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 24VAC35-70-120 - General manufacturer requirements

Current through Register Vol. 40, No. 24, July 15, 2024
Remote alcohol monitoring manufacturers that are approved to
				  perform remote alcohol monitoring services in the Commonwealth of Virginia and
				  their service providers shall:
1.
				Abide by all commission memorandums, directives, contract terms, and
				regulations pertaining to the statewide remote alcohol monitoring program
				unless prohibited by state law;
2.
				Resolve offender, court, Department of Motor Vehicles, ASAP, commission, and
				other stakeholder complaints as directed by the commission;
3. Provide orientation for all ASAP remote
				alcohol monitoring device authorizations within the time parameters set forth
				by the commission. In situations where a remote alcohol monitoring service
				facility becomes inoperable due to a large-scale weather event or other
				verified unforeseen circumstances, the manufacturer shall contact the
				commission within 24 hours with an action plan to mitigate the impact to
				customer service;
4. Resolve remote
				alcohol monitoring service facility compliance issues as directed by the
				commission;
5. Obtain approval from
				the commission before disseminating any offender training or advertising
				materials used in association with the Virginia remote alcohol monitoring
				program;
6. Make modifications to
				the company website of the manufacturer or the manufacturer's service provider
				that is used to review monthly calibration reports upon reasonable request by
				the commission. Reasonable requests include changes due to language that is
				confusing, misleading, offensive, or inaccurate; changes required due to
				updated technology; changes to comply with the Code of Virginia or the remote
				alcohol monitoring regulations; or changes due to workload changes or product
				enhancements;
7. Assume full
				liability for action taken or not taken by an ASAP or the commission due to
				failure by a manufacturer or a manufacturer's service provider to report an
				alcohol-related violation to the local ASAP as required by this chapter or due
				to inaccurate or misleading reporting, whether electronic or hard copy,
				provided by the manufacturer or the manufacturer's service provider;
8. Be accountable for Virginia offenders with
				remote alcohol monitoring devices set up for use by its company in another
				state and ensure that all Virginia remote alcohol monitoring processes,
				regulations, requests for proposal terms, contract terms, and commission
				requirements are met unless prohibited by state law;
9. Notify the commission within 15 days of
				disciplinary action received from a state where the manufacturer conducts or
				has conducted remote alcohol monitoring business. This notification shall
				include the reason for the disciplinary action. This requirement applies
				regardless of the existence of an appeal;
10. Provide information technology assistance
				and training upon reasonable request by the commission; and
11. Report all changes to the remote alcohol
				monitoring device software or firmware, whether temporary or permanent, to the
				commission within 30 days of release in the Commonwealth of Virginia.
Statutory Authority: §
											18.2-270.2
					 of the Code of Virginia.