(a) Approval/certification by the Office of Alcohol Testing.
(1) Approval.
- (A) Upon the demonstration by the manufacturer of a BAIID that said device meets the criteria outlined in 5 CAR § 21-105, and that manufacturer is prepared to meet the requirements outlined in 5 CAR §§ 21-104 and 21-106, the Office of Alcohol Testing may issue a certificate of approval.
- (B) This does not preclude the office from making any additional requirements deemed necessary to carry out the intent of the law and this part.
- (2) List of approved/certified devices. The office shall maintain and periodically, when updated, or upon request, provide a list of devices and their manufacturers and approved service providers that have been issued a certificate of approval.
(3) Revocation of approval/certification.
- (A) Subsequent to approval, the failure of the manufacturer to meet the requirements set forth in 5 CAR §§ 21-104 and 21-106 shall result in a letter of reprimand and instructions for correction from the office.
- (B) Failure to positively respond and correct the deficiencies to the satisfaction of the office within thirty (30) days shall result in a revocation of the certificate of approval of the device for use in this state.
(b) Monitoring by office.
- (1) Inspections by office. The office shall inspect each service provider of such devices while a device is being installed and while a monitoring visit is being conducted on an installed unit at least once a year.
(2) Testing of device by office.
- (A) The office may conduct, or have conducted independently, tests on any of the approved BAIIDs to determine if the devices are operating within this part.
- (B) The office shall remove from the list of approved devices any device, manufacturer, or service provider not found to be in compliance with this part.
(c) Complaints. The office shall make available to users and the public a reasonable means of filing complaints or giving feedback about the:
- (1) Service provider;
- (2) Device; or
- (3) Misuse of such devices.