3204.1 A performance based inspection program (PIP) may be instituted by the Department for any dealer who meets the requirements of this section.

3204.2 The minimum frequency of inspection under a PIP shall be no less than one (1) inspection per certification period. The recertification inspection may qualify as the required minimum inspection frequency.

3204.3 To be eligible for a PIP, the dealer shall have demonstrated a history of satisfactory compliance for the previous three (3)-year period. The previous three (3)-year period shall demonstrate:

(a) Full compliance with inspections conducted under the minimum inspection frequency specified in section 3203.2(b);

(b) Recertification of the dealer by the Department each year;

(c) Verification that no more than one (1) critical violation and no more than two (2) noncritical violations have occurred in any one inspection;

(d) Correction of all identified violations in accordance with the compliance schedule approved by the Department; and

(e) No repetition of the identified violations.

SOURCE: Final Rulemaking published at 56 DCR 5245 (July 3, 2009).