  8-26-10
1See Editor's Note [RIGHT]2 at
				  beginning of this Chapter for additional information about these two emergency
				  actions.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 50 - Ignition Interlock › Subchapter 1 - Ignition Interlock Devices, Service Centers, Technicians › Section 40:50-1-12 - Reciprocity

Current through Vol. 41, No. 20, July 1, 2024
(a) Reciprocity may be granted by the Board
				in its sole discretion when consistent with applicable statutes and regulations
				and beneficial to the public safety and welfare.
(b) The Board may set policies and procedures
				for the consideration of requests for reciprocity.
(c) Reciprocity must be requested in writing
				by the person affected or their attorney on a form provided by the
				Board.
(d) Requests for reciprocity
				shall be granted or denied by the Board in writing.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 55 - Screening Devices › Subchapter 1 - Alcohol Screening Devices › Section 40:55-1-1 - Approved devices

Current through Vol. 41, No. 20, July 1, 2024
Devices listed on the current
Conforming Products
				  List of Screening Devices to Measure Alcohol in Bodily Fluids
(77 FR
				  35745) or the
Conforming Products List of Evidential Breath Alcohol
				  Measurement Devices
(82 FR 50940), or conforming to the
Model
				  Specifications for Screening Devices to Measure Alcohol in Bodily Fluids
(73 FR 16956) or the
Model Specifications for Evidential
				  Breath Alcohol Measurement Devices
(58 FR 48705), published by the
				  National Highway Traffic Safety Administration are approved for use as alcohol
				  screening devices for law enforcement use to aid in the detection of impaired
				  drivers.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 55 - Screening Devices › Subchapter 1 - Alcohol Screening Devices › Section 40:55-1-2 - Operating Procedure

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authorized use.
Alcohol screening devices approved by these rules
				shall be used as a presumptive preliminary breath test. The operator of the
				alcohol screening device, or the law enforcement agency employing the operator,
				shall determine the appropriate timing for use of the alcohol screening device
				during impaired driving investigations.
(b)
Operation.
Alcohol screening
				devices approved by these rules shall be operated in accordance with the
				manufacturer's instructions. In addition to any manufacturer's instructions,
				the operator of the alcohol screening device shall observe the subject for at
				least 15 minutes prior to obtaining a breath sample to confirm that the subject
				has not ingested any substance, vomited, or smoked during that time.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 55 - Screening Devices › Subchapter 1 - Alcohol Screening Devices › Section 40:55-1-3 - Calibration check and calibration

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authorized personnel.
The calibration, or calibration check, may
				be performed by the operator, a designated member of the law enforcement agency
				employing the operator, or a third party in accordance with the manufacturer's
				instructions.
(b)
Calibration
				check interval and procedure.
Alcohol screening devices approved by
				these rules shall be checked for calibration accuracy annually. Calibration
				accuracy shall be within (=/-) 0.005 g/210L of the value of the reference
				method at the time of the calibration check. Calibration checks shall be
				performed in accordance with the manufacturer's instructions.
(c)
Calibration procedure.
Calibrations shall be performed in accordance with the manufacturer's
				instructions when a calibration check falls outside (+/-) 0.005 g/210L of the
				value of the reference method at the time of the calibration check.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 55 - Screening Devices › Subchapter 2 - Drug Screening Devices › Section 40:55-2-1 - Approved method

Current through Vol. 41, No. 20, July 1, 2024
The approved method for drug screening devices for use in
				  the field by law enforcement officers is oral fluid testing accomplished by
				  immunoassay lateral flow testing devices.
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 55 - Screening Devices › Subchapter 2 - Drug Screening Devices › Section 40:55-2-2 - Approved devices

Current through Vol. 41, No. 20, July 1, 2024
The following devices are approved for use as drug screening
				  devices:
(1) Draeger Drug Test
				5000
(2) Alere DDS-2 or Abbott
				SoToxa
Oklahoma Administrative Code › Title 40 - Board of Tests for Alcohol and Drug Influence › Chapter 55 - Screening Devices › Subchapter 2 - Drug Screening Devices › Section 40:55-2-3 - Operating Procedure, use, precautions, and maintenance

