PURPOSE: This rule outlines the conditions for which ignition interlock device certification may be suspended or revoked.

Editor’s Note: The following material is incorporated into this rule by reference: 1) 57 Federal Register 67, pp. 11772–11787, April 7, 1992 (Washington, D.C.: U.S. Government Printing Office, 1992). In accordance with section 536.031(4), RSMo, the full text of material incorporated by reference will be made available to any interested person at the Office of the Secretary of State and the headquarters of the adopting state agency.

1. (1) Suspension, or Revocation of Approval of a Device.

   1. (A) The state of Missouri, Department of Public Safety, Division of Highway Safety may suspend or revoke approval of a device, and remove it from the list of approved devices, for any of the following reasons:

      1. 1. Defects in design, materials or work-

manship causing repeated failures of a device;

1. 2. Termination or cancellation of an

authorized service provider’s liability insurance; and Operational Requirements 7 CSR 60-2

1. 3. Discontinuance in the business of

manufacturing devices;

1. 4. Voluntary request by an authorized

service provider to cancel approval of a device;

1. 5. Violation by an authorized service

provider, or installer, of any of the provisions set forth herein; or

1. 6. Modification or alteration of the com-

ponents, design or installation and operation instructions in such a way that the requirements of the United States Department of Transportation, National Highway Traffic Safety Administration, identified as “Model Specifications for Breath Alcohol Ignition Interlock Devices” 57 FR 67, pp. 11772–11787, April 7, 1992, are no longer satisfied.

1. (B) Notice of suspension or revocation shall be mailed to the person at the last known address on file with the Missouri Division of Highway Safety. The notice is deemed received three (3) days after mailing unless returned by postal authorities.
2. (C) A suspension or revocation is effective fifteen (15) days after notification is deemed received by the authorized service provider.
3. (D) An authorized service provider may appeal a suspension or revocation. This appeal must be submitted to the Department of Public Safety, Missouri Division of Highway Safety, in writing, within ten (10) days of receipt of a notice of denial, suspension or revocation.
4. (E) Within ninety (90) days of the event of suspension, revocation or voluntary surrender of approval, an authorized service provider shall be responsible for notifying operators of decertified devices and shall bear the cost for the removal of any and all decertified devices from operators’ vehicles and the installation of new devices which must be selected from the state of Missouri’s list of approved devices.

AUTHORITY: sections 577.600–577.614 and section 650.005, RSMo Supp. 1995.* This rule originally filed as 11 CSR 60-2.060. Emergency rule filed Feb. 5, 1996, effective Feb. 15, 1996, expired Aug. 12, 1996. Original rule filed Feb. 16, 1996, effective Aug. 30, 1996. Moved to 7 CSR 60-2.060, effective Aug. 28, 2003.

*Original authority: 577.600–577.614, RSMo 1995 and 650.005, RSMo 1973, amended 1985, 1989, 1993, 1995. and Operational Requirements 7 CSR 60-2