Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 35 - COMMISSION ON THE VIRGINIA ALCOHOL SAFETY ACTION PROGRAM › Chapter 70 - REMOTE ALCOHOL MONITORING DEVICE REGULATIONS › Section 24VAC35-70-30 - Approval of manufacturers

Current through Register Vol. 40, No. 24, July 15, 2024
A. The commission shall issue a request in
				compliance with the Commonwealth of Virginia procurement procedures to contract
				with remote alcohol monitoring manufacturers for the services and commodities
				required for the implementation and maintenance of the Commonwealth's remote
				alcohol monitoring program. Contracts will be for a length of time established
				by the commission.
B. A
				manufacturer seeking to contract with the commission shall:
1. Submit evidence demonstrating successful
				experience in the development and maintenance of a remote alcohol monitoring
				service program in Virginia, other states, or other countries;
2. Supply and train staff, technicians, and
				state directors and provide remote alcohol monitoring device orientation to
				ensure good customer service and compliance with all contract requirements.
				Personnel seeking to perform remote alcohol monitoring services or
				administrative duties in the Commonwealth of Virginia shall not necessarily be
				barred from employment due to a criminal record; however, a criminal record may
				be considered in conjunction with other information to determine the overall
				suitability of applicants for employment;
3. Provide, upon request of the commission or
				the court, via a properly served subpoena, expert or other required testimony
				in any civil, criminal, or administrative proceedings as to the method of
				manufacturing the device, remote alcohol monitoring functionality, and the
				testing protocol by which the device is calibrated and serviced. The
				manufacturer may assign a service provider designee to perform these duties;
4. Identify all key personnel who
				will be providing remote alcohol monitoring services for the Commonwealth of
				Virginia and furnish the commission with credentials on these personnel;
5. Notify the commission at least
				five business days in advance of a reduction in staffing levels of key
				personnel in the Commonwealth of Virginia;
6. Ensure that service provider technicians
				and state directors, or their designee, are trained and available to testify in
				court if required by a court or Commonwealth's Attorney, or upon a
				10-business-day notice by the ASAP in that court's jurisdiction, regardless of
				whether a subpoena is issued;
7.
				Submit a description of the manufacturer's plan, to be approved by the
				commission, for distribution of the device to all locations of the Commonwealth
				of Virginia where remote alcohol monitoring services will be performed.
				Services shall be made available within a 50-mile radius of every residence in
				the Commonwealth of Virginia unless otherwise authorized by the commission.
				Manufacturers are permitted to subcontract remote alcohol monitoring services
				to third-party service providers that meet the requirements of this chapter for
				delivery of their remote alcohol monitoring services in the Commonwealth of
				Virginia. Alcohol Safety Action Programs may qualify as third-party service
				providers for a manufacturer for remote alcohol monitoring services in the
				Commonwealth of Virginia if approved by the commission. Alcohol Safety Action
				Programs that are approved by the commission to contract with remote alcohol
				monitoring manufacturers to provide remote alcohol monitoring services shall
				employ a minimum of one state-certified technician for every 50 remote alcohol
				monitoring offenders monitored by their program and shall meet the same
				certification requirements as all other service providers;
8. Submit sufficient documentation to enable
				the verification of adequate insurance to cover liability related to remote
				alcohol monitoring operations, services, and equipment, including coverage in
				Virginia, with a minimum policy limit of $1 million per occurrence and $3
				million general aggregate total. This liability insurance shall be considered
				primary above all other available insurance and shall so stipulate in the
				"other insurance" or applicable section of the insurance contract. The
				manufacturer shall provide a signed statement holding harmless the Commonwealth
				of Virginia and the commission and its members, employees, and agents from all
				claims, demands, and actions as a result of damage or injury to persons or
				property that may arise directly or indirectly out of an act or omission by the
				manufacturer or the manufacturer's service provider relating to the
				orientation, service, repair, or use of a remote alcohol monitoring device.
				Coverage shall extend to any action taken or not taken by ASAPs (unless the
				ASAP is a service provider for a remote alcohol monitoring device manufacturer)
				or the commission due to verified errors in reporting of remote alcohol
				monitoring device activity by the manufacturer or the manufacturer's service
				provider;
9. Submit documentation
				that the manufacturer will provide a state remote alcohol monitoring director
				who will serve as a central point of contact for the commission regarding all
				aspects of the manufacturer's remote alcohol monitoring operations in the
				Commonwealth. Among other duties, the manufacturer's state remote alcohol
				monitoring director will be expected to (i) respond promptly to problems in the
				field; (ii) upon request of the commission, provide testimony themselves or
				through their designee before applicable courts, the General Assembly of
				Virginia, or the commission; (iii) assist and provide training to the
				commission; and (iv) be responsible for quality control of reports and
				statistics, updates to all required documentation, and field services reporting
				and repairs. In the event of a state director vacancy, the manufacturer shall
				submit to the commission the name of an interim state director within 10 days
				of the vacancy and the name of a permanent state director within 90 days of the
				vacancy;
10. Not discriminate
				against an employee or applicant for employment due to race, religion, color,
				sex, national origin, age disability, or other basis prohibited by state or
				federal law relating to discrimination in employment, except where there is a
				bona fide occupational qualification reasonably necessary for the normal
				operation of the manufacturer or the manufacturer's service provider. The
				manufacturer agrees to post at all service provider locations in conspicuous
				places available to employees and applicants for employment, notices setting
				forth the provisions of this nondiscrimination clause. Furthermore, the
				manufacturer shall require that its service providers, in all solicitations or
				advertisements for employees placed by or on behalf of the service provider,
				state that the contractor is an equal opportunity employer. Notices,
				advertisements, and solicitations placed in accordance with federal law, rule,
				or regulation shall be deemed sufficient for the purpose of meeting the
				requirements of this subdivision;
11. Not knowingly employ an unauthorized
				alien as defined in the Federal Immigration Reform and Control Act of 1986 (
				P.L. 99-603; 100 Stat. 3359) during the performance of the contract for goods
				and services;
12. Notify the
				commission in writing within 15 days of a disciplinary action taken by a state
				or other political entity against the manufacturer in areas where the
				manufacturer conducts or has conducted remote alcohol monitoring business. This
				notification shall include the reason for the disciplinary action and other
				information as the commission may reasonably request. This requirement applies
				regardless of the existence of an appeal;
13. Notify the commission in writing of all
				final adjudications against the manufacturer related to the remote alcohol
				monitoring device or delivery of remote alcohol monitoring services;
14. Provide remote alcohol monitoring
				generated reports and report all required alcohol-related violations to the
				Alcohol Safety Action Program of jurisdiction; and
15. Provide documentation annually of the
				manufacturer's certification to the current International Organization for
				Standardization (ISO) 9001 Quality Management System (QMS) for aspects related
				to design, maintenance, and distribution of a remote alcohol monitoring device.
				Along with this certification, a copy of the manufacturer's Quality Assurance
				Plan (QAP) for checking the accuracy of the calibration of the remote alcohol
				monitoring device is required.