Current through Vol. 41, No. 20, July 1, 2024
(a)
Authorized use.
Oral fluid
				drug screening devices approved by these rules shall be used as presumptive
				tests. The operator of the oral fluid screening device, or the law enforcement
				agency employing the operator, shall determine the appropriate timing for use
				of the oral fluid screening device during impaired driving investigations. The
				drug screening device results do not imply impairment in and of themselves. All
				precautions for the safety of the subject as prescribed by the manufacturer
				shall be adhered to.
(b)
Training.
The operator of the oral fluid drug screening device
				shall be trained in the use of the approved drug screening device in accordance
				with the manufacturer's specifications. A law enforcement agency may adopt and
				carry out such trainings.
(c)
Operation.
Oral fluid screening devices approved by these rules
				shall be operated in accordance with the manufacturer's instructions. Use of
				expired oral fluid test cartridges is prohibited. In addition to any
				manufacturer's instructions, the operator of the oral fluid screening device
				shall observe the subject for at least 15 minutes prior to obtaining an oral
				fluid sample to confirm that the subject has not ingested any substance,
				vomited, or smoked during that time.
(d)
Maintenance.
Approved drug
				screening devices shall be maintained in accordance with the manufacturer's
				instructions.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 1 - General Provisions › Section 45:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
The rules in this Chapter provide information on the history,
				  purpose, organization, operations, procedures and forms of the Oklahoma
				  Alcoholic Beverage Laws Enforcement Commission. The rules in this Chapter also
				  provide certain duties, responsibilities and authority of the Director of the
				  Oklahoma Alcoholic Beverage Laws Enforcement Commission.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization, Operations, Procedures And Forms › Section 45:1-3-1 - Origin of the Commission

Current through Vol. 41, No. 20, July 1, 2024
The Oklahoma Alcoholic Beverage Laws Enforcement Commission
				  is an administrative body created by 37A O.S. Section 1-104 consisting of seven
				  (7) members appointed by the Governor and whose power and authority is
				  prescribed by the` legislature. The appointment of the members of the
				  Commission by the Governor being made only with the advice and consent of the
				  State Senate. The statute also created the Office of Director to be appointed
				  by the Commission. Certain duties of the Director are likewise prescribed by
				  the Legislature and the Commission is authorized to delegate to the Director
				  such other duties as it may deem desirable, except that it may not deny an
				  applicant for a license, or any licensee, the right to a hearing before the
				  Commission.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization, Operations, Procedures And Forms › Section 45:1-3-2 - Purpose of the Commission

Current through Vol. 41, No. 20, July 1, 2024
The general course and method of the Commission is prescribed
				  by the Legislature as being an exercise of the police power of the State of
				  Oklahoma for the protection of the welfare, health, peace, temperance and
				  safety of the people of the State, for the purpose of licensing and regulating
				  the liquor industry in this State by administrative, disciplinary procedures
				  whereby licenses are issued or denied, suspended or revoked, after notice and
				  hearing and enforcing the Oklahoma Alcoholic Beverage Control
				  Act.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization, Operations, Procedures And Forms › Section 45:1-3-3 - Availability of records and forms

Current through Vol. 41, No. 20, July 1, 2024
The forms described in this Title, together with all rules
				  and all other written statements of policy or interpretations and all final
				  Orders, decisions and opinions, formulated, Adopted or used by the Commission
				  in the discharge of its functions are available for public inspection in the
				  office of the Oklahoma Alcoholic Beverage Laws Enforcement Commission, 3812
				  North Santa Fe Avenue, Suite 200, Oklahoma City, Oklahoma.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization, Operations, Procedures And Forms › Section 45:1-3-4 - Manner of obtaining information

Current through Vol. 41, No. 20, July 1, 2024
Any person desiring any information concerning the
				  Commission, its employees, its policies or procedures or any pertinent
				  information concerning said organization or any licensee in the liquor industry
				  may obtain the same, or make submissions or requests to the Commission, either
				  in person,by mail, or by email, by directing such submissions or requests to
				  the Director or other employees of the Commission at 3812 North Santa Fe
				  Avenue, Suite 200, Oklahoma City, Oklahoma.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization, Operations, Procedures And Forms › Section 45:1-3-5 - General procedures

Current through Vol. 41, No. 20, July 1, 2024
In addition to the rules of practice and procedures
				  heretofore prescribed by the Legislature in the Repeal Act and the rules now in
				  effect promulgated by the Commission, there is hereby adopted by the Commission
				  all provisions, procedures and rules of evidence, established in the Oklahoma
				  Administrative Procedures Act, Section
				  250 et
				  seq. of Title 75 of the Oklahoma Statutes. All rules heretofore adopted by the
				  Commission which are in conflict with the Oklahoma Administrative Procedures
				  Act are hereby repealed.
Oklahoma Administrative Code › Title 45 - Alcoholic Beverage Laws Enforcement Commission › Chapter 1 - Administrative Operations › Subchapter 3 - Organization, Operations, Procedures And Forms › Section 45:1-3-6 - Emergency rules

Current through Vol. 41, No. 20, July 1, 2024
No emergency rule shall be promulgated by the Commission
				  unless at least five (5) days prior to the date of such adoption each member of
				  the Commission is provided with a copy of such proposed emergency rule and
				  proof of such delivery be shown prior to the adoption of any such emergency
				  rule. This provision may be modified by a majority vote of the Commission
				  members present.